GTC
I. General Conditions of Sale (GTC)
1. Conclusion of contract, language, storage of the contract text:
Contracts can only be concluded in German. With the product presentation on the website, we are not making a binding offer to purchase the products. It is only an invitation to submit offers.
After you have clicked on the “Proceed to checkout” button in the shopping cart, the next step will take you to the order overview and enter your personal data. Here you can check your entries and change them if necessary. Only by clicking on the “Order with obligation to pay” button do you submit an offer to conclude a purchase contract (order) for the goods in the shopping cart plus the costs charged there.
We first confirm receipt of the order by email. The confirmation of receipt once again contains instructions about the deadlines within which and how you can cancel your order. This e-mail also contains the order text and these terms and conditions. The contract is not yet concluded, but only and only to the extent that we subsequently confirm the order or deliver the goods.
The data on which your contract declaration is based will be saved. These are displayed in a summarized form on the screen immediately after submitting your contract declaration. This summary can be printed out and saved. If you give us an email address, we will send an acknowledgment of receipt to this address.
Our address as your contractual partner is:
Cornelia Delius
Albrecht-Delius-Weg 3
33615 Bielefeld
HRA 13355, registry court Bielefeld
Phone: +49 521 / 69492
Fax: +49 521 / 67298
E-Mail: buero@dlius.de
2. Deliveries and shipping costs:
You have to pay the delivery costs. We calculate the following shipping costs:
Within Germany EUR 7.00 (from EUR 25.00 free delivery). We also deliver to many European countries - the shipping costs are to be paid by the customer. We will inform you of the shipping costs on request.
Please address your request to: Ms. Cornelia Delius, Albrecht-Delius-Weg 3, D-33615 Bielefeld, Phone: +49 521 / 69492, E-Mail: buero@delius.de. We ask for this request before your Order.
3. Delivery times:
Delivery times only start after payment. Delivery takes place within 2-4 working days (excluding Sundays and public holidays) after the payment order has been placed with the transferring bank (in the case of prepayment, bank transfer, credit card) or after conclusion of the contract in the case of cash on delivery or purchase on account.
4. VAT:
The statutory value added tax is included in our prices. It will be shown separately on the invoice at the statutory rate on the invoice date. Insofar as VAT does not apply to deliveries abroad, gross applies to net, i.e. there is no reduction in the purchase price by the VAT rate.
5. Payment:
Payment is made exclusively in advance, PayPal, credit card or on account.
6. Retention of title:The delivered goods remain our property until they have been paid for in full.
7. Part deliveries:We are entitled to make partial deliveries insofar as this is reasonable for you. You will not incur any additional shipping costs through partial deliveries.
8. Complaints and warranty:Complaints should be sent to the address given in Section 1. The statutory warranty for defects applies.
9. Data protection:Your data will only be used and processed within the framework of the applicable data protection laws. You have the right to free information, correction, blocking and, if necessary, deletion of your stored data at any time. Please contact us by e-mail, fax or post. You can find the contact details under the link Imprint. We do not pass on your personal data including your home address and your e-mail address to third parties without your express consent, which can be revoked at any time. This does not apply to our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the credit institute commissioned with the payment processing). In these cases, the handling of the transmitted data is limited to the necessary minimum.
II. Further conditions that only apply if you are an entrepreneur:
Entrepreneurs are natural or legal persons or legal partnerships who, when the order is placed, act in their commercial or independent professional activity.
1. Delivery time / delivery
1. Correct and timely delivery to us is reserved. We will inform you about delays immediately.
2. The following section 2 applies to claims for damages from delayed delivery.
2. Compensation for DamagesYou can assert claims for damages according to the statutory provisions without restriction if they are a) based on injury to life, body or health and they are caused by an intentional or negligent breach of duty by us, one of our legal representatives or vicarious agents or b) are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents or c) are based on the Product Liability Act or d) we have assumed a procurement risk or a guarantee and are therefore liable. If damage is based only on negligent breach of an essential contractual obligation (cardinal obligation) by us, our legal representatives or vicarious agents, we are also liable for damages, but limited in amount to the typically occurring and foreseeable damage.
Essential contractual obligations (cardinal obligations) within the meaning of the above regulations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which you can regularly rely. Furthermore, essential contractual obligations (cardinal obligations) are those whose violation endangers the achievement of the contractual purpose.
We are also liable insofar as claims for damages are usually covered by liability insurance.
The legal burden of proof remains.
Further claims for damages against us, our legal representatives and vicarious agents as well as vicarious agents are excluded, regardless of the legal basis.
3. Statute of limitations for claims for material defectsClaims by our contractual partner due to material defects become statute-barred after one year, unless
a) The goods delivered by us are items that have been used for a building in accordance with their normal use and which have caused the building's defectiveness or
b) it concerns claims for reimbursement of expenses according to § 479 BGB or
c) the defect is based on an intentional breach of duty by us or our legal representatives or our vicarious agents or
d) it concerns claims for damages, which can be asserted according to section 2.
In cases a) to d), the statutory limitation periods apply.
The statutory provisions on the suspension, expiry inhibition and the restart of the statute of limitations remain.
4. Retention of title1. We reserve title to all goods supplied by us (reserved goods) until the purchase price has been paid in full and until all of our claims from the business relationship have been paid.
2. You are entitled to further process and resell the goods in the ordinary course of business, as long as you are not in default with the fulfillment of your obligations or to stop your payments. The following applies in detail:
a) The processing or transformation of the reserved goods takes place for us as a manufacturer within the meaning of § 950 BGB, without obliging us. By processing or transforming the reserved goods, you do not acquire ownership of the new item in accordance with 950 BGB.
If the reserved goods are processed, mixed, blended or combined with other items, we acquire co-ownership of the new item in a proportion that corresponds to the ratio of the invoice value of our reserved goods to the total value.
The provisions applicable to the goods subject to retention of title shall apply accordingly to the co-ownership shares resulting from the above provisions.
b) You hereby enter the claims from the resale or other sales transactions such as B. Contracts for work and services with all ancillary rights to us, also proportionally insofar as the goods are processed, mixed or blended and we have acquired co-ownership of them in the amount of our invoice value or the goods are permanently installed. If the reserved goods are processed, mixed, blended or permanently installed, we are entitled to a fraction of the respective claim from the resale in relation to the invoice value of our reserved goods to the invoice value of the item.
If you sell the reserved goods together with other goods not supplied by us, you hereby assign to us a portion of the claim from the resale in the amount of the invoice value of our reserved goods.
If you have sold this claim as part of real factoring, you hereby assign to us the claim against the factor taking its place. If you place the claim from the resale in a current account relationship with your customer, you hereby assign your claims from the current account relationship to us in the amount of the invoice value of the reserved goods.
c) We hereby accept the above assignments.
d) You are entitled to collect the claims assigned to us until our revocation. The authorization to collect expires in the event of revocation, which occurs if you are in default of payment or cease payment. In this case we are authorized by you to inform the customer of the assignment and to collect the claim ourselves.
Upon request, you are obliged to give us an exact list of the claims to which you are entitled with the name and address of the customer, amount of the individual claims, invoice date, etc. and to provide us with all information and documents necessary for the assertion of the assigned claims and to review them To allow information.
e) Amounts that you receive from assigned claims must be kept separately for us until they are transferred to us. Pledging or assignments by way of security of the reserved goods or the assigned claims are not permitted. We are to be informed immediately of any attachments, specifying the attachment creditor.
3. If the value of the security to which we are entitled exceeds our total claim against you by more than 10%, we are obliged to release this upon your request.
4. You keep the reserved goods for us free of charge. You have to insure them against the usual risks such as fire, theft and water to the usual extent. You hereby assign your claims for compensation, which you are entitled to against insurance companies or other parties liable for compensation, to the amount of our claims. We accept the assignment.
5. Place of performance / place of jurisdiction1. The place of performance is our headquarters.
2. The place of jurisdiction is Bielefeld if you are a businessman. We are also entitled to make claims against you at your general place of jurisdiction.
6. Applicable Law
German law applies to the contractual relationship, excluding the uniform UN sales law (CISG).
7. Conditions of purchase
Your purchasing conditions do not apply, even if we do not expressly contradict these purchasing conditions again in our order confirmations.
Bielefeld, June 20, 2020