Terms of service

Scope
Conclusion of contract
Right of revocation
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (guarantee)
Liability
Applicable law
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Neudert & Viereck GbR (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button concluding the ordering process.

2.3 The seller may accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after submitting his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (e.g. e-mail, fax or letter). The seller does not make the text of the contract accessible in any further way. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.5 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by the third party commissioned by the order processing can be delivered when using SPAM filters.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the cancellation policy of the seller.

3.3 The right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or Taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "Sofortüberweisung" is selected, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize himself accordingly during the payment process and confirm the payment instruction. The payment transaction will be carried out immediately afterwards by Klarna and the customer's bank account will be debited. The customer can obtain more information about the payment method "Sofortüberweisung" on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, the payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the customer in the seller's online shop. To process payments, Apple may use other payment services, which may be subject to special payment terms, which may be referred to separately by the customer. More information about Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service "Google Pay" is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the customer in the online shop of the seller. To process payments, Google may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Google Pay is available on the Internet at https://pay.google.com/intl/de_de/about/.

4.9 If you select a payment method offered via the payment service "Klarna", the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the conditions of Klarna can be viewed here:

5) Delivery and shipping conditions

5.1 If the seller offers the shipment of the goods, the delivery shall take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. For the return costs, the regulations made in the cancellation policy of the seller apply in the event of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall be transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not transfer the goods until the customer is handed over to the customer or an authorized person to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, also passes to the customer in the case of consumers, as soon as the seller has delivered the item to the freight carrier or the person or institution otherwise designated for carrying out the shipment, if the customer commissions the freight forwarder, the freight carrier or the person or institution otherwise intended for the execution of the shipment with the execution and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with the due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (guarantee)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights to defects are excluded;
the limitation period does not begin again if a replacement delivery is made within the framework of the liability for defects.

7.2 The above limitations and deadline reductions do not apply

for claims for damages and reimbursement of expenses of the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which have been used for a structure in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Art. § 1 HGB, he is subject to the commercial duty of inspection and objection in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, similar and statutory, also tort claims for damages and expenses as follows:

8.1 The seller is liable for any legal reason without restriction

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
on the basis of a promise of guarantee, unless otherwise stipulated in this regard,
due to mandatory liability such as according to the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, the liability is limited to the typical, foreseeable damage of the contract, unless unlimited liability is made in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 Otherwise, any liability of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Applicable law

9.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international purchase of movable property. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.