General Terms and conditions
1. General and scope
The following general terms and conditions apply to all between DIMACCI GmbH, Orangeriestr. 5, 40213 Düsseldorf, Tel .: +49 (0) 211 550 497 0, Fax: +49 (0) 211 550 497 27, firstname.lastname@example.org (Operator of the online shop www.dimacci.com - hereinafter "seller") and the buyer concluded contracts for the delivery of goods by way of distance selling at dimacci.com. The seller does not recognize any conditions of the buyer that contradict or deviate from these general terms and conditions and hereby expressly contradicts them. Deviating general terms and conditions of the buyer, supplementary agreements and / or side agreements are only valid if the seller expressly agrees in writing. The legal provisions on the priority of the individual agreement remain unaffected.
In these terms and conditions, different regulations are sometimes made for consumers and businesses.
consumer Pursuant to Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Entrepreneur is according to § 14 BGB a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
2. Offer and conclusion of contract
2.1. The offers of the seller at dimacci.com are non-binding catalog offers. The buyer can place one or more goods in the virtual shopping cart. From there he goes to the checkout process by clicking the “Checkout” button. After entering the personal information required for the order and the other information required to carry out the order, the buyer submits a binding order offer for the purchase of the respective goods as the last step of the order process by clicking on the "Order with obligation to pay" field. The buyer has the opportunity to check his entries again before finally clicking on the "Order with obligation to pay" field and to change them if necessary. To do this, he can click on the respective order steps shown in summary form on the corresponding page of the order processing and change the respective 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 yet represent 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 neither receives an order confirmation nor a delivery within 3 days, he is no longer bound to his order.
3.1. For delivery within Germany, the prices quoted by the seller include the applicable statutory value added tax, e.g. Time 19%, ex works.
3.2. When shipping the goods, the shipping costs shown also apply. These are available by clicking on the link “plus Shipping costs ”in the respective offer as well as under the heading Shipping and delivery accessible.
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 insofar as this is reasonable for the buyer. In the case of consumers, this only applies if their interest in the entire contract has not ceased due to the partial delay or the partial delivery. The burden of proof for this as well as for the reasonableness lies with the seller in the event of a dispute. In the case of partial deliveries, additional shipping costs are only incurred 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 carrier or the person or institution otherwise appointed to carry out the shipment with the execution without the Seller has previously named this person or institution.
4.4. If the buyer is an entrepreneur, all risks and dangers of the shipment are transferred to the buyer as soon as the goods have been handed over by the seller to the contracted logistics partner.
5. terms of payment
5.1. Various payment methods are available to the buyer. With the payment methods prepayment, PayPal and credit card, payment is due immediately upon conclusion of the contract.
5.2. The costs that may arise from a certain payment method can be found in the overview of payment methods.
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 become statute-barred 12 months after the transfer of risk.
b. Obvious defects are to be reported within a period of 14 days, otherwise they are considered approved. Shortages are to be reported within 4 days.
c. If the transaction is a commercial transaction for both sides, the buyer has, contrary to section b. To comply with the obligations of Section 377 of the German Commercial Code (HGB), i.e. to examine the goods immediately after delivery by the seller, insofar as this is feasible in the normal course of business, and to notify the seller immediately if a defect or shortage is found. If the notification is omitted or delayed, ie not immediately, the goods are considered approved. Hidden defects are to be reported immediately after their discovery, otherwise these are also considered approved if the notification is omitted or not reported late.
d. In the event of a defect in the purchased item, the seller is entitled, at his option, to supplementary performance in the form of subsequent improvement or delivery of a defect-free item. The buyer has to grant the seller a reasonable period of time, depending on the actual circumstances of the individual case, but not less than 7 days, for the supplementary performance. The seller has to bear the expenses necessary for the purpose of the supplementary performance, in particular transport, travel, labor and material costs. In the case of supplementary performance, the seller only bears the necessary expenses up to the amount of the purchase price.
e. If the rework fails in the sense of § 440 BGB, the buyer can choose to withdraw from the contract or request 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 the unlimited liability for damage to life, limb or health as well as other damage 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. such contractual obligations on the fulfillment of which the buyer trusts and may trust. In addition, liability is limited to the damage typically occurring in the commercial transactions on which these terms and conditions are based.
H. Liability under the Product Liability Act remains unaffected.
i. The statutory limitation period in the context 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 policy for consumers (§ 13 BGB)
8.1. Consumers (see point 1 above) have the following right of withdrawal.
Right of withdrawal / cancellation policy
Consumers have the following statutory right of withdrawal.
You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period is fourteen days from the date, who have taken the final goods in possession to buy or indicated by you third party other than the carrier or has.
In order to exercise your right of withdrawal, you must inform us, DIMACCI GmbH, Orangeriestr. 5, 40213 Düsseldorf, Tel .: +49 (0) 211 550 497 0, Fax: +49 (0) 211 550 497 27, email@example.com (Operator of the online shop www.dimacci.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal
Refund Request Form Template
(If you wish to withdraw from the contract, please fill out and return this form)
- DIMACCI GmbH, Orangeriestr. 5, 40213 Düsseldorf, firstname.lastname@example.org
- 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 / consumer (s) (only with message on paper)
(*) Delete where not applicable.
8.2. The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture 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 in distance sales contracts and customer information in contracts in electronic business transactions
a, We are not subject to any special codes of conduct.
b) You can check any transmission or input errors by clicking on the respective of the 6 order steps and calling up the data stored there before completing your order and, if necessary, change or delete them.
c) The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions on the website.
d) The language available for the conclusion of the contract is exclusively German.
e, complaints and warranty claims can be made by the buyer at the address given in the provider identification, by fax or email email@example.com mention.
f) The buyer can save the contract text by clicking the right mouse button on his browser on his computer or print it out using the print function of his browser. The contract text (consisting of the order data and the terms and conditions) is also saved by the seller and sent to the buyer by email after the contract is concluded.
As a non-registered customer, the buyer can no longer view the order data via the Internet for security reasons after the purchase has been completed. Buyers who are registered customers have the option of viewing their previous orders under the menu item "My user account" and there under "My orders".
g) Information on payment and payment methods, delivery or fulfillment can be found in the respective offer. In addition, the buyer can find further information under the heading Shipping and delivery[MB2]. In the case of payment in advance, the delivery period begins on the day following the buyer's payment order, and with the buyer's order for all other payment methods. If the last day of the period falls on a Sunday or public holiday, the following working day takes the place of the end of the period.
h) Complaints procedure via the OS platform: In the event of a dispute, consumers have the option of using this link to the European OS platform to bring about an out-of-court dispute settlement.
10. Final provisions, miscellaneous
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 application of UN sales law is excluded.
If the buyer is a consumer, the applicable statutory 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 HGB or a corporation under public law. The seller has the right to sue at the buyer's seat.
10.3. Should individual provisions of this contract not be legally effective in whole or in part or lose their legal effectiveness later, the validity of the rest of the contract will not be affected. The ineffective provision is replaced by the statutory regulation.