Terms and Customer Information
Terms and customer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that connect us as a provider (hundskerle, Frauke Artz) via the website www.hundskerle.de. Unless otherwise agreed, the inclusion of which might be used by you own conditions is contradicted.
(2) Consumers in terms of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of its independent professional or commercial activity.
§ 2 Formation of Contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping cart system.
The purchasing goods intended to be placed in the "basket". Use the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the site "Checkout" and entering the personal information and the payment and shipping terms, all order data are finally again displayed on the order summary page. Before submitting the order, you have the possibility here to check all the details again to change (also the "back" of the Internet browser) or cancel the purchase.
By sending the order via the "pay it order" enter a binding offer from us.
You will get an automatic e-mail on receipt of your order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and therefore the contract) shall be made within 2 days of confirmation in writing (for example, e-mail), in which you carry out the order or delivery is confirmed the product (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. Optionally already rendered will be returned immediately in this case.
(4) your requests for the creation of an offer are binding on you. We submit this a binding offer in writing (for example, e-mail), which you can accept it within 5 days.
(5) The completion of the order and the transfer of all information necessary in connection with the contract is concluded via email automated. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.
§ 3 Custom goods
(1) you provide us with the information necessary for the individual design of products to appropriate information, text or files via the online ordering system or at the latest immediately after the conclusion by e-mail. Our any specifications about file formats have to be observed.
(2) You agree not to transmit data, the contents of which infringe rights of third parties (in particular copyright, naming rights, trademark rights) or violate existing laws. Make ourselves from all in this context, claims made by third parties. This also relates to the cost of the necessary in this context legal representation.
(3) We do not assume any examination of the data transmitted on accuracy before and assume no liability for any errors.
(4) Unless we create within the individual design for text, images, graphics and designs, these are subject to copyright.
Without our express consent is a use, reproduction or modification of individual parts or complete contents not permitted.
Unless otherwise agreed, we transfer you an indefinite period of time to create for you copyrighted works. You are prohibited expressly to provide the protected works or parts thereof in any way third party private or commercially available.
The transfer of the right of use is subject to the condition precedent of full payment of the purchase price.
§ 4 retention, retention of title
(1) A lien can only exercise if it concerns claims arising from the same contract.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur, the following also applies:
a) We reserve the title to the goods until full payment before all claims from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will take all claims in the amount of the bill that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the receivable. Unless you meet your payment obligations incorrectly, we reserve the right, however, to collect the claim itself.
c) In connection and mixing of the goods we acquire joint ownership of the new item in proportion of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the collateral to be released.
§ 5 Warranty
(1) There are the statutory warranty rights.
(2) If you are a business, and notwithstanding paragraph 1:
a) As a condition of the goods are only our own specifications and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) You are required to inspect the goods immediately and with due attention to the quality and quantity and to notify us of obvious defects in writing within 7 days of receipt of the goods, the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from discovery. In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. Fails to remedy the defect, you can demand reduction or withdraw from the contract according to your choice. The remedial measures shall apply after the unsuccessful second attempt as failed if it does not appear from the nature of the item or the defect, or other circumstances. In case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damages resulting from injury to life, limb or health and grossly negligently or intentionally caused damage or bad faith, as well as recourse pursuant to §§ 478, 479 BGB.
§ 6 Liability
(1) We shall each limitation for damage resulting from injury to life, limb or health. Next we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding rules in our customer information (Part II) and General Conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are material obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations, the contract imposes on us to its content to achieve the purpose of the contract, making the fulfillment of the proper execution of the contract at all possible and compliance with which you may generally rely.
(4) When the breach of minor contractual obligations, liability is excluded for slight negligence.
(5) The data communication via the Internet can be guaranteed with the current state of the art is not error-free and / or available at all times. We are liable to the extent either for the continuous uninterrupted availability nor the website and the services offered there.
§ 7 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) performance for all aspects of the business and jurisdiction existing with us is our seat as far as you are not consumers but a merchant, legal entity under public law or public special assets. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also to appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of the CISG expressly not apply.
II. Customer Information
1. Identity of the seller
hundskerle, Frauke Artz
Rosenheimer Straße 69
Phone: +49 89 46 2000 51
The European Commission provides a platform for the extrajudicial online dispute resolution (ODR platform) ready callable under http://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language text storage contract
3.1. Contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order with us the order data, the information required by law for distance contracts and the terms and conditions are again sent via email to you.
3.3. In Requests outside the online shopping cart system will give you all contract data sent as part of a binding offer by e-mail, which you can print or save electronically.
4. codes of conduct
4.1. We have subjected ourselves to buyers Seal Quality criteria Händlerbund Management AG and, consequently, the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http: //www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund
5. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the item description and additional information are available online.
6. Price and Payment Methods
6.1. References in the respective offer prices and shipping costs are total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective product description, are shown separately in the course of the order process and are payable by you in addition, unless the no shipping costs is promised.
6.3. The your available payment methods are included under a correspondingly labeled button on our website or in the respective product description.
6.4. Insofar as the individual payment indicated otherwise, the payment claims from the completed contract immediately due for payment.
7.1. The delivery, the delivery and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective product description.
7.2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during the shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is at your risk.
8. Statutory warranty rights
8.1. The warranty for our goods is governed by the rules "Warranty" in our Terms and Conditions (Part I).
8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper complaints as quickly as possible. Come fails to do, this does not affect your statutory warranty claims.
These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.
last updated: 01/18/2016