General terms and conditions for sales of items in the online store www.https://schwietzshop.com/en/
Contractual partner
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
Marc Schwietz
Address: Sammetwiesenstr. 12 35713 Eschenburg
E-mail address: service@schwietzshop.com
Sales tax identification number: DE317058926,
hereinafter referred to as the provider, the contract is concluded.
Subject matter of the contract
This contract regulates the sale of new goods via the supplier's online store. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and email. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.
The order process for concluding a contract comprises the following steps in the store system:
- Selection of the article in the desired specification (size, color, quantity)
- Add the item by clicking on the "Add to shopping cart" button
- Continue the ordering process by pressing the "Proceed to checkout" button or add further items to the shopping cart by pressing the "Continue shopping" button.
- Check your shopping cart and make changes if necessary. Continue the ordering process by pressing the "Checkout" button
- Order as a guest by entering your first name, last name and e-mail address and clicking the "Continue" button
- Enter billing and delivery address and press the "Continue" button
- Select shipping method and press the "Next" button
- Select payment method, check and process the order and all entries and press the "Order with obligation to pay" button
- Receive confirmation email that the order has been received
In addition to the store system, orders can also be placed by means of remote communication (telephone/e-mail), whereby the order process for the conclusion of the contract includes the following steps:
- Call the order hotline / send the order e-mail
- Confirmation email that the order has been received
The contract is concluded when the order confirmation is sent.
Contract duration
The contract is concluded for an indefinite period.
Reservations
The provider reserves the right to provide a service of equivalent quality and price. The service shown in the store is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service if it is not available.
Prices, shipping costs, return costs
All prices are final prices. In addition to the final prices, further costs are incurred depending on the shipping method, which are displayed before the order is dispatched. If a right of withdrawal exists and is exercised, the customer shall bear the costs of the return shipment.
Terms of payment
The customer only has the following options for payment: advance bank transfer, payment service provider (PayPal), cash on collection. Other payment methods are not offered and will be rejected.
The invoice amount must be transferred in advance to the account specified on the invoice, which contains all details for the bank transfer and is sent by email. If an escrow service/payment service provider is used, this enables the provider and customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective trust service/payment service provider. The invoice amount can also be paid in cash at the provider's business premises during normal office hours after deduction of the shipping costs.
The customer is obliged to pay or transfer the stated amount to the account specified on the invoice within 14 days of receipt of the invoice.
Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined by the calendar, the customer shall be in default even without a reminder.
Any right of retention of the customer which is not based on the same contractual relationship is excluded.
Offsetting against the customer's claims is excluded unless these are undisputed or have been legally established.
Terms of delivery
The goods will be dispatched immediately after confirmed receipt of payment.
Dispatch takes place on average after 1 day at the latest. The entrepreneur undertakes to deliver on the 14th day after confirmed receipt of payment.
The standard delivery time is 3 days, unless otherwise stated in the item description.
The supplier will dispatch the order from its own warehouse as soon as the entire order is in stock.
If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, the supplier shall have the right to withdraw from a contract with the customer in this respect. The customer shall be informed immediately and any services received, in particular payments, shall be refunded.
Warranty
Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (GTC).
If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
The supplier is granted the right to choose between repair or replacement in the event of subsequent performance
if the goods are new and the customer is an entrepreneur.
If the customer is an entrepreneur, the warranty for used goods is excluded.
If the customer is a consumer, the warranty period for used goods is limited to one year.
This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
Contract design
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover or, in the case of shipment, upon delivery of the goods to the selected service provider.
The contract text is stored by the provider.
The customer has the following option of accessing the stored contract text: The provider saves the contract text and sends the customer the order data and the General Terms and Conditions (GTC) by e-mail, which the customer can print out and/or save and or archive with the e-mail. The General Terms and Conditions (GTC) can be viewed and printed on the provider's website under "Information" by clicking on the "General Terms and Conditions" button.
This area can be found on the following page:
https://schwietzshop.com/en/content/3-allgemeine-geschaeftsbedingungen
Orders placed via the online store with a registered customer account can be viewed in the customer account on the provider's website by clicking on the "Orders" button.
This area can be found on the following page:
https://schwietzshop.com/en/order-history
For orders placed via the online store, the customer can correct input errors during the ordering process. They can do this as follows: Current entries can be overwritten. By pressing the back button of the browser, entries on previous pages can be corrected. The order process can be canceled by closing the order page.
Disclaimer
Claims for damages by the customer are excluded, unless otherwise stated below. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has proven a legitimate interest in the assignment or pledge.
Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further implementation of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as no statutory provisions of the country in which the customer has his domicile or habitual residence are restricted thereby. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
Severability clause
The invalidity of any provision of these GTC shall not affect the validity of the remaining provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODRVO
The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ find. Note according to § 36 para. 1 no. 2 VSBG: We would like to point out that we are not available for participation in dispute resolution proceedings before a consumer arbitration board."
Link to General Terms and Conditions: https://schwietzshop.com/en/content/3-allgemeine-geschaeftsbedingungen
Link to imprint: https://schwietzshop.com/en/content/2-imprint
Link to data protection: https://schwietzshop.com/en/content/7-data-protection
Link to right of withdrawal: https://schwietzshop.com/en/content/6-right-of-withdrawal
Link to shipping and payment: https://schwietzshop.com/en/content/8-versand-und-zahlung
AGB created via the generator of Deutsche Anwaltshotline AG. Terms and conditions were adapted by the website owner.
Stand 01.01.2024
General Terms and Conditions for Sales via eBay
1. Scope of application
The following terms and conditions apply to all orders placed via our eBay store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with
Marc Schwietz.
Sammetwiesenstr. 12
35713 Eschenburg
E-mail address: service@schwietzshop.com
Sales tax identification number: DE317058926
Auction format
When we post an item in auction or fixed-price format, we make a binding offer to conclude a contract for this item. We determine the starting or fixed price and the duration of the offer, i.e. the period within which the offer can be accepted. If we set a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
We can also provide offers in auction format with a buy-it-now function, which you can use as long as no bid has been placed on the item or the minimum price has not yet been reached.
In the case of auctions, you accept the offer by placing a bid. Acceptance is subject to the condition precedent that you are the highest bidder at the end of the bidding period. Your bid expires if another buyer places a higher bid during the bidding period.
Fixed price format
When we list items in fixed price format, we make a binding offer to conclude a contract for this item.
You accept the offer by clicking on the "Buy it now" button and then confirming. For fixed-price items for which we have selected the "Pay now" option, you accept the offer by clicking the "Buy now" button and completing the payment process immediately afterwards. You can also accept offers for several items by placing the items (if available) in the shopping cart and completing the immediately following payment process.
Price proposal option
If the "Send price suggestion" button is displayed under the buy-it-now price in one of our offers, you can suggest a price at which you would buy the item. We can accept your price suggestion, reject it or make a counter offer. If you submit a price proposal to us, you are making a binding offer to conclude a contract for this item at the price you have proposed. Your price proposal is valid for 48 hours or until the end of the offer, whichever comes first. If we accept it, a binding contract is concluded. The price proposal only refers to the price of the item offered.
Correction options
You can recognize and correct your entries before submitting the order using the self-explanatory means provided by eBay in the ordering process. To cancel a transaction, press the "Back" button on your browser to return to the item page or the eBay shopping cart. In the shopping cart, you can change the quantity of products by changing the number of items or delete the item from the shopping cart by clicking on "Remove". Input errors can also be corrected by canceling the purchase process.
3. Prices
All prices are final prices.
4. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the text of the contract on our systems, but these are not accessible to you.
However, you can view your last orders via your eBay account under "My eBay". The complete contract text is not accessible there.
5. Terms of delivery
You generally have the option of collecting the goods from Marc Schwietz, Sammetwiesenstr. 12, 35713 Eschenburg, Germany: Please arrange a collection date with us at least two working days before your collection so that we can make the goods available from our warehouse.
6. Payment
The following payment methods are available in our store:
Prepayment
If you choose to pay in advance, we will give you our bank details immediately after completing the order and deliver the goods after receipt of payment.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Cash payment on collection
You pay the invoice amount in cash on collection.
7. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Warranty and guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
9. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
GTC created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte. The terms and conditions were adapted by the website owner.
Stand 01.01.2024