I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you have with us as a provider (freizeitschmiede GmbH & Co. KG) Via the WWW website.freizeitschmiede. Unless otherwise agreed, the inclusion of your own conditions you use may object.
(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is completed.
§ 2 Create of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online goods basket system on the conditions specified in the article description.
(3) The contract is concluded via the online goods basket system as follows:
Which intended to buy are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Cash" page and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.
Insofar as you use an immediate payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the immediate number system.
If there is forwarding to the respective instant number, make the corresponding selection or enter your data. Finally, the order data is displayed as an order overview on the provider of the immediate number of immediately or after you have been led back to our online shop.
Before sending the order, you have the option of checking the information in the order overview again, changing (also via the "Back" function "of the Internet browser) or canceling the order.
By submitting the order via the corresponding button ("order payment subject to payment" or similar designation), you can legally bindly explain the acceptance of the offer, which means that the contract is concluded.
(4) Your inquiries about creating an offer are non -binding for you. We submit a binding offer in text form (e.g. by email), which you can accept within 5 days (if no other period is shown in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special agreements on offered payment methods
(1) Credit check
If we make advance payments, e.g. when paying on account or direct debit, your data will be used to safeguard our legitimate interests for the purpose of the credit check on the basis of mathematical-statistical procedures Tesch Mediafinanz GmbH, White width 5, 49084 Osnabrück, passed on. We reserve the right to refuse the payment method on account or direct debit as a result of the credit check.
(2) Payment via Klarna
In cooperation with Klarna Bank (publ), SVAVAUSES 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from sending the goods/ the ticket/ or, for other services, the provision of the service. You can find the complete accounting conditions for the countries in which this payment method is available here: Germany.
- Incitional purchase: With Klarna's financing service, you can pay your purchase in fixed or flexible monthly installments on the conditions specified in the cash register. The payment payment is due at the end of the month after a monthly bill by Klarna. Further information on installment purchase including the general terms and conditions and the European standard information for consumer loans for the countries where this payment type is available can be found here (only available in the countries specified): Germany.
Instant bank transfer: Available in Germany. Your account is burdened immediately after the order is submitted.
- Debit charge: The debit takes place after the goods are sent. You will be informed of the time by email.
- Credit card (Visa/MasterCard): Available in Germany. After sending the goods or tickets / availability of the service or in the event of a subscription according to the communicated times.
You can find more information about Klarna here. You can find the Klarna app here.
§ 4 right of retention, Retention of title
(1) You can only exercise a right of retention, insofar as it is claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3)If you are an entrepreneur, the following applies in addition:
a) We reserve ownership of the goods until all demands from the ongoing business relationship. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you are already entering all claims in the amount of the invoice amount that grows from resale to us, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.
c) If the reserved goods are connected and mixed, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.
§ 5 warranty
(1) There are legal liability rights.
(2)As a consumer, you are asked to immediately check the matter for completeness, obvious defects and transport damage and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.
(3) If you are an entrepreneur, deviating from the above warranty regulations:
a)Only our own information and product description of the manufacturer are considered agreed as the nature of the matter, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide guarantee by rectification or delivery. If the deficiency has failed, you can request a reduction or withdraw from the contract after your election. After unsuccessful second attempt, the elimination of defects is considered failed if something else does not result from the type of thing or the lack or the other circumstances. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c)The warranty period is one year from date of delivery. The shortening of the deadline does not apply:
- Damage from the violation of life, body or health and health caused by us and in the event of intentionally or gross negligent other damage;
- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;
- in the case of things that have been used for a building according to their usual use and whose deficiency have caused;
- In the event of statutory recourse claims that you have in connection with defects.
§ 6 Legal choice, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the habitual residence of the consumer is not withdrawn (principle of benefits).
(2) The place of performance for all services from the business relationships and the place of jurisdiction with us is our seat, insofar as you are not a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.
(3)The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
freizeitschmiede GmbH & Co. KG
Telephone: 02261 9939353
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), called up at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "Statement of the Treaty" of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full contract text. Before sending the order Via the online shopping cart system the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. For offer inquiries outside the online goods basket system, you will receive all contract data sent in text form as part of a binding offer, e.g. by email, which you can print out or secure electronically.
4. Behavioral codes
4.1. We have submitted to the buyers seal quality criteria of the dealer association Management AG, visible at:https://www.haendlerbund.de/de/downloads/Kaeuferiegel/Kaeuferliegelzertifizierungskriterien.pdf.
5. Essential features of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.
6.2. The shipping costs are not included in the purchase price. You can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping free delivery is agreed.
6.3. If the delivery is carried out to countries outside the European Union, we may incur additional costs, such as tariffs, taxes or transmission fees (transfer or exchange rate fees of the credit institutions) that are to be borne by you.
6.4. Incurred costs of the transmission of money(Transfer or exchange rate fees of the credit institutions)must be borne in cases in which delivery to an EU member state is carried out, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are consumers, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.
If you are an entrepreneur, the delivery and dispatch take place at your risk.
8. Statutory liability law
The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).
These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/de/services/Legal certainty/terms and conditions service.
last update: 27.10.2020