Article 1 Scope
1.The Conditions of Use detailed below apply exclusively to electronic business transactions between Diethard Stein and his customers. The version current at the time of the conclusion of the contract applies.
2.These are the sole Conditions applying to electronic transactions. Customers’ terms which may conflict with, or diverge from, these terms and conditions of trade cannot be accepted.
Article 2 Introduction
1.The description of our range of goods on the internet should not be regarded as an offer to conclude a contract within the meaning of Section 145 of the German Civil Code (BGB), rather it is only for the information of the customer. Diethard Stein does not accept contractual obligations, such as terms of a delivery guarantee, at this stage.
2.At the time of placing an order with Diethard Stein, the customer expresses an intention to conclude a contract. Diethard Stein will reply by e-mail to the customer confirming receipt. This confirmation of order does not constitute an acceptance of the offer, but rather the fulfilment of the legal obligation of Section 312e Para I No. 3 of the German Civil Code.
3.The contract with Diethard Stein comes into force at the time Diethard Stein accepts an offer. The acceptance takes the form of dispatch of the goods ordered or by sending a confirmation of dispatch. In the case of Diethard Steins inability to accept an offer, this will be notified to the customer in electronic form.
Article 4 Supply of goods ordered
1.Unless agreed otherwise, Diethard Stein is obliged to deliver the goods ordered as quickly as possible to the address given by the customer.
2.All risks of shipping pass to the customer as soon as the goods are transferred from Diethard Stein to the commissioned supplier. This does not apply in cases where the customer is a consumer within the meaning of Section 13 of the German Civil Code.
3.Information about delivery dates are non-binding.
Article 5 Settlement date and payment of the purchase price
Payment can be made by direct debit or by credit card. If you chose to receive an invoice, the full purchase price without any deductions is due immediately on receipt of the wares. Payment by credit card or direct debit is due at the time of dispatch.
Article 7 Guarantee in the case of defects
1.Diethard Stein is liable for defects which are present at the point of delivery, but liability is limited to the duration of the legal warranty period. For contracts with consumers within the meaning of Section 13 of the GermanCivil Code the warranty period is two years from receipt of the goods.
2.Any defects which appear must be promptly notified in writing to Diethard Stein. In the event that Diethard Stein is responsible for a defect, Diethard Stein undertakes either to rectify this or supply a replacement item according to the customer’s wishes.
3.Diethard Stein does not accept liability for claims which do not relate directly to the goods, or for lost earnings or other financial losses incurred by the customer unless due to malicious intent or gross negligence. This disclaimer does not apply to injuries to life, body or health.
Article 8 Final clauses
1.This contract is subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods does not apply. The place of fulfilment and jurisdiction is Neusaess.
2.The invalidity of individual provisions does not affect the remaining effectiveness of the remaining articles of the contract and these General Terms and Conditions.
Solingen, 2017 [:]
Article 1 Scope