General terms and conditions
General terms and conditions
§ 1 Scope
(1) These general terms and conditions of sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Chemofast Anchoring GmbH Hanns-Martin-Schleyer Straße 23, 47877 Willich Ralf Jungermann / Dipl. Kfm. Roger Wintzen Commercial Register Krefeld / HRB 2677 02154/81230 02154/812326 email@example.com and you as our customer. These General Terms and Conditions apply exclusively to consumers. Our B2C terms and conditions apply to our business relationships with commercial customers, i.e. if you are an entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on the button "Order with obligation to pay" you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; Your right, if applicable according to § 3, to revoke your order remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless acceptance is also declared in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through the delivery of the ordered items.
(5) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Right of Withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal according to Section 1, you have to bear the regular costs of the return.
(3) For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must send us Chemofast Anchoring GmbH, Hanns-MartinSchleyer Straße 23, 02154/81230, 02154/8123326 and Sales@chemofast.de by means of a clear declaration (e.g. a letter sent by post or an e-mail). inform you of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or any other clear statement on our website (www.chemofast.de). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(4) The right of revocation does not apply to long-distance contracts
(a) for the delivery of goods that have been manufactured to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose use-by date has passed,
(b) for the delivery of audio or video recordings or software if you have unsealed the data carriers delivered.
§ 4 Terms of delivery and reservation of payment in advance
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with a place of residence or place of business abroad or if there are justified indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation to prepayment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include shipping costs.
(2) The shipping costs are specified in our price information in our online shop. The price including sales tax and any shipping costs is also displayed in the order form before you send the order.
(3) If we fulfill your order according to § 4 paragraph 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will calculate shipping costs for each partial delivery.
(4) If you revoke your contractual declaration effectively in accordance with Section 3, you can, subject to the legal requirements, request reimbursement of costs already paid for shipping to you (delivery costs) (see Section 3 (3) for other consequences of revocation).
§ 6 Terms of payment and set-off and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can choose to transfer the purchase price and the shipping costs to our account specified in the online shop, give us direct debit authorization or by EC/Maestro card or credit card or by PayPal, Apple Pay, Giropay, Sofort or sepa-direct -pay debit. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the point in time regulated in paragraph 1. A direct debit authorization that has been granted is also valid for further orders until it is revoked.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim stems from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall come into effect in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions, which may be attached to the items enclosed.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
Section 10 Copyrights
We have copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, ... . Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.
To Chemofast Anchoring GmbH, Hanns-Martin-Schleyer Straße 35, firstname.lastname@example.org
I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following services(*):
Goods ordered on___________________________________________________________________
Goods were recieved on __________________________________________________________________
Name of consumer(s)__________________________________________________________
Address of the consumer(s)__________________________________________________________
Signature of consumer(s) ______________________________
Place and date
* Please cross out what is not applicable.