General terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of revocation
6. retention of title
7. liability for defects
9. applicable law
10. place of jurisdiction
11. information on online dispute resolution
1. Scope of application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of the "Decision-Computer Juergen Merz e.K." are (hereinafter referred to as "Seller") shall apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose which is predominantly neither commercial nor self-employed.
1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First the customer puts the selected goods into the shopping cart. In the subsequent step, the ordering process begins, in which all data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirmation of this order and contract data by clicking on the button completing the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3 The seller accepts the offer of the customer by the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
- Request for payment to the customer after placing the order
- Delivery of the ordered goods
- The date of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes the rejection of the offer. The customer is then no longer bound to his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The customer can view the general terms and conditions at any time on this page. The order data, the revocation instruction as well as the AGB are sent to the customer by email. After completion of the order, the contract text is no longer visible to the customer online.
2.5 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and can be corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
2.6 The contract language shall be German.
2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. prices and payment conditions
3.1 The indicated prices are final prices including the legal value added tax, if nothing else is agreed upon.
If additional forwarding expenses result, this is to be taken from the product description.
3.2 If delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is recommended to inquire about the details at the respective institutions or authorities before ordering.
3.3 The customer can select the payment methods available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract unless otherwise agreed.
3.6 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 10 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the invoice purchase in the event of a negative credit check. Other methods of payment are at the buyer's discretion.
4. Terms of delivery and shipping
4.1 The delivery of goods by dispatch shall be made to the following address the delivery address indicated by the customer. Notwithstanding this, in the case of payment by PayPal, the delivery address deposited with PayPal by the customer at the time of payment is decisive.
4.2 If the seller incurs additional costs due to the indication of a wrong delivery address or a wrong addressee or other circumstances which lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect indication or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this regulation are the costs of sending if the customer has exercised his right of revocation effectively. Here it remains with the legal or the regulation met by the salesman.
4.3 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall not take place until the goods have been handed over to the customer or a person authorized to receive the goods.
In deviation from this, the transfer of risk shall also take place for consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or other person or institution designated to carry out the shipment to carry out the shipment itself and the seller has not previously named this person or institution to the customer.
4.4 The conclusion of the contract shall be subject to the reservation that in the event of improper, delayed or non-delivery to us by our suppliers, we shall not be obliged to perform at all or only partially or correspondingly later. This shall only apply if there is a congruent hedging transaction between the Seller and the Supplier, if the Seller is not responsible for the improper, delayed or non-delivery of goods to the Seller and if the Seller is unable to remedy the defect with reasonable effort. In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be promptly reimbursed.
4.5 If collection by the customer has been agreed, the seller shall inform the customer that the goods ordered by the customer are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the seller, collect the goods at the seller's registered office or at an agreed location. In this case there will be no shipping costs.
5. right of withdrawal
5.1 If the customer is a consumer, he shall in principle have a right of revocation.
5.2 The right of withdrawal is subject to the seller's cancellation policy.
6. retention of title
6.1 In contracts with consumers, the goods remain the property of the seller until full payment has been made.
6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business.
The customer assigns in advance to the seller the claims against third parties arising from the resale in the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the reserved goods were resold without or after their processing. The customer may collect claims even after the assignment, but this does not affect the seller's right to collect the claims himself. The Seller shall, however, refrain from collecting the claims as long as the Customer meets its payment obligations towards the Seller, does not default in payment and no petition for the opening of insolvency proceedings has been filed against the Customer.
7. Liability for defects
With regard to warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the rights and claims for used goods because of defects are fundamentally excluded;
- the limitation period does not begin again, even if within the scope of liability for defects a replacement delivery has been made.
7.2 If the customer acts as a consumer, the following clause applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be claimed within the statutory period of limitation.
7.3. The aforementioned limitations of liability and shortening of the limitation period < br> shall not apply < br> < br> < ul> < li> to items which have been used for a building in accordance with their usual use and have caused its defectiveness,
7.4 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and complaint pursuant to § 377 of the German Commercial Code (HGB).
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the legal or contractual claims for defects of the customer are not affected if the customer does not comply with this request.
The Seller's liability under all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable for damages resulting from intentional or grossly negligent conduct without limitation.
The Seller shall also be liable for slight negligence in the event of injury to life, limb and health and breach of essential contractual obligations (cardinal obligations).
An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely.
The seller is also liable, as regulated above, on the basis of a guarantee promise, unless otherwise regulated.
This also applies to indirect consequential damages such as in particular lost profit and for mandatory liability such as under the Product Liability Act.
8.2 Liability shall be limited - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - to the damage typically foreseeable at the time of conclusion of the contract and shall otherwise be limited in amount to the average damage typical of the contract. This also applies to indirect consequential damages such as in particular lost profit.
8.3 Any further liability on the part of the seller is excluded.
8.4 The above liability provisions shall also apply analogously in favour of the Seller's employees and vicarious agents.
9. applicable law
The laws of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer as a consumer has his habitual residence, remain unaffected.
10. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the professional or commercial activity of the customer.
However, in the aforementioned cases, the seller is also entitled to call the court at the customer's place of business.
11. online dispute resolution information
The EU Commission's platform for online dispute resolution can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.