Terms and Conditions
Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for Assembly/Installation Services
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of David Scholz, trading as "David Scholz" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, email, or online contact form.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract comes into existence at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax or letter) after the Customer has sent their order. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.
2.6 Before submitting the order bindingly via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.5 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is debited immediately after the customer's order is sent in the online shop. The provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credits, even when the credit card payment method is selected via secupay AG.
5) Delivery and Shipping Conditions
5.1 Goods are delivered by shipping route to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 For goods delivered by forwarding agent, delivery is "curbside", i.e., up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the regulation made in the Seller's cancellation policy applies.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.
5.5 In the case of self-collection, the Seller will first inform the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer can pick up the goods at the Seller's premises after arrangement with the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
If the Seller performs in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Special Conditions for Assembly/Installation Services
If, according to the content of the contract, the Seller also owes the assembly or installation of the goods at the Customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g., measurement), the following applies:
8.1 The Seller provides its services, at its discretion, in person or through qualified personnel selected by him. The Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to choose a specific person to perform the desired service.
8.2 The Customer must provide the Seller with all necessary information required for the provision of the owed service truthfully and completely, provided that the procurement of this information does not fall within the Seller's duties according to the content of the contract.
8.3 The Seller will contact the Customer after conclusion of the contract to arrange an appointment for the owed service. The Customer shall ensure that the Seller or the personnel commissioned by him have access to the relevant facilities of the Customer at the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the Customer only upon completion of the assembly work and handover to the Customer.
9) Applicable Law
For all legal relations between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.