General Terms and Conditions with customer information
Table of contents
- Conclusion of the contract
- Right of cancellation
- Prices and terms of payment
- Delivery and shipping conditions.
- Property reserve.
- Warranty (liability for defects)
- Applicable law
- Competent jurisdiction
10.Alternative dispute resolution
1.1 Martin Groetsch e.K.’s terms and conditions (‘CG’)) apply to all contracts for the delivery of goods that a consumer or contractor (‘customer’) gets into with the seller with respect to the goods presented by the seller in his online shop. This shall not allow the customer’s own terms and conditions to be included, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are primarily neither his business or his independent professional activity. The contractor under these terms and conditions is a natural or legal person or partnership that acts in the context of a legal transaction in the course of its independent business or professional activity.
2) Contract conclusion
2.1 Product descriptions contained in the seller’s online store are not binding offers from the seller, but are used to submit a binding offer from the customer.
2.2 The customer can submit the offer via the online order form built in the seller’s online store. After placing the selected goods in the virtual basket and following the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the basket by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email or mail.
2.3 The seller may accept the customer’s offer within five days that is;
- by sending the customer a written order confirmation or order confirmation in the form of text (fax or email), the receipt of the order confirmation by the customer being decisive, or
- By delivering the goods ordered to the customer, the access of the goods to the customer being decisive or
- Asking the customer to pay after making his order.
If many of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The acceptance period begins the day after the customer sends the offer and ends at the end of the fifth day after the offer is submitted. If the seller does not accept the customer’s offer within the aforementioned time frame, this is considered a rejection of the offer, so that the customer is no longer bound by his statement of intent.
2.4 When submitting an offer via the seller’s online order form, the contract text is registered by the seller after the contract is concluded and sent to the customer in text form (e.g e-mail, fax or letter) after the order is sent. The seller will not make the text of the contract accessible beyond that. If the customer has created a user account in the seller’s online store before submitting the order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account, specifying the relevant login data.
2.5 Before the order is submitted through the seller’s online order form, the customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical way to better detect typing errors may be the browser zoom function, which is used to enlarge the display on the screen. Customers can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually done by e-mail and automated order processing. The customer must ensure that the email address provided by him for processing the order is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties mandated to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of retraction.
3.2 More information on the right of withdrawal is included in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any EU Member State at the time of the contract and whose only place of residence and delivery address are outside the European Union at the time of the contract.
4) Price and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices shown are total prices that include the legal value-added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the seller is not responsible and which are the responsibility of the customer. These include, for example, the cost of transferring money by credit institutions (e.g., transfer fees, exchange rates) or import duties or taxes (e.g. customs duties). These fees may also arise in connection with the transfer of money if the delivery is not made in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Payment options will be communicated to the customer in the seller’s online store.
4.4 If a prepayment has been agreed by bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed to a later maturity date.
If the customer does not have a PayPal account that subject to payment terms without a PayPal account, available on https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method is selected, the payment is processed by payment service provider SOFORT GmbH, Theresienh-he 12, 80339 Munich (‘SOFORT’). In order to be able to pay the amount of the invoice via ‘SOFORT’, the customer must have an activated online bank account to participate in ‘SOFORT’, legitimize accordingly during the payment process and confirm the payment instruction to ‘SOFORT’. The payment transaction is carried out immediately after by “SOFORT” and the customer’s bank account is debited. Customers can view more information about the payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If the direct debit payment method is selected via Stripe, the payment is processed by payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). In this case, Stripe will debit the amount of the bill from the customer’s bank account after the issuance of the SEPA debit mandate, but not before the expiry of the period for advance information. Preliminary information (“Pre-Notification”) in each message (e.g. invoice, policy, contract) to the customer who announces a SEPA levy. If the levy is not refunded due to insufficient funds in the account or due to the provision of an incorrect bank account or if the customer objects to the levy, although he is not authorized to do so, the customer must bear the costs resulting from the chargeback of the respective credit institution if he is responsible. The seller deserves the right to conduct a credit check when selecting the SEPA debit method and to refuse this method of payment if the credit check is negative.
4.8 If you choose the credit card payment method via Stripe, the amount of the invoice is due immediately at the conclusion of the contract. Payment is made through payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). Stripe reserves the right to conduct a credit check and refuse this method of payment if the credit check is negative.
5) Delivery and shipping conditions
5.1 The delivery of the goods takes place on the way to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address indicated in the processing of the seller’s order is decisive.
5.2 If the delivery of the goods fails for which the customer is responsible, the customer bears the reasonable costs incurred by the seller. This does not apply to delivery charges if the customer is actually exercising his right of withdrawal. If the customer does exercise his right to cancel, the return fee is governed by the rules set out in the seller’s cancellation policy.
5.3 In the event of self-collection, the seller first informs the customer by e-mail that the goods he ordered are ready to be collected. After receiving this email, the customer can pick up the goods at the seller’s headquarters in consultation with the seller. In this case, no delivery fee will be charged.
6) Property reserve
If the seller makes an advance payment, he reserves ownership of the goods delivered until the full payment of the purchase price is due.
7) Warranty (liability for defects)
7.1 If the purchased item is defective, the provisions of legal liability for defects apply.
7.2 The exemption applies to second-hand products: claims for defects are excluded if the defect occurs only one year after the delivery of the goods. Defects occurring within one year of the delivery of the goods can be found within the legal statute of limitations. However, the reduction in the liability period to one year does not apply in the following situations;
- For things that have been used for a building in accordance with their normal use and that have caused it to fail,
- For claims for damages and reimbursement of the customer’s expenses, as well as
- In case the seller maliciously concealed the defect.
7.3 The customer is asked to complain to the delivery agent of the delivered goods with obvious transport damage and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Applicable law
8.1 The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding laws on the international purchase of personal property. For consumers, this choice of law applies only to the extent that the protection afforded is not removed by the mandatory provisions of the law of the state in which the consumer has his or her usual residence.
8.2 Moreover, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of the contract and whose only place of residence and delivery address are outside the European Union at the time of the contract.
9) Competent jurisdiction
If the client acts as a trader, public legal entity or special public law fund headquartered in the territory of the Federal Republic of Germany, the exclusive forum for all disputes arising from this contract is the seller’s head office. If the client is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive forum for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the client. In the above cases, however, the seller has the right to refer the matter to the court at the client’s head office.
10) Alternative dispute resolution
10.1 The European Commission provides a platform for resolving online disputes on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is not required to participate in dispute resolution proceedings before a consumer arbitration board, but is generally willing to do so.