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Terms of service

General Terms and Conditions (GTC) General Terms and Conditions of Business and Consumer Information within the scope of purchase contracts concluded via the web shop between Carstens-Keramik GmbH - hereinafter referred to as "Supplier" - and the customer - hereinafter referred to as "Customer" -. "Supplier" - and the customer - hereinafter referred to as "Customer". The contract language is German. § 1 Scope and general information (1) Subject to individual agreements and arrangements which take precedence over these GTC, the business relationship between the supplier and the customer shall be governed exclusively by the following the following General Terms and Conditions in the version valid at the time of the order. version. Any conflicting terms and conditions of the customer shall expressly not of the customer shall expressly not apply, unless the supplier expressly agrees to their validity in writing. (2) The customer is a consumer insofar as the purpose of the ordered deliveries and services does not relate to his commercial or cannot be attributed to his commercial or self-employed professional activity. On the other hand Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract person who, when concluding the contract, acts in the exercise of his commercial or self-employed professional acts. § 2 Conclusion of contract (1) All offers in the web shop of the supplier are merely a non-binding invitation to the invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the the customer's order, the customer will first receive a confirmation of the order placed with the of his order with the Provider, usually by e-mail (order confirmation). This does not yet represent the acceptance of the order. After receipt of his order, the supplier will check it at short notice and and inform the customer within 2 working days whether he accepts the order (order confirmation). (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. an order confirmation within 2 working days. The ordering process in the Provider's web shop works as follows: (2) The customer can select products from the provider's range and place them in a shopping basket by clicking the button "into the shopping cart" button to collect them in a so-called shopping cart. By clicking on the button "Order button, the customer submits a binding application to purchase the goods in the shopping cart. Before Before sending the order, the customer can change and view the data at any time. The application can submitted and transmitted only if the customer accepts these terms of contract by clicking the button "AGB accept" button and has thereby included these contractual conditions in his application. (3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the function "print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the Provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues the declaration of acceptance, which is sent sent by a separate e-mail. § 3 Subject matter of the contract, quality, delivery, availability of goods (1)The subject matter of the contract are the goods and services specified by the customer in the order and the order order confirmation at the final prices stated in the webshop. final prices. Errors and omissions are excepted, especially with regard to the availability of goods. (2) The quality of the ordered goods is determined by the product descriptions in the web shop. Illustrations on the website may only represent the products inaccurately; colours in particular may deviate deviate considerably for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weights, dimensions and performance descriptions are given as as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the supplier. (3) If, at the time of the customer's order, no copies of the product selected by him are available, the of the product selected by the customer, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. A contract is contract is not concluded in this case. (4) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall the supplier shall also inform the customer of this without delay in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. § 4 Retention of title The delivered goods remain the property of the supplier until payment has been made in full. § 5 Delivery, prices, shipping costs (1) Delivery (delivery to the shipping company) shall take place immediately after receipt of money (in the case of payment by bank transfer), otherwise immediately after dispatch of the order confirmation. (2) All prices stated on the website of the supplier are inclusive of the respective applicable statutory value added tax. (3) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. (4) The goods are shipped by postal package. If the customer wishes to have the goods shipped by another method, he must inform the supplier in writing in advance. The additional costs arising from this are stated in the order form and are to be borne by the customer. § 6 Payment modalities, set-off and right of retention (1) The customer can make payment in advance (bank transfer), PayPal, instant bank transfer or cash on delivery. (2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears at a rate of 5 percentage points above the base rate. base interest rate. (3) The customer's obligation to pay interest on arrears does not preclude the provider from the assertion of further damages caused by default by the Provider. (4) The customer may only offset counterclaims that have been determined by a court of law, are undisputed or have been set off in writing by the provider, undisputed or recognised in writing by the Provider. The customer can only exercise a right of customer may only exercise a right of retention if the underlying claims arise from the same contractual relationship. derive from the same contractual relationship. § 7 Warranty for material defects, guarantee (1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. (2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective item. expressly stated in the order confirmation for the respective item. § 8 Liability (1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. (2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages of the customer from an injury to life, body or health. injury to life, limb or health. (3) Material contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the fulfilment of which the customer and on the observance of which the customer may regularly rely. (4) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them. (5) The provisions of the Product Liability Act remain unaffected. § 9 Right of withdrawal of the consumer Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Carstens Keramik GmbH, Zum Strahlenkamo 9, 37186 Fredelsloh, telephone number: 05555/440; fax number: 05555/417 e-mail address: info@carstens-keramik.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (www.mustermannsshop.de). If you make use of this option, the form will be sent to you by e-mail. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. Consequences of the revocation If you cancel this contract, we will refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choosing a different delivery method). delivery costs (with the exception of additional costs arising from the fact that you have chosen a type of delivery other than the low-priced standard delivery offered by us) without days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. Sample cancellation form (If you wish to cancel the contract, please complete and return this form). To: Carstens Keramik GmbH To the Strahlenkamp 9 37186 Fredelsloh Germany Fax: 05555/417 E-mail: ec@carstens-keramik.de I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*) for the purchase of the following goods(*) / the provision of the following service(*): Ordered on (*) / received on (*) _______________________________ Name of the consumer(s) Address of the consumer(s) ______________ _____________________________________________________ Date Signature of consumer(s) (only in case of paper communication) (*) Delete where inapplicable Exceptions This right does not apply to distance contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded. (Example: Personalised items from our shop). § 10 Notes on data processing (1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, it shall observe the statutory provisions. Without the consent of the customer, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of teleservices. (2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market or opinion research. (3) The customer has the possibility at any time to call up the data stored by him under the button "My data" in his profile, to change or delete this. In all other respects, reference is made with regard to the customer's consent and further information on the collection, processing and use of data to the data protection declaration, which is available in printable form on the provider's website at any time via the button "data protection" button in printable form. § 11 Final Provisions (1) The remaining parts of the contract shall remain binding even if individual points are legally invalid. Online Dispute Resolution Platform Online Dispute Resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS). You can find it at http://ec.europa.eu/consumers/odr/ Information on the Consumer Dispute Resolution Act: Carstens Keramik GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. In case of disputes with the company Carstens Keramik GmbH, the dispute resolution body for general consumer arbitration of the Zentrum für Schlichtung e.V., Strassburger Str. 8, 77694 Kehl, www.verbraucher-schlichter.de would be responsible. However, the company Carstens Keramik refuses to participate in the dispute resolution procedure. Source: http://www.rechtsanwalt-metzler.de The text of the contract will not be saved. You will receive it as an attachment in your confirmation email.