§ 1 General
(1) These General Terms and Conditions apply to all contracts, deliveries and other services of allermarkt. com, Anja Kestel, Auf der Au 21, 56 269 Dierdorf (hereinafter: “Seller”), regarding the online shop www. allermarkt. com and all sub-domains belonging to the domain. Deviating regulations of the Customers shall not apply, unless the Seller has confirmed this in writing. Individual agreements between the seller and the customer always take precedence.
(2) The business relations between the Seller and the Customer are governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The validity of UN Sales Law is excluded.
(3) Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
(4) The contract language is German.
(5) The place of jurisdiction is the seat of the provider, insofar as the customer is a merchant or a legal person under public law or special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the claim is filed.
§ 2 Contents and conclusion of the contract
(1) The seller offers the customer goods for purchase in the online shop.
(2) The presentation of the goods in our internet shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer for him to conclude a purchase contract by successfully completing the ordering procedure provided in our internet shop.
The order is made in the following steps:
1) Placing the desired goods in the shopping cart
2) Accessing the shopping basket
3) Checking the information in the shopping
4) Confirmation of the button “to checkout”
5) Registration in the internet shop or registration by entering the applicant’s details.
6) Entering the payment and dispatch conditions
7) Re-examination or correction of the respective data entered.
8) Binding sending of the order by clicking on the button “Buy”
The consumer may, after checking his information, return to the website where the customer’s information is recorded and correct input errors or cancel the order process by closing the Internet browser. We confirm the receipt of the order directly by an automatically generated e-mail (receipt confirmation). This does not constitute acceptance of the offer. Acceptance of the offer is done in writing, in text form or by sending the ordered goods within one week.
(3) The contract text will be sent to you by e-mail with the automatic order confirmation.
§ 3 Prices, shipping costs, VAT and payment
(1) For orders via the online shop, the prices stated there apply. All prices include statutory VAT.
(2) The prices are exclusive of shipping and packaging costs, which are announced to the customer before placing the order.
The amount of the shipping costs can be found in the respective product description.
(3) The delivery of the customer is made according to the customer’s request against the following payment methods: Prepayment (by bank transfer), by Paypal.
(4) If a customer is in default with his payment obligations, the seller may demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
(5) The Seller always issues an invoice to the Customer, which is delivered to him upon delivery of the goods or otherwise received in text form.
Section 4 Delivery and transfer of risk
(1) Unless contractually agreed otherwise, the ordered goods are delivered to the address specified by the customer.
(2) The availability of the individual goods is indicated in the product descriptions. Unless expressly agreed otherwise, the seller will ship goods in stock within 3-4 working days after conclusion of the contract (in case of prepayment by bank transfer: within 3-4 working days after receipt of payment). If in the case of a sale via the online shop the goods are marked as out of stock, the seller shall endeavour to deliver them as quickly as possible.
(3) The Seller reserves the right to make a partial delivery if this appears to be advantageous for a speedy processing and if the partial delivery is not exceptionally unreasonable for the Customer. Additional costs arising from partial deliveries shall not be invoiced to the customer.
(4) The Seller reserves the right to withdraw from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-supply reservation applies only if the seller is not responsible for the failure to deliver. The seller shall not be liable for the failure to perform, provided that a so-called congruent cover transaction was concluded with the supplier in due time for the fulfilment of the contractual obligations. If the goods are not delivered, the Seller shall inform the Customer immediately of this circumstance and reimburse a purchase price already paid as well as shipping costs.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is a businessman, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass upon delivery of the goods to the freight forwarder, the carrier or the person otherwise designated to carry out the shipment.
§ 5 Reservation of title
The delivered goods shall remain the property of the Seller until all claims arising from the contract have been met; if the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that, from the current business relationship until all claims arising from the Seller in connection with the contract have been settled. Treaty.
Section 6 Setting off, right of retention
(1) The right to set-off shall be reserved to the customer only if his counterclaims are recognised by the seller or legally established.
(2) The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Section 7 Liability for material and legal defects
(1) In the event of defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 ff . HGB .
(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods does not constitute a warranty claim against the seller.
Information on proper handling can be found in the manufacturer’s descriptions.
(3) Defects must be reported to the Seller 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.
If the customer is a businessman, the warranty period for new items is one year. In the case of used items, the warranty against entrepreneurs is excluded.
The foregoing limitations of liability shall not apply if the Seller fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and shall not apply to claims for compensation of damage to body or health due to a defect for which the Seller is responsible or due to wilful or gross negligence are supported by the seller or his vicarious agents.
(4) If there are defects and these have been asserted in time, the seller is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. For the rest, the statutory provisions apply.
Section 8 Information obligations in the event of transport damage
If goods are delivered with obvious damage to the packaging or to the contents, the Customer shall, without prejudice to his warranty rights (§ 7), immediately complain to the forwarder/ freight service and immediately contact the Seller by e-mail or in any other way (fax/post) in order to ensure that the Seller has any rights against the forwarder/ freight forwarder/ service.
Section 9 Disclaimer
(1) Apart from liability for material and legal defects, the seller shall be liable without limitation, insofar as the cause of the damage is based on intent or gross negligence. He is also liable for slightly negligent breach of essential obligations (obligations, the breach of which endangers the attainment of the purpose of the contract) and for the breach of cardinal obligations (obligations, the fulfilment of which enables the proper execution of the contract in the first place and on which the customer regularly relies), but only for the first time foreseeable, contract-typical damage. The Seller shall not be liable for slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply in the case of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and for fraudulently concealed defects. Liability according to the Product Liability Act remains unaffected.
(3) If the seller’s liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
Additional information required by law
All prices mentioned on the respective product pages are final prices plus shipping costs. According to §
19 VAT is not shown separately in the invoice.
Link to the EU Commission’s Online DDR Platform (ODR Platform):
http://ec. europa. eu/consumers/odr
With regard to participation in dispute settlement proceedings before a consumer arbitration body, I am not
committed yet ready.