Terms and Conditions (T&C)
General Terms and Conditions of Business and Consumer Information within the scope of purchase contracts concluded between 10119DESIGN GmbH - hereinafter referred to as the "Supplier" - and the Customer (hereinafter "Customer") via the Web shop.
§ 1 Scope and general notes
(1) Subject to individual agreements and agreements which take precedence over these General Terms and Conditions, the following general terms and conditions shall apply to the business relationship between the supplier and the customer in their version valid at the time of the order. Conflicting terms and conditions of business of the customer shall not apply expressly, unless the supplier expressly agrees to their validity in writing.
(2) The customer is a private consumer if the delivered good or services cannot be attributed to customer`s business purposes. Goods and services delivered for commercial purposes are attributed to company and commercial purposes.
§ 2 Conclusion of contract
(1) All web shop offers by the suppliers represent only a non-committal invitation to the customer to submit a corresponding order. Once the supplier has received the customer's order, the customer first receives a confirmation of his order from the supplier, usually by e-mail (order confirmation). This does not constitute the acceptance of the order. After receipt of the order, the supplier will check this at short notice and inform the customer within two working days to accept the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 business days. The web shop order process:
(2) The customer can select products from the assortment of the supplier and collect them in a so called shopping basket. By clicking on the "Send order" button, the customer submits a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and communicated if the customer accepts these terms and conditions by clicking on the "Accept terms and conditions".
(3) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed, ready to print, using the "print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by the supplier, which is sent with a separate e-mail.
§ 3 Subject matter of the contract, nature, delivery, product availability
(1) The subject matter of the contract shall be the goods and services specified by the customer as part or complete order and confirmation of the final prices stated in the web shop. Errors and mistakes are reserved, especially as regards the availability of goods.
(2) The quality of the goods ordered is derived from the product descriptions in the web shop. Pictures on the website may divert from the real product. Especially colors may vary considerably for technical reasons. Images are only intended for visual purposes. Images may differ from the product. Technical data, weight, measurement and performance description are given as precisely as possible, but may have the usual deviations. The characteristics described here do not constitute defects of the products delivered by the supplier.
(3) If there is no available inventory at the time of the customer order of the product selected, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier will not accept a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also immediately notify the customer in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to cancel the contract. In this case, the supplier will refund any payments already made by the customer without delay.
§ 4 Reservation of title
The delivered goods remain the property of the supplier until they have been paid in full.
§ 5 Delivery, Prices, Shipping Costs
(1) Delivery (delivery to the shipping company) shall take place immediately after receipt of payment, or, if agreed, immediately upon dispatch of the order confirmation.
(2) All prices, which are stated on the website of the supplier, are including the respectively valid statutory value added tax.
(3) The corresponding shipping costs are indicated to the customer in the order form and must be borne by the customer.
(4) The goods are shipped by post parcel shipping or forwarding. If the customer wishes an insured shipment, he has to include this in his application by selecting the appropriate shipping method. The resulting additional costs are stated in the order form and must be borne by the customer.
§ 6 Payment Modes, Surcharges and Right of Retention
(1) The customer can make the payment by direct debit or by credit card.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. Amount overdue at first day of payment deadline. Penalty interest of 5% above base rate applies. Further penalties may apply according to contractual agreements.
(4) The customer can only set off such claims as have been judicially recognized, undisputed or acknowledged by the supplier in writing. A right of retention can only be exercised by the customer if the underlying claims derive from the same contractual relationship.
§ 7 Damage and Non-performance guarantee.
(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB.
(2) A guarantee only exists if the goods delivered by the supplier are expressly stated in the order confirmation of the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents .
(2) In the case of infringement of essential contractual obligations within the meaning of paragraph 1, the supplier is only liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from a violation of life or health.
(3) The essential contractual obligations within the meaning of paragraph 1 are the liability for the violation of obligations, the fulfillment of which is the proper execution of the contract at first and on which the customer may regularly trust.
(4) The restrictions of clauses 1 and 2 shall also apply to the legal representatives and vicarious agents of the provider if claims are directly asserted against them.
(5) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Revocation right of the consumer
(1) If the customer has entered into a contract with the provider by means of telecommunication, in particular by telephone, e-mail or fax, or via the website of the supplier, right of withdrawal described below.
(2) The customer has to pay the costs of the return if the delivered product corresponds to the ordered, if the price of the returned item does not exceed 40 Euro, or at above 40 Euros, if no payment or partial payment has been forwarded, according to payment terms, by the time of withdrawal.
There is no right of revocation:
• if the customer has purchased the products purchased from the supplier for the purpose of his commercial or independent professional activity (in this case, the customer is not a consumer)
• for products which are custom-made according to the specifications of the customer or have been clearly tailored to their personal requirements (custom-made products),
• for products which are perishable and for products whose expiry date has been exceeded,
• for sealed data carriers with audio and video recordings or software if the data carrier has been unsealed by the customer,
• Newspapers, magazines and magazines.
- Right of revocation -
You can revoke your contract declaration within 14 days after delivery without giving reasons in text form (letter, fax, e-mail etc.). Revoking period starts:
-at the day of delivery or partial delivery of orders and prior reception of this conditions to revoke and post fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the German Civil Code and our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 (3) of the German Civil Code. The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period.
The revocation must be sent to:
Revocation!
In case of an effective revocation, the services received at both ends and any additional benefits (interest, penalties etc.) must be returned. If you are unable to return the received goods in whole or in part or only in a deteriorated condition, the customer is liable to compensate. The customer has to compensate for the deterioration, wear and tear of the goods as far as the use or the deterioration is due to a handling of the goods, which goes beyond the examination of the characteristics and the function. "Testing the properties and functioning" means testing the respective goods, as is possible and customary in the store business. Transportable items are to be returned at our risk. The customer has to bear the regular costs of the return if the delivered product corresponds to the order and if the price of the returned item does not exceed an amount of 40 Euro or at above 40 Euros, if no payment or partial payment has been forwarded, according to payment terms, by the time of withdrawal.
Non-package items will be collected at customer location. Obligations to reimburse payments must be fulfilled within 30 days starting at the day of revocation notice received by the supplier.
§ 10 Notes on data processing
(1) The provider collects data of the customer within the framework of the processing of contracts under consideration of the statutory provisions. Without the Customer's consent, the Supplier will only collect, process or use the Customer's stock and usage data, necessary for the processing of the contractual relationship and for the use and settlement of telephone services.
(2) Without the customer's consent, the supplier will not use the customer's data for purposes of advertising, market or opinion research.
(3) The customer has the option at any time to retrieve, modify or delete the data stored under the button "My data" in the customer profile. Furthermore, with regard to customer's consent and further information on data collection, processing and use, the data protection declaration applies, which can be sighted on the website of the supplier at any time via the button "data protection" in printable form.
§ 11 Final provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between the supplier and customer, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the place of business of the provider.
(3) The contract shall remain binding in the remaining parts of the contract even if individual points are legally invalid.