Unsere allgemeinen Geschäftsbedingungen
§ 1 General § 2 Content of the contract and the conclusion of the contract § 3 Prices, shipping costs, sales tax and payment § 4 Delivery § 5 Reservation of ownership § 6 Right of Retention § 7 Liability for defects in property and law § 8 Information obligations for transport damage § 9 Disclaimer § 10 Other
§ 1 General (1) These terms and conditions apply to all contracts, deliveries and other services of the Enders & Schneider GbR, Waldstraße 15 b, 65329 Hohenstein (“seller”), concerning the online shop https://www.luftzeit.de and all those belonging to the domain. Sub-domains. Different customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always take precedence. (2) The business relationships between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing rights is excluded. (3) The language of the contract is German. (4) The place of jurisdiction is 65329 Hohenstein, insofar as the customer is a merchant or a legal entity of public law or public-law special assets. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence are not known at the time of filing the claim. (5) We deliver to the following countries: Germany, the whole of the EU and Switzerland.
§ 2 Content of the contract and the conclusion of the contract (1) The seller offers customers https://www.luftzeit.de new goods, especially clothing and textiles, for sale in the online shop. (2) When shopping in the online shop, a purchase agreement is concluded by the seller accepting the customer’s order. Award awards in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail. The customer also has the option to request a request from the seller about a particular item by phone or e-mail, fax or letter. Upon receipt of such a request, the seller submits a corresponding offer to the customer by e-mail, letter or fax. A contract does not materialize until the customer accepts this offer. (3) The text of the contract is saved.
§ 3 Prices, shipping costs, sales tax and payment (1) For orders made through the online shop, the prices quoted there apply. All prices include the statutory sales tax. (2) Prices are plus Shipping and packaging costs, which are announced to the customer before placing the order. The amount of shipping costs depends on the weight and dimensions of the goods as well as the desired destination: See https://www.luftzeit.de/shop/versandmethoden/ (3) The delivery of customers by the seller is carried out at the customer’s request against the following payment methods: Aim (by wire transfer, via Paypal,. If the customer chooses advance payment by wire transfer, the payment is due no later than 7 calendar days after the conclusion of the contract. (4) If a customer is in default of his payment obligations, the seller may claim compensation in accordance with the statutory provisions and/or withdraw from the contract. (5) The seller always issues the customer an invoice that is handed over to him when the goods are delivered or otherwise received in text form.
§ 4 Delivery (1) The ordered goods will be delivered to the address provided by the customer, unless contractually agreed otherwise. Delivery is from the seller’s warehouse. (2) The availability of the individual goods is indicated in the article descriptions. If the goods in the warehouse are not expressly agreed, the seller sends within 5 working days after the payment has been directed (in the case of advance payment by wire transfer: Within 5 working days after receipt of payment). If the goods are marked as out of stock in a sale via the online shop, the seller will endeavour to deliver them as quickly as possible. Information provided by the seller on the delivery deadline is non-binding unless, exceptionally, the delivery date has been made binding by the seller. (3) The seller reserves the right to make a partial delivery, provided that this seems advantageous for a speedy settlement and the partial delivery is not, exceptionally, unreasonable for the customer. Additional costs incurred as a result of partial deliveries will not be charged to the customer. (4) The seller reserves the right to dissolve the obligation to fulfil the contract if the goods are delivered by a supplier on the date of delivery and the delivery is omitted in whole or in part. This self-reservation only applies if the seller is not responsible for the absence of the delivery. The seller is not responsible for the absence of the service, provided that a so-called congruent cover transaction has been concluded in good time with the supplier in order to fulfil the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately of this circumstance and refund a purchase price already paid and shipping costs. The risk of accidental destruction and accidental deterioration of the goods passes to the customer with the handover. If the customer is an entrepreneur, the risk of accidental destruction and accidental deterioration of the goods, as well as the risk of delay, is already permitted with the delivery of the goods to the carrier, the carrier or the otherwise to carry out the goods.
§ 5 Reservor of ownership The delivered goods remain the property of the seller until all claims under the contract have been fulfilled; In the event that the customer is a legal entity under public law, a special public assets or an entrepreneur in the exercise of his commercial or self-employed professional activity, also from the ongoing business relationship Until all claims due to the seller in connection with the contract have been compensated.
§ 6 Right of Retention The customer has the power to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for defects in property and law (1) In the event of deficiencies, the customer shall be entitled to statutory warranty rights in accordance with the following provisions. (2) Damages caused by improper actions of the customer in the event of the installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller. The customer can find instructions on how to treat them properly. (3) Defects must be reprimanded by the customer within a warranty period of two years in the case of new items or one year in the case of used items against the seller. The above limitations of liability do not apply if the seller has fraudulently concealed a defect or provided a guarantee for the nature of the goods. The above limitations of liability also do not apply to claims for damages by the customer, which are directed to compensation for a body or health damage due to a defect to be claimed by the seller or to intentional or grossly negligent negligence. The seller or his vicarious agents. The abbreviations above do not apply to defects of a structure or item which has been used for a structure in accordance with its usual use and which has caused its deficiency. The abbreviations above also do not apply if the seller has fraudulently concealed a defect or provided a guarantee for the nature of the goods, and not for claims for damages by the customer, which is due to the replacement of a body or Health damage caused by a defect to be advocated by the seller or based on intentional or grossly negligent fault of the seller or his vicarious agents. (4) If there are defects and if they were claimed in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In addition, the legal provisions apply.
§ 8 Information obligations for transport damage If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the carrier carrier cargo service without prejudice to his warranty rights (§ 7) and immediately use an e-mail or in any other way (Fax/Post) Contact the seller so that he can protect any rights vis-à-vis the carrier/freight service.
§ 9 Disclaimer (1) Outside liability for defects in property and rights, the seller shall be liable without restriction, insofar as the cause of the damage is based on wilful intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal duties (obligations whose fulfillment is the proper implementation of the Contract made possible in the first place and regularly trusted by the customer to comply with them), but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than the above obligations. (2) The limitations of liability of the preceding paragraph do not apply to the injury to life, body and health, to a deficiency following the assumption of a guarantee of the nature of the product and to fraudulently concealed defects. Liability under the product liability act remains unaffected. (3) If the seller’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 10 Other (1) If one or more provisions of these Terms and Conditions are invalid, the contract shall remain in effect. To the extent that the provisions are invalid, the content of the contract is governed by the statutory provisions.
(2) Alternative dispute resolution pursuant to Article 14 (14). 1 ODR-VO and § 36 VSBG: The European Commission provides an online dispute resolution (OS) platform, which you can find under https://ec.europa.eu/consumers/odr . We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.