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TermsAndConditions
Terms of Service and consumer information
State: 01/2015
Terms and consumer information in the context of sales contracts in the webshop of Gleser GmbH RÄUMTECHNIK - SYSTEMFERTIGUNG. Gleser GmbH below seller and the customer below buyers called.
§ 1 Scope and general notes
(1) For the business relationship between the seller and the buyer, the terms and conditions apply. Individual agreements take precedence over the Terms and Conditions. Own conditions of the customer is excluded.
(2) The customer is a consumer, so far as it concludes the contract for purposes which can be attributed mostly neither its commercial nor its independent professional activity. Entrepreneur is any natural or legal person or legal partnership, in concluding transactions in their commercial or independent professional activity.
§ 2 Conclusion
(1) The contract is concluded with:
Gleser GmbH
RÄUMTECHNIK – SYSTEMFERTIGUNG
Stahlstraße 16
42551 Velbert
(2) The essential characteristics of the goods are in accordance with the product description.
(3) All offers in the online shop of the seller are merely a non-binding invitation to the customer to submit to the seller a corresponding purchase offer. If the seller has received the order from the customer, the customer will first be sent a confirmation, usually by e-mail (order confirmation). This order confirmation does not constitute acceptance of the order. After receiving the customer's order, the seller will consider these short-term and the customer whether he accepts the order (order confirmation). The ordering process in the online shop of the seller is as follows:
(4) The customer can choose products from the assortment of the seller and this via the button "Add to basket" collect in a so-called basket. By clicking on the "Show cart", the customer receives an overview of the selected products. With the button "Buy" it delivers a binding offer to purchase the goods in the basket. Before sending the order the customer can view the data by clicking on the appropriate tab and change the data entered. The application may only be submitted and transmitted if the customer by clicking on the button "I have read the terms and conditions and accept them" accepted these terms and conditions and has thus added to its application. The seller then sends the customer an automatic confirmation of receipt by e-mail to, in which the customer's order is listed again and the customer can print. The automatic acknowledgment of receipt only documents that the customer's order has been received by Seller and does not constitute acceptance of the application. The agreement is done by the declaration of acceptance by the seller, which will be sent to a separate e-mail.
§ 3 Contract, condition, delivery, product availability
(1) The contract covers the part of an order specified by the customer and mentioned in the order and / or order confirmation goods and services to net prices listed in the online shop. Errors or mistakes are there reserved, in particular as regards the availability.
(2) The nature of the goods ordered results from the product descriptions in the online shop. Pictures on the website give the products may only inaccurately; particular colors may differ materially due to technical reasons. Images are for reference only as an illustration and may differ from product. Technical data, weight, dimensions and specifications are given as accurate as possible, but may have the usual variations. The properties described herein do not constitute defects in the products delivered by the seller.
(3) Are at the time of the customer's order no product available, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from acceptance. A contract is not established in this case.
(4) If the designated product only temporarily unavailable, the seller informs the customer also immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to cancel the contract. In this case, may withdraw from the contract and the seller. Here he will refund any payments already made by the customer immediately.
(3) Are at the time of the customer's order no product available, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from acceptance. A contract is not established in this case.
(4) If the designated product only temporarily unavailable, the seller informs the customer also immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to cancel the contract. In this case, may withdraw from the contract and the seller. Here he will refund any payments already made by the customer immediately.
§ 4 Delivery, prices, shipping costs
(1) No later than the delivery to the shipping company five days after receiving the money. The delivery time is usually up to five days. On possibly different delivery times indicates the seller on the product page or in the order confirmation.
(2) All products prices are in EURO and ex works, plus VAT, if applicable duties and their costs and prices for shipping.
(2) All products prices are in EURO and ex works, plus VAT, if applicable duties and their costs and prices for shipping.
§ 5 Payment
The payment made in advance or PayPal.
§ 6 Transport demage
(1) If goods are delivered with obvious damages, the customer is asked to claim these defect immediately to the deliverer and as soon as possible to contact the seller.
(2) The failure of a complaint or the contact has about the statutory warranty rights of the customer no consequences, the seller help but to be able to make their own claims against the carrier or the transport insurance.
(2) The failure of a complaint or the contact has about the statutory warranty rights of the customer no consequences, the seller help but to be able to make their own claims against the carrier or the transport insurance.
§ 7 Warranty for defects
(1) The seller is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) A guarantee when the goods delivered by the supplier only if expressly stated in the order confirmation of the respective products.
(3) Complaints and warranty claims you may make at the address listed in the provider identification.
(2) A guarantee when the goods delivered by the supplier only if expressly stated in the order confirmation of the respective products.
(3) Complaints and warranty claims you may make at the address listed in the provider identification.
§ 8 Retention of title
Until full payment the delivered goods remain the property of the seller.
§ 9 Liability
Legal regulations apply.
If the customer processes the goods he ordered, and thereby changes to manufacturer (seller) in the sense of § 4 ProdHaftG, he sets the seller free in the sense of § 1 ProdHaftG of the product liability. This does not apply to intentional or grossly negligent breach of duty by the seller.
§ 10 Text of contract
The text of contract is stored on the internal systems of the seller. The general terms and conditions can always be seen on the homepage. The order information is sent to the customer via email. After completing the purchase order data in fact of security are not longer accessible over the Internet.
§ 11 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany, excluding the laws on the international sale of goods apply to contracts between the seller and the customer. This choice of law applies to consumers only insofar as the protection provided by mandatory provisions of the law of the country of habitual residence of the consumer which has the law not deprived.
(3) If the customer is a merchant, a legal entity under public law or a public special asset, jurisdiction for all disputes arising from contractual relationships between the customer and the seller are the location of the seller. This also applies if the customer has no general jurisdiction in Germany or the EU, or his permanent address or habitual residence at the time the lawsuit is not known.
Origin of the German version:
Rechtsanwalt Jacob Metzler
Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht