General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion
3. Right
4. Prices and Payment
5. Delivery and Shipping
6. Retention
7. Liability
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
9. Applicable
10. Alternative

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Axsmar captivating steel GmbH, Managing Director Nicole Schwabenthal (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 displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion

2.1 The product descriptions in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to make a binding offer.

2.2 The customer can submit the offer using 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 contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by telephone, fax, email, post, or using the online contact form.

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 email), 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 the customer has placed their order.

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

2.4 When an offer is submitted via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller shall not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.5 Before placing a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.6 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

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 seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional 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 money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise 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 payment is made using a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal. com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipping to the delivery address specified by the customer. The delivery address specified in the seller's order processing shall be decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service. Furthermore, this shall not apply with regard to the costs of the initial delivery if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's cancellation policy shall apply to the return shipping costs.

5.3 In the case of collection by the customer, the seller shall first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer may collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller makes advance delivery, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer's statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the operator with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the operator and grant the operator the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

8.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the infringement is not attributable to the customer. In the event of a claim by a third party, the customer shall immediately provide the seller with all information necessary for the examination of the claims and a defense in a truthful and complete manner.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

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

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

© These General Terms and Conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (www.it-recht-kanzlei.de).
 

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