Terms and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you make with us as a supplier (Hendrik Röber) via the website www.softsticks.eu unless otherwise agreed, the inclusion of which might be used by you own conditions is contradicted.
(2) consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
Our product images on the Internet are not binding and no binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) using the online shopping cart system. The purchase of goods intended to be stored in the "basket". Using the appropriate button on the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and entering your personal details and payment and shipping terms, all order data will be displayed on the order summary page finally again.
Before submitting the order you have the option here to check all the information again to change (also using the "back" of the Internet browser) or cancel the purchase.
"Buy" By submitting the order to the button you enter a binding offer by us.
You will get an automatic e-mail of the receipt of your order, which does not lead to the conclusion of the contract.
(3) Acceptance of the offer (and therefore the contract) within 2 days of confirmation in writing (eg e-mail) in which you execute the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. If necessary services already rendered will be refunded immediately in this case.
(4) The processing of the order and submission of all information required in connection with the contract shall be partially automated by e-mail. They therefore have to ensure that you stored in your e-mail address is correct, the receipt of the e-mails is technically assured and especially not prevented by SPAM filters.
§ 3 Retention, Retention of Title
(1) A lien can only exercise if it is the same receivables from
Contractual relationship is.
(2) The goods remain our property until full payment of the purchase price. (3) Are you a business, the following also applies:
a) We reserve title to the goods until full payment before all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you already occur all claims in the amount of the invoice that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the debt. As far as you meet your payment obligations properly, we reserve the right, however, to collect the claim itself.
c) When connecting and mixing of the goods we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us on your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the securities to be released.
§ 4 Guarantee
(1) the applicable legal regulations.
(2) If you are an entrepreneur, notwithstanding paragraph 1:
a) As a condition of the goods shall only our own data and the manufacturer's product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) You are obliged to inspect the goods promptly and with due attention to the quality and quantity variances and to us in writing of obvious defects within 7 days from receipt of the goods, the deadline extends the time limit. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects, we, at our option by repair or replacement. If the repair fails twice, you can request a reduction or withdraw from the contract of your choice. In case of repair, we need not to bear the increased costs incurred by the shipment of the goods at a place other than the place of performance, provided that the shipment does not match the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damage arising from injury to life, body or health, and grossly negligently or intentionally caused damage or malice, as well as recourse under § § 478, 479 BGB.
§ 5 Liability
(1) We shall each be fully for damages arising from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, has been guaranteed for the quality of the purchase object in damages under the product liability law and in all other cases established by law.
(2) If material contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations imposed by the contract us by its content for purpose of the contract, make the fulfillment of the proper execution of the contract possible in the first and to comply with them may rely.
(3) the liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at all times at the current state of the art. We shall be liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not deprived (favourability).
(2) Place of performance for all obligations of the business and the legal venue existing with us is our seat as far as you are not a consumer, but a merchant, legal entity under public law or public law special fund. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention specifically does not apply.
II Customer Information
1. Identity of the seller
Phone: +49 176 61535187 E-mail: firstname.lastname@example.org
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction be made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, the contract text storage
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order with us, the order data, the information required by law in distance contracts and the terms and conditions will again be sent by e-mail to you.
4. essential characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the item description and additional information on our website.
5. Price and Payment Methods
5.1. The reasons given in the respective offers prices and shipping costs are total prices through you include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via an appropriately designated button on our website, are reported separately during the order process and are payable by you in addition, unless the shipping costs is confirmed.
5.3. The payment methods available to you are shown under an appropriately labeled button on our website or in the respective product description.
5.4. Insofar as the individual payment methods not otherwise specified, payment claims from the completed contract immediately due for payment.
6.1. The terms of delivery, delivery date and any existing shipping restrictions can be found at an appropriately designated button on our website or in the respective product description.
6.2. Unless you are a consumer is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed transport company by the entrepreneur or an otherwise certain to execute the dispatch person.
Are you a business, the supply and shipment is at your risk.
7. Statutory warranty rights for goods
7.1. The warranty for our goods depends on the control "Warranty" in our Terms and Conditions (Part I).
7.2. As a consumer, you will be asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper complaints as quickly as possible. Come fails to do, this does not affect your statutory warranty claims.
These terms and conditions and customer information have been created by the specialized in IT law jurists of the dealers Federal and be permanently checked for legal compliance. The Dealers Association Management AG guarantees the legal security of texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
Delivery is within Germany and in the following countries Austria , Belgium, Bulgaria , Denmark ( except Faroe Islands and Greenland ), Estonia , Finland ( except Älandinseln), France (except oversea departements), Greece ( except Mount Athos ), Ireland, Italy (except Livigno and Campione d Italia ), Latvia , Lithuania, Luxembourg , Netherlands (except non - european areas) , Norway, Poland , Portugal, Romania, Sweden, Switzerland , Slovakia, Slovenia , Spain (except Ceuta, the Canary Islands and Melilla) , Czech Republic , Hungary, Great Britain .
We ship with DHL.
In the following countries Austria , Belgium, Bulgaria , Denmark ( except Faroe Islands and Greenland ), Estonia , Finland ( except Älandinseln), France (except überseeischeGebiete and departements), Greece ( except Mount Athos), Ireland, Italy ( except Livigno and Campione d Italia ), Latvia , Lithuania, Luxembourg , Netherlands (except non -European areas) , Norway, Poland , Portugal, Romania, Sweden, Switzerland , Slovakia, Slovenia , Spain (except Ceuta, the Canary Islands and Melilla) , Czech Republic, Hungary, Great Britain .
Except as provided in the item description of any other period , the delivery of the goods in Germany within 2-5 days , for international deliveries made within 4-7 days. When paying in advance the delivery period begins upon receipt of payment .
Note that on Sundays and public holidays, no notification is made .
For collection we will notify you by email about the availability of the goods and the pick-up options . In this case, no shipping costs will be calculated.
The load on your Paypal account or your credit card will be with the completion of the order.
When paying by direct debit , the load of your account occurs when the goods leave our warehouse.
The load on your PayPal account or your credit card will be with the completion of the order.
We reserve the right to make delivery against advance payment by bank transfer in individual cases.
If you pay by direct debit (direct debit ) , you authorize us notice to collect the invoice amount from your account .
If you have questions you will find our contact details in the imprint.