1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
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
1.1 These general terms and conditions (hereinafter “GTC”) of HUTSCHN GbR (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can primarily be attributed neither to their commercial nor independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. In addition, the customer can also submit the offer to the seller by telephone, e-mail, post 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), in which case receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by asking the customer to pay after submitting their order.
If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer has been sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the above period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When choosing a payment method offered by PayPal, payment is processed by 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 terms of use, available 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, available 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 in the online ordering process, the seller already declares acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text available in any other way.
2.6 Before binding the order 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 enlargement function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes 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 e-mail and automated order processing. The customer must ensure that the email address provided by him 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 to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rates) or import duties or taxes (e.g. customs duties). Such costs may arise with regard to the transfer of money even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) is/are notified to the customer in the seller's online shop.
4.4 If prepayment via bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method “PayPal Direct Debit” is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired on behalf of the seller. Advance information (“pre-notification”) is any message (e.g. invoice, policy, contract) to the customer that announces a charge via SEPA direct debit. If the direct debit is not cashed due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees arising from the chargeback from the respective credit institution if he is responsible for this.
5.1 Goods are delivered by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If 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. With regard to the costs of delivery, this does not apply if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal by the customer, the relevant provision in the seller's cancellation policy applies.
5.3 When picking it up himself, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
If the seller makes advance payments, he reserves title to the delivered goods until full payment of the purchase price owed.
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
If, in accordance with the content of the contract, in addition to the delivery of the goods, the assembly or installation of the goods at the customer's premises and, if applicable, appropriate preparatory measures (e.g. measurement), the following applies:
8.1 At his discretion, the seller provides his services personally or through qualified personnel selected by him. In doing so, the seller can also make use of 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 select a specific person to perform the desired service.
8.2 The customer must provide the seller with the information required to provide the owed service completely and truthfully, provided that, according to the content of the contract, the provision of such information does not fall within the scope of the seller's duties.
8.3 After conclusion of the contract, the seller will contact the customer to make an appointment with him for the service owed. The customer ensures that the seller or the personnel commissioned by the seller have access to the customer's relevant facilities on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work has been completed and handed over to the customer.
9.1 The laws of the Federal Republic of Germany apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
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 point of contact for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.