General Terms and Conditions
1.Field of application
The following terms and conditions apply to all orders via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their self-employed professional activity. A business customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The sales contract is concluded with abnorm media GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German, English and Spanish.
The contract text is not stored by us.
4. Terms of delivery
Shipping costs are added to the product prices indicated. You can find out more about the amount of the shipping costs in the offers.
Wir liefern nur im Versandweg. Eine Selbstabholung der Ware ist leider nicht möglich.
We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself. Shipping is available to the following countries: Austria, Belgium, Bulgaria, Cyprus, Cyprus (Northern part), Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (Mainland), Spain (Baleares, Canaries, Ceuta, Melilla), Sweden, Switzerland, United Kingdom.
5. Payment
All prices shown include (unless otherwise stated) the legal value added tax (VAT) and are in Euro (€). Unless otherwise stated, the prices shown do not include shipping costs.
In our shop, the following payment methods are available to you:
Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment. Prepayment is available for all shipping countries.
Credit card
When you place your order, you provide your credit card details. After your verification as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. Payment by credit card is available for all shipping countries.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal, you must be registered there or register first in order to be able to pay the invoice amount and authenticate yourself with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process. Payment via PayPal is available for all shipping countries.
Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your verification as the rightful cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process. Payment by credit card via PayPal is available for all shipping countries.
Direct debit via PayPal
If you have chosen the payment method direct debit, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the ordering process. Payment by direct debit via PayPal is currently only available for customers in Germany.
Purchase on account via PayPal
If you have chosen the payment method purchase on account, you do not need to be registered with PayPal to be able to pay the invoice amount. After successful address and creditworthiness check and submission of the order, we transfer our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For the payment processing via PayPal, the general terms and conditions and the privacy policy of PayPal apply - in addition to our general terms and conditions. More information and PayPal's complete general terms and conditions for purchase on account can be found here. Payment on account via PayPal is currently only available for customers in Germany.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna in each case. When buying on account with Klarna, you always get the goods first and you always have 14 days to pay. The complete terms and conditions for purchase on account can be found here. Purchase on account with Klarna is currently only available for Germany, Finland, the Netherlands and Austria.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been received.
For businesses, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you transfer to us in advance all claims arising from this resale in the amount of the invoice amount - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this transfer. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply among merchants. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to businesses at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement).
The above restrictions and reductions in deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of harm to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent - in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee commitment, if agreed
- insofar as the field of application of the product liability law is opened up.
Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.
10. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of harm to life, body or health
- in the event of intentional or grossly negligent breach of duty
- within the framework of a guarantee commitment, if agreed
- insofar as the field of application of the product liability law is opened up.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.
11. Settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution service.
12. Final provisions
If you are a business, then German law shall apply to the exclusion of the UN Sales Convention.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
T&C created with rechtstexter.de. Translated by Abnorm Print.