Terms and conditions
Owner: Sascha Egermann
Am Lautberg 2
09376 Oelsnitz / Erzgebirge
Phone: (+49) 0176 244 588 89
VAT Identification Number: DE298943314
§ 1 Scope and contractual basis
The contract for the delivery of goods concluded between you as a buyer and us as a seller is subject to the following terms and conditions.
All agreements between you and us in connection with the contract are based on these terms and conditions, our written order confirmation and our declaration of acceptance.
Illustrations or drawings contained in our brochures, advertisements and quotes are only roughly definitive, unless the information contained therein has been designated by us as binding.
§ 2 Conclusion of contract
The seller presents an excerpt of his product range on his homepage, inter alia a reference list of already produced products. As these are individually manufactured products, the buyer, if interested in a product, contacts the seller via the contact form, telephone or E-mail.
The seller sends the buyer an order form and thus makes a binding offer. The buyer may accept this offer within 5 working days by explicitly accepting it, e.g. via E-mail. The offer expires after those 5 working days, which means the provider is no longer bound by his offer.
The final contract is in German.
§ 3 Customized Goods
(1) In order to manufacture customized goods for you, we require the necessary information, texts or data immediately after the conclusionz of our contract.
(2) You are obliged to ensure, that the content of your transferred data neither breaches third party rights (copyrights, naming rights, trademark laws, patents) nor violates existing laws. You release us from any claims, that may be made by third parties in this context. This includes any potential costs for legal representation related to this context.
(3) We won’t check the transferred information for correctness of content and therefore won’t accept liability for errors.
(4) If included in the offer, we will send you a contract proof, which you will have to check as soon as possible. If you are satisfied with the proof, you will need to release it for execution by countersigning in text form (i.e. via E-Mail). The execution of design work won’t begin without your release. It is your responsibility to check the contract proof for accuracy and completeness. If you notice any errors or faults, you have to notify them to us. We do not accept any liability for errors not objected to.
§ 4 Prices; Payment
Our prices include packaging costs and VAT. Delivery and shipping costs are only included in our prices, if this has been agreed about separately with you.
The purchase price owed is payable without deduction within 10 days after our invoice has been received. Unless explicitly agreed, we only deliver against payment in advance, payable by bank transfer or PayPal. At the request of the customer, we also deliver the products against cash payment in our business premises in 09376 Oelsnitz, Am Lautberg 2.
In case of default of payment, we are entitled to demand interest of 5% above the respective base interest rate of the European Central Bank (ECB) from this point in time. We reserve the right to prove higher damage.
§ 5 Delivery and service time
Our delivery dates or delivery periods are based on the information in the order form.
If we fail to deliver within the agreed delivery date or period that we agreed on as binding, or if we are in default for any other reason, you must grant us a reasonable grace period to effect our services. If we fail to comply with our obligations within this grace period, you are entitled to withdraw from the sales contract.
Subject to the restrictions according to the subsequent § 6, we are liable to you in accordance with the legal provisions, (a) if it is a fixed term contract, or (b) if you are entitled due to a delay in delivery on our part and your discontinuance of interest in the performance of the contract.
We are entitled to partial deliveries and partial services at any time, provided it is reasonable.
§ 6 Rights in case of delay and defects; Liability
If the delivered item does not have the agreed structure/condition, or if it
is not suitable for the use required generally or based on our contract, or if it does not fulfil the features that you could expect based on our public statements, then we are obliged to rectify the defect. This does not apply, if we are entitled to refuse supplementary performance due to legal regulations.
In regards to the supplementary performance you have the choice between removing the defect (rectification) or delivery of new goods. You must grant us a reasonable period for subsequent performance. During the supplementary performance you are not entitled to reduce the purchase price or to withdraw from the contract. If we fail to rectify twice, the rectification process is considered unsuccessful. You may then choose to either reduce the purchase price or withdraw from the contract.
You can only claim for damages due to a defect, if the supplementary performance has failed. Your right to claim further damages in accordance with the following paragraphs remains unaffected.
We are liable according to legal regulations for damage to life, body and health, if it is based on a culpable breach of duty by us, our legal
representatives or our agents.
Furthermore, we are liable under the statutory provisions for other damages based on intentional or grossly negligent violations of contract as well as malice by us, our legal representatives or our agents. As far as the scope of the product liability law is established, we are fully liable according to its regulations.
We are also liable in the context of a guarantee of quality and / or durability, provided that we have given such a guarantee on the delivered item. If damage occurs that is based on the fact that the guaranteed quality or durability is missing and if such damage does not occur directly / immediately to the goods delivered by us, then we shall only be liable if the risk of such damage is evidently included in our quality and shelf life warranty.
If damage is due to default or a defect on the simple negligent breach of a fundamental contractual obligation, ie the simple negligent violation of an obligation whose fulfilment allows the proper execution of the contract in the first place and on whose compliance you, as a buyer, can rely on regularly, so is our liability limited to the damage foreseeable and the contract-typical damage at the time of the conclusion of the contract. The same applies if you are entitled to compensation instead of performance.
Further liability claims against us do not exist regardless of the legal nature of your claims against us. This does not affect our liability according to paragraph 4 above.
For entrepreneurs the warranty period, for products delivered by the seller, is 12 months.
§ 7 Retention of title
The delivered goods (reserved goods) remain our property until complete payment of all claims from this contract.
§ 8 Cancellation Policy
When concluding a distance selling transaction, consumers generally have a statutory right of revocation. The seller subsequently provides information in accordance with the statutory model. The exceptions to the right of cancellation are regulated in section (2). Section (3) contains a sample cancellation form.
§ Right of Cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of cancellation, you must contact us (TeileHaus24, owner: Sascha Egermann, Am Lautberg 2, 09376 Oelsnitz, phone +49 176 24458889, firstname.lastname@example.org) by means of a unique statement (such as a letter sent by post, fax or E-mail) about your decision to withdraw from this contract. You may use the attached sample cancellation form, but you are not required to use it.
In order to maintain the withdrawal period, it is sufficient, that you send in the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from the contract, we will provide you with all payments we have received from you, including delivery charges (except for additional costs arising if you choose a different delivery method than the one we offer, which is the most economical standard delivery), immediately and no later than fourteen days from the date on which the notice of your cancellation of the contract has been received by us. We will use the same means of payment for the refund, that was used in the original transaction, unless otherwise agreed with you; in no case will you be charged a fee for the refund. We may refuse repayment until we have received the goods or you have provided proof that you have returned the goods, whichever comes first.
You must return the goods to us as soon as possible, but no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met, if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. The cost is estimated at a maximum of about 159 EUR.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of cancellation does not apply to contracts for the supply of goods that are not pre-fabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The seller informs about the sample withdrawal form under the legal regulation as follows:
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
-An TeileHaus24, Owner: Sascha Egermann, Am Lautberg 2, 09376 Oelsnitz, Phone 017624458889, email@example.com
– Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
-Posted on (*) / received on (*)
-Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only on paper)
(*) Delete as appropriate.
$ 9 Final Provisions
Contracts between the seller and the buyer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. A consumer from a state other than the Federal Republic of Germany can always rely on mandatory consumer protection rights of the country in which he usually resides.
The place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seat of the seller, if the buyer is a merchant, a legal entity of public law or a special fund under public law.
In the case of legal invalidity of individual points the contract remains binding in its remaining parts. The void points, where they exist, are replaced by legal regulations. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract will become invalid as a whole.
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