General Terms and Conditions

These contractual conditions apply to all contracts concluded between

Taschenagentur Kramer
Represented by Edzard Kramer
Address:
Leverkusenstr 13 E Haus E, 1st floor
22761 Hamburg
Tel: +49 40 398 076 72
Fax: +49 40 254 933 74
E-mail address: bestellung@taschen-aus-segeltuch.de
VAT identification number: DE281531552, < br>
(hereinafter “Provider” or “we”) and our customers (hereinafter “Customer” or “you”) using only means of distance communication (e.g. via the Internet or by telephone) be closed in our online shop. For contracts that we in If we close our offline shop (store), they apply there included conditions.

§ 1 Scope, definitions

(1) Apply to the business relationship between the provider and the customer exclusively the following general terms and conditions The version valid at the time of the order. Deviants The customer's conditions and contractual offers are hereby contradicted.

(2) The customer is a consumer as far as the purpose of the delivery is concerned and performance not of his commercial or self-employed professional activity can be attributed. On the other hand, everyone is an entrepreneur natural or legal person or legal person Partnership which, when concluding the contract in the exercise of its commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select products from our range and use them the button “add to cart” in one collect so-called shopping cart. Via the button “subject to payment “order”, the customer submits a binding application to purchase the im the goods in your shopping cart.

(2) Before sending the The customer can order the data he has entered at any time change, view and correct input errors. The customer's request However, it can only be delivered and transmitted if the customer is in As part of the ordering process, these General Terms and Conditions apply accepted and thereby included it in his application.

(3) The provider then sends the customer an automatic one Confirmation of receipt by email containing the customer's order is listed again and which the customer uses the “Print” function can print out. The automatic confirmation of receipt is documented only that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only finalized the submission of the declaration of acceptance by us, which is accompanied by a will be sent in a separate email. The submission of an invoice to the customers for the goods ordered by the customer Declaration of Acceptance. The declaration of acceptance can also be made by us be replaced that we receive the order within 5 days of receipt execute the order. There are several of the above Acceptance variants are available, the contract will be concluded first event that occurred. In any case, the customer receives according to the legal regulations require a contract confirmation in text form. Should the customer does not receive a declaration of acceptance, invoice or within 5 days He is notified of the delivery or has not received any goods no longer bound to his order. If necessary already In this case, we will reimburse the customer for services provided immediately.

(4) Subject of the delivery or service are the goods offered by us and ordered by the customer and/or Services. Unless expressly stated otherwise in the respective offer referred to, versions and prices refer to the respective Items offered, but not any accessories shown or decorations. The presentation of our products and the related information The information provided is for the sole purpose of Description of services and do not represent a guarantee of quality.

(5) If we do so through no fault of our own and despite all reasonable circumstances efforts will not be able to deliver the ordered goods should because our supplier fulfills his contractual obligations to us not fulfilled, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we agree with the relevant supplier a congruent hedging transaction (binding, timely and sufficient ordering of the goods) completed and are not responsible for the non-delivery in any other way. In In such a case, we will inform the customer immediately inform you that the ordered goods are not available. Already We will immediately refund any consideration provided by the customer.

(6) The contract language is German.

(7) The Order processing and contact within Rahterms of contract processing usually take place via email. The customer must therefore ensure that the email address provided by him to process the order is correct and that no settings or filter devices are the customer's prevent the receipt of contract-related emails.

(8) If a delivery time is stated in our offers, these apply Delivery time and the information provided in each case to calculate the Delivery time priority. If for the respective goods in our No or no different delivery time is specified in the online shop, it is 7 days. This delivery period begins upon payment by payment in advance on the day after the payment order was issued to the transferring credit institution or, for other payment methods, the day after The contract is concluded and ends at the end of the last day of the contract deadline. If the last day of the deadline falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery the next working day replaces such a day.

§ 3 Retention of title

The The goods delivered remain until all claims arising from the have been fulfilled Contract owned by us; in the event that the customer has a legal Person under public law, special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that ongoing business relationship until all claims have been settled to which we are entitled.

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory sales tax and plus shipping costs.

(2) The corresponding shipping costs will be presented to the customer Conclusion of the contract and are to be borne by the customer if none Free shipping is agreed.

§ 5 Payment

(1) The customer can make payment according to the payment methods provided in the respective offer.

(2) The purchase price is paid immediately upon conclusion of the contract is due and must be received by us within 7 calendar days, provided that the agreed payment method does not deviate from this provides.

(3) The customer is responsible for ensuring sufficient account coverage care for. In the case of return debits caused by underfunding, the The customer obliges us to reimburse the resulting damage.

(4) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default.

(5) The customer only has the right to offset if his Counterclaims have been recognized by us or have been legally established or if the counterclaims arise from the same contractual relationship. The customer is only entitled to exercise a right of retention to this extent authorized as his counterclaim is based on the same contractual relationship.

§ 6 Transfer of risk

(1) There is a risk of accidental loss and damage to consumers the accidental deterioration of the purchased item according to the law upon delivery of the purchased item to the customer.

(2) Only if the customer acts as an entrepreneur does the delivery apply takes place from stock. The danger of accidental ruin and the Any accidental deterioration of the goods will take place at the latest upon handover to the customer. However, there is a risk when purchasing by mail order accidental loss and accidental deterioration of the goods as well The risk of delay already occurs when the goods are delivered to Freight forwarder, carrier or other person responsible for carrying out the shipment specific person or institution.

(3) The customer comes in Delay in acceptance means he fails to cooperate or delays our delivery changes for other reasons for which the customer is responsible, We are entitled to compensation for the resulting damage including additional expenses (e.g. storage and transport costs). request.

§ 7 Warranty for material defects, guarantee

(1) Claims for defects relating to used items delivered by us expires after one year from handover to the customer. Opposite For entrepreneurs, the limitation period for claims for defects is: Items delivered to us last for 1 year and the statute of limitations does not start again, if a replacement delivery is made within the scope of liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions Regulations, in particular §§ 434 ff BGB.

(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular due to claims for damages Customers from injury to life, body, health or from the violation of essential contractual obligations (see the following § 8), for damages under the Product Liability Act as well as for any damages assumed Guarantees, are exempt from the limitations of paragraph 1 above untouched. Likewise untouchedThe statutory limitation periods remain for the right of recourse according to § 478 BGB for entrepreneurs and ours Liability in the event of fraudulent concealment of a defect.

(3) Claims for defects from merchants require that they are in their possession Statutory investigation and reporting obligations (§§ 377, 381 HGB) have complied with.

(4) A quality or We provide a durability guarantee (§ 443 BGB). Delivered goods only if they are expressly offered by us was agreed. Any manufacturer guarantees remain unaffected.

(5) You can submit any complaints and warranty claims at to the address stated in the provider identification.

§ 8 Liability

(1) Customer claims for compensation are excluded. Of this The customer's claims for damages resulting from the violation are excluded of life, body, health or from injury essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from intentional or grossly negligent action Breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those, the fulfillment of which is necessary to achieve the objective of the contract as well as those that the customer as a contractual partner is required to comply with can regularly be trusted. In case of violation of essential The provider is only liable for contractual obligations for the contract-typical, foreseeable damage if it was caused simply through negligence, unless it concerns claims for damages from the customer injury to life, body or health.

(2) The restrictions in paragraph 1 above also apply to the benefit of legal representatives and vicarious agents of the provider, if Claims can be asserted directly against them and also mutatis mutandis for claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act as well as our liability for any guarantees assumed remain unaffected.

§ 9 Right of withdrawal

Consumers you have a statutory right of withdrawal. A cancellation policy you will receive separately in accordance with the legal regulations Text form.

§ 10 Contract text

The contract text is written by us not saved and cannot be used after the ordering process has been completed can no longer be accessed. The customer can read these terms and conditions and the Print out and receive order details before submitting your order a contract confirmation in accordance with the statutory provisions.

§ 11 Out-of-court dispute resolution/consumer dispute resolution

(1) For out-of-court settlement of consumer law issues The European Union has an online platform for disputes (“OS platform”) set up. The OS platform is intended as a contact point for the out-of-court settlement of disputes contractual obligations arising from online purchase contracts, serve. You can find the platform at http:// ec.europa.eu/consumers/odr.

(2) We are fundamentally neither willing nor obliged to Dispute resolution proceedings before a consumer arbitration board to participate.

§ 12 Final provisions

(1) For the contract The law of the Federal Republic of Germany applies to the exclusion of UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers if: the consumer is thereby subject to mandatory legal provisions of the country of habitual residence of the consumer Protection is not withdrawn.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer no general place of jurisdiction within the Federal Republic Germany is the place of jurisdiction for all disputes Contractual relationships between the customer and the provider are located at the registered office Provider.

(3) The possible ineffectiveness of individual provisions These general terms and conditions affect the effectiveness of them other provisions not. Instead of the ineffective points, If applicable, the legal regulations. So much for one would represent an unreasonable hardship to the contracting party, the contract will be terminated however, ineffective as a whole.

© The contents of our website are largely covered by copyright or other ancillary copyrights protected. Copying, downloading, distributing and distributing as well Storing this content is, with the exception of caching (Cached storage for the purpose of display in the Internet browser) within the framework visiting our website without the consent of the respective person Rights holder not permitted. An exception applies to content thatare expressly intended for download. In this case that is Right of use limited to use for personal purposes. Every further reproduction, publication, distribution, public Making available or other use requires the consent of respective authorized persons.

Version: 5.0

As of: 09/2017