Contract terms in the context of purchase agreements, concluded between
Owner: Miroslaw Gustke
D - 42659 Solingen
- hereinafter called "Provider" -
the Customer mentioned in Art. 2 of the contract - hereinafter called "Customer".
Art. 1 Scope, Definitions
(1) The following General Terms and Conditions in the version valid at the time of the order exclusively apply to business relationship between the webshop provider (hereinafter called "Provider") and the customer (hereinafter called "Customer"). Any Customer terms varying from these shall not apply except if the Provider expressly approves these in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activities. On the other hand, entrepreneurs are natural persons or legal entities or legal partnerships acting in their capacity as a commercial or self-employed person or entity when concluding the contract.
Art. 2 Conclusion of contract
(1) The Customer may select products from the Provider's range of products, particularly knives and cutlery, and add them to the so-called shopping basket by clicking "Add to shopping basket". He submits a binding request to purchase the goods in the shopping basket via the button "Send order". The Customer can change and view the data at any time before sending the order. However, the request can only be submitted and transmitted if the Customer accepts these Terms and Conditions by clicking the button "Accept Terms and Conditions", thereby including them in his request.
(2) The Provider then sends an automatic confirmation of receipt to the Customer by email, in which the Customer's order is shown again, which the Customer can print out by pressing the "Print" function. This confirmation of receipt also contains the Instruction on Withdrawal (Art. 10). The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the order. A sales contract has only been agreed when we send the ordered goods to you or if we confirm the dispatch process to you by sending a second email (confirmation of dispatch). A sales contract does not exist for products from the same order, which are not shown in the order confirmation.
Art. 3 Delivery, Availability of goods
(1) If, at the time of the Customer order, the chosen products are not available, the Provider shall inform the Customer of this in the order confirmation. If the product cannot be delivered in the long term, the Provider does not send a declaration of acceptance. In such a case, no contract will be concluded.
(2) If the product named in the Customer order is not available temporarily, the Provider shall also inform the Customer of this immediately in the order confirmation. In the case of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Otherwise, in this case, the Provider is entitled to leave the contract. For this purpose, he shall immediately repay any payments made by the Customer.
Art. 4 Retention of title
The goods shall remain the Provider's property until full payment is received.
(2) The relevant delivery costs, which the Customer must pay, are shown during the online order on the one hand, and presented to the Customer in the order form on the other hand. A cash on delivery option is only available within Germany. We charge an additional fee of EUR 6.00 for delivery using the cash on delivery option.
|Delivery address in ...||Shipment costs |
|Free shipping if |
basket value exceeds EUR
|Belgien, Denmark, Frankreich, Italy, Luxemburg, Niederlande, Österreich, Polen, Czeck Republic|
|Bulgarien, Estonia, Finland, Griechenland, Hungary-Ungarn, Ireland, Latvia, Lithuania, Portugal, Schweden, Slovak Republic, Slovenia, Spanien, United Kingdom|
|Australien, Kanada, U.S.A|
(3) The goods are dispatch using insured postal delivery – DHL or DPD.
Art. 6 Payment options
(1) The Customer may make payments by credit card, advance transfer, paypal or payment on delivery. Payment on delivery is only available in Germany, Austria and Switzerland.
(2) The Customer may change the payment option saved in his user account at any time.
(3) Payment of the sales price is due immediately after the contract is concluded. If the payment is determined based on the calendar, the Customer shall have defaulted after missing the deadline. In this case, he shall pay the Provider default interest of 5 percent above the base rate.
(4) The Customer's obligation to pay default interest shall not affect the Provider's right to assert other default damages.
Art. 7 Warranty for defects, Guarantee
(1) The Provider is liable for defects according to the legal provisions applying to this, especially Section 434 ff of the Civil Code (BGB). In relation to entrepreneurs, the Provider's warranty obligation for delivered items is 12 months.
(2) A guarantee only applies to goods delivered by the Provider if this was expressly confirmed in the order confirmation of the relevant item.
Art. 8 Liability
(1) Customer compensation claims are precluded. The following Customer compensation claims are exempt from this: damages resulting from loss of life, bodily harm or injuries to health or the violation of material contractual duties (cardinal obligations) and liability for other damages caused by an intended or grossly negligent violation of duty on the part of the Provider, his legal representatives or vicarious agents. Material contractual obligations are duties which must be fulfilled in order to achieve the purpose of the contract.
(2) When material contractual obligations are breached, the Provider shall be liable for typical, foreseeable damages, if these were caused by simple negligence, except if these are compensation claims by the Customer from loss of life, bodily harm or damages to health.
(3) The restrictions of 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider, except if claims are asserted directly against them.
(4) This shall not affect the provisions of the Product Liability Act.
Right of cancellation
Art. 9 Cancellation right of up to 2 weeks
(1) If the Customer is a consumer and if he has concluded a contract with the Provider exclusively by using remote communication, especially phone, email or fax, or via the Provider's website, he shall be entitled to revoke his declaration of intent regarding conclusion of the contract within 2 weeks without providing reasons. This period shall start at the earliest when the goods are received, if at this point, the Consumer has also received this Right of cancellation notice in a text format. In order to observe the right of withdrawal period, the timely dispatch of the revocation or the item suffices.
(2) The goods must be returned or the revocation letter sent to the following address:
Owner: Miroslaw Gustke
Fax 0212 2475595
The revocation can take place by letter, fax or online under: email@example.com
(3) Items ready for dispatch are sent to ISS Solingen, Owner: Miroslaw Gustke, Dompfaffweg 25, D - 42659 Solingen, at own risk and expense. Regardless of this, the Customer shall bear the costs of returning the items if the gross sales price of the item to be returned does not exceed 40 Euros or if the Customer has not paid the consideration or a contractually agreed partial payment at the time of the revocation, except if the delivered goods do not correspond to those ordered. Items which cannot be sent as a parcel are collected from the Customer. We do not accept a forward delivery. We reimburse any potential delivery costs.
(4) In the case of an effective revocation, the Provider shall repay the paid sales price to the Customer. If the Customer is unable to return the goods received in full or in part or only in a worse condition, he shall be obligated to pay a compensation for the reduction in value even if the deterioration is based on utilization in accordance with the item's purpose. This shall not apply if the deterioration of the item is exclusively due to testing – to the extent that this would have been possible in a shop. The reduction in value can correspond to the total sales price. The Customer can particularly avoid a reduction in value if he does not use the items as a proprietor would and if he refrains from taking any action that could impact on their value.
Ende der Widerrufsbelehrung
Art. 11 Data processing details
(1) As part of processing contracts, the Provider collects Customer data. The regulations of the Federal Data Protection Act and the Tele Services Data Protection Act shall be observed. The Provider shall only collect, process or use master and user data about the Customer without the Customer's approval if this is required for the contractual relationship and to use and invoice for the tele services.
(2) The Provider shall not use the Customer's data for advertising, marketing or opinion polls without the Customer's approval.
Art. 12 Final provisions
(1) The law of the Federal Republic of Germany excluding UNCISG shall apply to contracts between the Provider and the Customer.
(2) To the extent that the Customer is a businessman, legal entity according to public law or a special fund under public law, the jurisdiction for all disputes resulting from the contractual relationship between the Customer and the Provider shall be the Provider's place of business.
(3) In the case of the legal invalidity of individual parts of the contract,
the remaining parts shall continue to be binding.