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Terms and conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by private consumers and business customers.

Consumers are natural entities who conclude legal transactions for purposes which for the most part are not related to commercial or self-employed occupational activities. Business customers are natural or legal entities or partnerships with legal capacity who conclude legal transactions within the scope of their commercial or self-employed occupational activities.

In relation to business customers these terms and conditions will also apply to future contractual relationships without reference having to be made to them once more. If the business customer applies conflicting or supplementary terms and conditions, their application is hereby rejected. They will only become part of the contract if we have expressly recognised their application.

2. Contractual partner, conclusion of contract

The contract of purchase is concluded with Eichler Engelhardt Werbeagentur GmbH.

The presentation of the products in our online shop represents a non-binding online catalogue and not a legally binding offer. You can place our products in your shopping basket without commitment and change your entries at any time before sending off your binding order by using the correction aids which are provided and explained in the ordering process. When you click on the order button you submit a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be implemented by email immediately after you send off your order.

The point at which the contract with us comes into effect depends on the payment method you select:
Invoice
We accept your order by sending a declaration of acceptance in a separate email or by sending off the goods within two days.

Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, providing you with our bank details.

Credit card
When you submit your order you simultaneously provide us with your credit card data. After you have been legitimised as the owner of the card we request your credit card company to activate the payment transaction and in this way accept your order.

PayPal
During the ordering process you are transferred to the website of the online service provider PayPal. There you can enter your payment data and confirm the payment instructions to PayPal. After the order has been placed with our shop we request PayPal to activate the payment transaction and in this way accept your order.

Amazon Payments
After you click on the button "Pay with Amazon" you are transferred to the website of the online service provider Amazon even before the completion of the ordering process in our online shop. There you can select the delivery address and payment method saved with Amazon and confirm your payment instructions to Amazon. After that you are directed back to our online shop, where you can complete the ordering process. After the order has been placed we request Amazon to activate the payment transaction and in this way accept your order.

3. Contract Language, Saving of Contract Text

The languages available for the conclusion of the contract are German and English.

We save the text of the contract and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions at any time on this page. Your past orders can be viewed in our customer login.

4. Delivery

Shipping costs are added to the indicated product prices. The individual offers provide further details of the shipping costs. Shipping within Germany is free.

All goods are shipped. We regret that collection of the goods is not possible.


Delivery to parcel lockers (Packstationen) is not possible.

5. Payment

The following payment methods are available to you in our shop:

Payment in advance
If you select payment in advance we provide you with our bank details in the confirmation of order and deliver the goods after payment is received.


Credit card
Your credit card is debited at the time when we accept your order.

Paypal
You pay the invoice amount via the online service provider PayPal. For this purpose you have to be registered or register with PayPal, check in with your access data and confirm the payment transfer to us. Further information is provided as part of the order process.

Amazon Payments
After you click on the button "Pay with Amazon" you are transferred to the website of the online service provider Amazon even before the completion of the ordering process in our online shop. In order to implement the ordering process and pay the invoice amount through Amazon, you have to be registered with Amazon or to register with Amazon now and enter your access data. There you can select the delivery address and payment method saved with Amazon and confirm the use of your data by Amazon and your payment instructions to us. Further information is provided as part of the ordering process. After that you are directed back to our online shop, where you can complete the ordering process.
Immediately after the order has been placed we request Amazon to activate the payment transaction. Amazon automatically implements the payment transaction.

Invoice
Payable within seven days from delivery of the goods.

6. Right of cancellation

Consumers have a legal right of cancellation, as described in our cancellation policy. Business customers are not provided with a voluntary right of cancellation.

7. Retention of title

The goods remain our property until payment has been received in full.

For business customers the following also applies: We retain title to the goods until all our claims from a current business relationship have been settled in full. The customer may sell the goods as part of his normal business operations, provided that all claims arising from such a sale – regardless of whether the goods are connected or mixed with other goods – are assigned to us in advance to the amount of our invoice. We hereby accept such assignment. The customer is authorised to collect the proceeds of the sale, but if he fails to meet his payment obligations we will have the right to collect such proceeds ourselves.

8. Transport damage

The following provisions apply to consumers. If goods are delivered with visible transport damage, if possible this must be reported to the delivery driver immediately and we should be contacted without delay. Failure to report the damage or contact us will not affect the consumer's legal claims and their implementation, in particular the consumer's warranty rights. It will, however, help us to assert our own claims in relation to the carrier and/or transport insurance company.

The following provisions apply to business customers. The risk of accidental loss or damage is transferred to the customer as soon as we have handed the goods to the freight forwarder, carrier or other party or institution entrusted with the shipping of the goods. Business customers are subject to the obligations of inspection and reporting in accordance with § 377 HGB (German Commercial Code). If the customer fails to make the relevant damage report the goods will be regarded as having been accepted, unless the defect was of a kind not identifiable on inspection. This will not apply if we have fraudulently concealed a defect.

9. Warranty

Unless expressly agreed otherwise below, statutory liability for defects will apply.

In the case of consumers, any claims for defects in the case of used goods will become subject to statutory limitation one year from the delivery of the goods.

For business customers the statutory limitation on claims for defects is one year from the transfer of risk. This is without prejudice to the statutory periods of limitation for rights of recourse in accordance with § 478 BGB (German Civil Code).

In relation to business customers, only our own information and the product descriptions of the manufacturer which have been included in the contract will apply as an agreement on the characteristics of the goods. We accept no liability for publications by the manufacturer or other advertising statements.

If the goods which are supplied are defective, in relation to business customers we will initially at our discretion either remove the defect (subsequent performance) or supply replacement goods without defect (replacement delivery).

The above limitations and reductions in the applicable periods will not apply to claims resulting from damage which has been caused by us, our official representatives or those acting on our behalf:

  • - in the event of injury to life, limb or health
  • - in the event of a contractual breach arising from malicious intent, gross negligence or fraud
  • - in the event of a breach of a significant contractual duty, the fulfilment of which is essential to the implementation of the contract and on compliance with which the contractual partner should 
      always be able to rely (cardinal obligations)
  • - as part of a warranty promise, if agreed
  • - if product liability legislation applies.

Information about any applicable additional warranties and their precise terms is indicated in connection with individual products and on special information pages of the online shop.

10. Liability

Our liability is unrestricted in the case of damage which is caused by us, our official representatives or those acting on our behalf

  • - in the event of injury to life, limb or health
  • - in the event of a contractual breach arising from malicious intent or gross negligence
  • - within the scope of a warranty, if agreed
  • - if product liability legislation applies.

In the event of a breach of a significant contractual duty, the fulfilment of which is essential to the implementation of the contract and on compliance with which the contractual partner should always be able to rely (cardinal obligations) as a result of minor negligence on the part of ourselves, our official representatives or those acting on our behalf, liability will be restricted to the kind of damage which is foreseeable on the conclusion of the contract and which may normally be expected at the time.

In other respects claims for compensation are excluded.

11. Code of conduct

We comply with the following code of conduct:

Trusted Shops seal of approval
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

12. Online settlement of disputes

Online settlement of disputes in accordance with Art. 14 Section 1 ODR-VO: the platform for the online settlement of disputes provided by the European Commission can be accessed at http://ec.europa.eu/consumers/odr/

13. Closing provisions

In the case of business customers German law will apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

In the case of business customers as defined by the Commercial Code, a legal entity under public law or special fund under public law, our registered location will be the sole place of jurisdiction for all disputes arising from the contractual relationship.


Free terms and conditions created with Trusted Shops providers of legal texts in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

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