The following terms and conditions apply to all between Dimacci GmbH, Orangeriestr. 5, 40213 Dusseldorf, Tel.: +49 (0) 211 550 497 0, Fax: +49 (0) 211 550 497 27,email@example.com(Operator of the online shopwww.dimacci.com- the following "seller") and the buyer concluded contracts for the delivery of goods in the way of distance selling at Dimacci.com. Conflicting or deviating from these terms and conditions of the buyer does not recognize the seller and hereby expressly contradicts. Deviating terms and conditions of the buyer, complementary agreements and / or side agreements are only valid if the seller is expressly and in text form. The statutory provisions for priority to the individual agreement remain unaffected.
In these terms and conditions, partly different regulations for consumers and entrepreneurs are made.
consumerIn accordance with § 13 BGB, every natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither its commercial nor its independent professional activity.
Entrepreneuris according to § 14 BGB a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. A legal partnership is a partnership that is equipped with the ability to acquire rights and to enter liabilities.
2. Offer and contract
2.1. The offers of the seller at Dimacci.com are non-binding catalog offers. The buyer can put one or more goods in the virtual shopping cart. From there he reaches by clicking on the button "Checkout" in the checkout. After entering the personal information necessary for the order and the other information necessary for the ordering of the order, the buyer gives a binding order offer for the purchase of the product by clicking on the field "order to be ordered" as the last step of the order process. The buyer has the opportunity to review his entries before the final click on the field "order payment" again and to change optionally. For this purpose, it can be obtained by clicking on the respective order steps shown in summary steps to the corresponding page of the order processing and change the respective information there.
2.2. If the buyer completed the order process, the seller confirms the receipt of the order immediately by e-mail. This confirmation of access is not yet a binding acceptance of the order. The purchase contract comes with the order confirmation or delivery of goods by the seller. The order confirmation will be sent to the buyer by e-mail. If the buyer will not receive an order confirmation or delivery within 3 days, he is no longer bound to his order.
3.1. The specified prices of the seller are excluded upon delivery within Germany including the applicable Value VAT, e.g. Time 19%, ex works. 3.2. Sending the goods also include the reported shipping costs. These are by clicking the link "plus. Shipping costs "at the respective offer as well as under the categoryShipping and deliveryretrievable.
4.1. The delivery time can be found in the respective product information. Please also note the instructions in paragraph 9g. 4.2. The seller is entitled to partial delivery, as far as this is reasonable for the buyer. For consumers, this also applies only if not by the partial delay or the partial delivery his interest in the entire contract has continued. The burden of proof as well as for the reasonableness is in the dispute with the seller. For partial deliveries, additional shipping costs only if this has been expressly agreed. As partial delivery within the meaning of these conditions, only the delivery of an order in several partitions / pieces applies. For other partial services, the seller is not entitled to the buyer without prior explicit agreement with the buyer. 4.3. If the buyer is consumer, the seller bears the shipping risk, regardless of the shipping method, the shipping risk, unless the buyer has commissioned the freight forwarder, the carrier or the otherwise to execute the dispatch certain person or institution with the execution, without him the Seller previously called this person or institution. 4.4. If the buyer is entrepreneur, all risks and dangers of shipment go to the buyer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
5. Terms of payment
5.1. The buyer offers different payment methods available. For payment methods Payment in advance, PayPal and credit card, the payment is due immediately upon conclusion of the contract.
5.2. The costs incurred by a certain payment method can be found in the overview of payment methods.
6. Warranty / liability
6.1. With regard to material defect liability (warranty), the statutory provisions apply. The buyer is a legal improper liability law.
6.2. For contracts with entrepreneurs or legal persons of public law, the following applies: a. The material defect claims of the buyer expire 12 months after transfer of risk. b. Obvious defects must be displayed within a period of 14 days, otherwise they are considered approved. Memorable amounts are to be communicated within 4 days. c. Is the business for both sides a trading business, the buyer has deviating from paragraph b. To comply with the obligations of § 377 HGB, so the goods immediately after delivery by the seller, as far as this is subject to a proper business transaction and, if a defect or a shortfall shows, to make the seller immediately ad. In the case of failure or late, i. Not immediate, advertisement, the goods shall be deemed approved. Hidden defects must be notified immediately after their discovery, otherwise they shall also be deemed approved in the failed or delayed ad. d. In the case of a lack of the purchased item, the seller is entitled according to his election to supplementary performance in the form of repair or the delivery of a defect-free item. The buyer has a reasonable deadline for the seller, varying after the actual circumstances of the individual case, but not under 7 days to give for the supplementary performance. The seller has to bear the expenses required for the purpose of supplementary performance, in particular transport, ways, work and material costs. In the case of supplementary performance, the seller bears the necessary expenses only up to the amount of the purchase price. e. If the repair fails within the meaning of § 440 BGB, the buyer can request withdraw or reduction after his choice. G. Further claims of the buyer, in particular due to consequential damages, are basically excluded. Unaffected, unlimited liability for damages arising from the violation of life, body or health, as well as other damages, which are based on a negligent or grossly negligent breach of duty of the seller or an intentional or negligent breach of duty of a legal representative or vicarious agent. The unlimited liability also applies to the violation of contractual cardinal obligations, ie such contractual obligations, which the buyer is trusted and trusted. Incidentally, liability is limited to the damage underlying the trade transactions underlying these terms and conditions. H. Liability according to the Product Liability Act remains unaffected. i. The statutory limitation period within the framework of a delivery regression according to §§ 478.479 BGB remains unaffected.
7. Retention of title
The delivered goods remain the property of the seller until full payment of the purchase price.
8. Cancellation policy for consumers (§ 13 BGB)
8.1. Consumers (see point 1 above) have the following right of revocation.
Right of withdrawal / cancellation policy
Consumers have the following statutory right of withdrawal.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken the last goods owned.
To exercise your right of withdrawal, you must, Dimacci GmbH, Orangeriestr. 5, 40213 Dusseldorf, Tel.: +49 (0) 211 550 497 0, Fax: +49 (0) 211 550 497 27,firstname.lastname@example.org(Operator of the online shopwww.dimacci.com) By means of a clear explanation (e.g., a letter sent by post, fax or e-mail) to revoke your decision to revoke this contract. You can use the attached pattern revocation form, which is not prescribed. To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.
Consequences of the revocation
If you revoke this contract, we have all the payments we received from you, including the delivery costs (except for the additional costs arising from it, that you choose a different type of delivery than the cheapest standard delivery we offered by us have), immediately and at the latest within fourteen days from the day, to which the notification of their revocation of this contract has been received by us. For this repayment, we use the same means of payment, which they have used in the original transaction, unless we have expressly agreed otherwise with them; In no case will you charge charges due to this repayment. We can refuse the repayment until we have retained the goods or until they have provided proof that they have returned the goods, depending on which the earlier date is.
You have the goods immediately and in any case at the latest within fourteen days from the date to which you teach us about the revocation of this contract, to us back to us. The deadline is preserved if you send the goods before the deadline of fourteen days.
They carry the immediate costs of the return of goods ..
You have to pay for any loss of value of the goods only if this value loss is due to a handling of the goods to check the quality, properties and functioning of the goods.
End of revocation
Pattern revocation form
(If you want to revoke the contract, please fill in this form and send it back.)
- I hereby include (n) I / we (*) the contract concluded by me / us (*) on the purchase of the following goods (*) / the provision of the following service (*)
-Parted AM (*) / get AM (*)
-Name of the consumer (s)
Address of the consumer (s)
- Signature of the consumer (S) (only for message on paper)
(*) Strike inappropriate.
8.2. The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for their production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
9. Information for consumers for distance contract contracts and customer information for contracts in electronic commerce
A, we are not subject to special behavioral codes. b) You can check any transmission or input errors by clicking on the respective of 6 order steps and retrieving the data deposited there before completing your order and optionally change or delete.
c) The key features of the goods offered by the seller as well as the period of validity of temporary offers can be found by the buyer of the individual product descriptions within the framework of the Internet offer. d) The language available for the contract is exclusively German.
E, complaints and warranty claims can be used by the buyer under the address specified in the provider identification, by fax or email@example.com. f) The contracting text can save the buyer to his computer by clicking on the right mouse button of its browser or print over the print function of its browser. The contract text (consisting of the order data and the terms and conditions) is also stored by the seller and sent to the buyer by e-mail after conclusion of the contract. About the Internet, the buyer as unregistered customer can no longer see the ordering data for safety reasons after completion of the customer. Buyers who are registered customers have the opportunity to view their previous orders under the menu item "My Account" and there at "My Orders". g) Information on payment and payment methods, delivery or fulfillment can take the buyer to the respective offer. In addition, the buyer finds further information under the headingShipping and delivery[MB2]. The delivery period begins with payment in advance with the day following the payment assignment of the buyer, with all other payment methods with its order. If the last day of the deadline falls to a Sunday or public holiday, the following working day occurs at the time of the time limit. h) Complaints procedure on the OS platform: Consumers have the opportunity to bring about an extrajudicial dispute resolution in dispute over this link to the European OS platform.
10. Final provisions, other
10.1. The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the buyer and to the respective terms and conditions. The use of UN sales law is excluded. If the buyer is consumer, the applicable legislative regulations and rights of this Agreement remain unaffected in accordance with the right of the country of residence of the buyer in favor of the consumer.
10.2. The exclusive place of jurisdiction is the court of the Seller's area of directors as far as the buyer is a merchant within the meaning of the HGB or a public corporation. The seller has the right to sue at the registered office of the buyer. 10.3. Should individual provisions of this contract be in whole or in part not being legally valid or lose their legal validity later, the validity of the contract is otherwise not affected. Instead of the ineffective provision, the statutory regulation occurs.
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