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Conditions of Use
General terms and conditions of business
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Indemnification in the event of violation of third party rights
9. Redeeming promotional vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information on online dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "Dreibrodt GbR" (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") enters into with the seller regarding the information presented by the seller in his online shop goods completes. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
1.3. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The product representations contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.
2.2. The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email or post.
2.3. The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4. If you select the payment method “PayPal Express”, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.
2.5. When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6. Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can continuously correct his entries using the usual keyboard and mouse functions before the order is bindingly submitted as part of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7. Only the German language is available for concluding the contract.
2.8. Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1. Consumers generally have a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4. Prices and payment terms
4.1. Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2. Various payment options are available to the customer, which are specified in the seller's online shop.
4.3. If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed otherwise.
4.4. If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, requires that the customer opens a PayPal account or already has such an account.
5. Delivery and shipping conditions
5.1. Goods are regularly delivered via shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's checkout process is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2. For goods that are delivered by a freight forwarder, delivery is made "free curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.4. In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.5. Vouchers are provided to the customer as follows:
by email
via download
by post
6. Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
7.1. If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8. Indemnification in the event of violation of third party rights
If, according to the content of the contract, in addition to the delivery of the goods, the seller is also responsible for processing the goods according to the customer's specific specifications, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the appropriate costs of the necessary legal defense including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.
9. Redeeming promotional vouchers
9.1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.4. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
9.5. Only one promotional voucher can be redeemed per order.
9.6. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference
9.8. The balance of a promotional voucher will neither be paid out in cash nor interest.
9.9. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10. The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10. Applicable Law
10.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10.2. Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
11. Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
12. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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