General terms and conditions
1. GENERAL AND SCOPE
The following general terms and conditions apply to all transactions between DIMACCI GmbH, Orangeriestrasse. 5, 40213 Düsseldorf, Tel.: +49 (0)211 550 497 0, Fax: +49 (0)211 550 497 27, info@dimacci.de (Operator of the online shop www.dimacci.com -hereinafter "Seller") and the buyer concluded contracts for the delivery of goods by means of distance selling at dimacci.com. The seller does not recognize any conditions of the buyer that conflict with or deviate from these general terms and conditions and hereby expressly contradicts them. Differing general terms and conditions of the buyer, supplementary agreements and/or additional agreements are only valid if the seller expressly agrees in text form. The legal provisions regarding the priority of individual agreements remain unaffected by this.
These General Terms and Conditions sometimes contain different regulations for consumers and entrepreneurs.
Consumer According to Section 13 of the German Civil Code (BGB), any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.
Entrepreneur is, in accordance with Section 14 of the German Civil Code (BGB), a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and incur liabilities.
2. OFFER AND CONCLUSION OF CONTRACT
2.1. The seller's offers at dimacci.com are non-binding catalog offers. The buyer can place one or more goods in the virtual shopping cart. From there, you can go to the checkout process by clicking on the “Checkout” button. After entering the personal information required for the order and the other information necessary to carry out the order, the buyer submits a binding order offer to purchase the respective goods by clicking on the “Order with obligation to pay” field as the final step of the ordering process. The buyer has the opportunity to check his entries again and, if necessary, change them before finally clicking on the “Order with obligation to pay” field. To do this, by clicking on each of the 6 ordering steps shown in summary, you can go to the corresponding order processing page and change the relevant information there.
2.2. Once the buyer has completed the ordering process, the seller will immediately confirm receipt of the order by email. This confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of the goods by the seller. The order confirmation will be sent to the buyer by email. If the buyer receives neither an order confirmation nor a delivery within 3 days, he is no longer bound to his order.
3. PRICES
3.1. The seller's stated prices for delivery within Germany include the applicable statutory VAT, e.g. Time 19%, ex works.
3.2. When shipping the goods, the stated shipping costs also apply. These are available by clicking on the “plus shipping costs” link in the respective offer as well as under the heading Shipping and delivery available.
4. DELIVERY
4.1. The delivery time can be found in the respective product information. Please also note the information in section 9g.
4.2. The seller is entitled to make partial deliveries as long as this is reasonable for the buyer. For consumers, this only applies if their interest in the entire contract has not been lost due to the partial delay or partial delivery. In the event of a dispute, the burden of proof for this as well as for reasonableness lies with the seller. For partial deliveries, additional shipping costs only apply if this has been expressly agreed. A partial delivery within the meaning of these conditions is always only the delivery of an order in several partial shipments/pieces. The seller is not entitled to other partial services without prior express agreement with the buyer.
4.3. If the buyer is a consumer, the seller bears the shipping risk in any case, regardless of the shipping method, unless the buyer has commissioned the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment without the seller having previously named this person or institution.
4.4. If the buyer is an entrepreneur, all risks and dangers of shipping are transferred to the buyer as soon as the goods have been handed over by the seller to the appointed logistics partner.
5. PAYMENT TERMS
5.1. Various payment methods are available to the buyer. With the payment methods advance payment, PayPal and credit card, payment is due immediately upon conclusion of the contract.
5.2. You can see the costs that may arise from a specific payment method in the payment methods overview.
6. WARRANTY / LIABILITY
6.1. With regard to liability for material defects (warranty), the statutory provisions apply. The buyer has a statutory right to liability for material defects.
6.2. The following applies to contracts with entrepreneurs or legal entities under public law:
a. The buyer's claims for material defects expire 12 months after the transfer of risk.
b. Obvious defects must be reported within 14 days, otherwise they are considered approved. Shortages must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the buyer has the right to deviate from section b. to comply with the obligations of Section 377 of the German Commercial Code (HGB), i.e. to inspect the goods immediately after delivery by the seller, to the extent that this is possible in the normal course of business, and, if a defect or a shortfall becomes apparent, to notify the seller immediately. If notification is omitted or delayed, i.e. not reported immediately, the goods are deemed to have been approved. Hidden defects must be reported immediately after they are discovered, otherwise they will also be deemed approved if they are not reported or are reported late.
d. If there is a defect in the purchased item, the seller is entitled, at his discretion, to subsequent performance in the form of repair or delivery of an item free of defects. The buyer must grant the seller a reasonable period of time, varying depending on the actual circumstances of the individual case, but not less than 7 days, for supplementary performance. The seller must bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs. In the case of supplementary performance, the seller will only bear the necessary expenses up to the amount of the purchase price.
e. If the repair fails within the meaning of Section 440 of the German Civil Code (BGB), the buyer can, at his discretion, request withdrawal or a reduction in price.
G. Further claims by the buyer, in particular due to consequential damage caused by defects, are fundamentally excluded. This does not affect unlimited liability for damages resulting from injury to life, body or health as well as other damages that are based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. Unlimited liability also applies in the event of a breach of cardinal contractual obligations, i.e. those contractual obligations on whose fulfillment the buyer trusts and may rely. Otherwise, liability is limited to the damage typically incurred in the commercial transactions on which these General Terms and Conditions are based.
h. Liability under the Product Liability Act remains unaffected.
i. The statutory limitation period within the scope of a delivery recourse according to §§ 478,479 BGB remains unaffected.
7. RETENTION OF TITLE
The delivered goods remain the property of the seller until the purchase price has been paid in full.
8. CANCELLATION INSTRUCTIONS FOR CONSUMERS (§ 13 BGB)
8.1. Consumers (see section 1 above) have the following right of withdrawal.
RIGHT OF CANCELLATION / CANCELLATION INSTRUCTIONS
Consumers have the following statutory right of withdrawal.
CANCELLATION POLICY
You have the right to cancel this contract within fourteen days without giving any reasons. 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 last goods.
In order to exercise your right of withdrawal, you must contact us, DIMACCI GmbH, Orangeriestr. 5, 40213 Düsseldorf, Tel.: +49 (0)211 550 497 0, Fax: +49 (0)211 550 497 27, info@dimacci.de (Operator of the online shop www.dimacci.com) inform you of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF CANCELLATION
If you revoke this contract, we must repay to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF CANCELLATION POLICY
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- DIMACCI GmbH, Orangeriestrasse. 5, 40213 Düsseldorf, info@dimacci.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only for paper notification)
-Date
_______________
(*) Delete what is not applicable.
8.2. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which 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 CONTRACTS AND CUSTOMER INFORMATION FOR ELECTRONIC COMMERCIAL CONTRACTS
a, We are not subject to any special codes of conduct.
b) You can check any transmission or input errors and, if necessary, change or delete them by clicking on each of the 6 ordering steps and retrieving the data stored there before completing your order.
c) The buyer can find out the essential characteristics of the goods offered by the seller as well as the period of validity of limited offers from the individual product descriptions on the Internet offer.
d) The language available for concluding the contract is exclusively German.
e, complaints and warranty claims can be made by the buyer at the address specified in the provider identification, by fax or email info@dimacci.de put forward.
f) The buyer can save the contract text to his computer by right-clicking on his browser or print it out using the print function of his browser. The contract text (consisting of the order data and the general terms and conditions) is also saved by the seller and sent to the buyer by email after the contract has been concluded.
For security reasons, the buyer, as a non-registered customer, can no longer view the order data via the Internet after the purchase has been completed. Buyers who are registered customers have the opportunity to view their previous orders under the menu item “My User Account” and there under “My Orders”.
g) The buyer can find information about payment and payment methods, delivery or fulfillment in the respective offer. The buyer can also find further information under the heading Shipping and delivery[MB2] . If payment is made in advance, the delivery period begins on the day following the buyer's payment instruction; for all other payment methods, it begins with the buyer's order. If the last day of the deadline falls on a Sunday or public holiday, the following working day replaces the end of the deadline.
h) Complaint procedure via the OS platform: Consumers have the opportunity to resolve disputes out of court via 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 as well as to the respective terms and conditions. The application of UN Convention on Contracts for the International Sale of Goods is excluded.
If the buyer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the buyer's country of residence remain unaffected by this agreement.
10.2. The exclusive place of jurisdiction is the court of the seller's place of business if the buyer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. The seller also has the right to sue at the buyer's registered office.
10.3. If individual provisions of this contract are not legally valid in whole or in part or later lose their legal validity, the validity of the rest of the contract will not be affected. The statutory regulation takes the place of the invalid provision.