Terms of service
General terms and conditions
1. general, clientele
(1) All offers, sales contracts, deliveries and services based on orders placed by our customers via our online store www.07eins.com(hereinafter the "Webshop") are subject to these General Terms and Conditions. The contractual partner for the customers is:
Willenbach 12
84367 Reut
Germany
Managing Director: Simon Schoßböck
VAT ID: DE327918564
Commercial register: Landshut HRB 11971
Email: kontakt@07eins.com
(2) The product offer in our webshop is directed equally to consumers and entrepreneurs, but only to end users. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(3) The customer's terms and conditions shall not apply, even if we do not separately object to their applicability in individual cases.
2 Conclusion of contract
(1) Our offers in the webshops are non-binding.
(2) By placing an order in the webshop (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the relevant product (clicking the button "Order subject to charge"). The customer is bound to the offer for one week.
(3) Upon receipt of the offer, we will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer in text form or dispatch the goods. The confirmation of receipt of the offer and its acceptance may be combined.
3. prices and payment
(1) Our prices, which can be seen directly in the web store, include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer. The prices shown in the webshop at the time of the order shall apply.
(2) Payment by the Customer shall be made either by bank transfer in advance to the account notified to the Customer or against payment via the PayPal payment service (credit card, direct debit or bank transfer).
(3) If bank transfer in advance is agreed, our invoices are due for payment within eight working days after receipt of the invoice by the customer.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
4 Shipment of the goods
(1) We shall dispatch the goods without delay as soon as the purchase contract has been concluded and any payment to be made in advance has been received, provided that the goods are in stock. Otherwise, the goods will be dispatched without delay as soon as the goods are available again from us, but at the latest within two weeks after conclusion of the contract.
(2) If the goods are not available for the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The customer's statutory rights due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 9 of these General Terms and Conditions.
(3) We shall be entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs caused thereby.
5. shipping, insurance, transfer of risk and return shipment
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated in the webshop is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(4) We shall insure the goods against the usual transport risks at our expense.
(5) If the customer is a consumer and exercises his right of revocation, he shall bear the direct costs of returning the goods.
(6) If the customer is a consumer and exercises his right of revocation, he shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
6. retention of title
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer shall not be entitled to resell the goods delivered by us which are subject to retention of title without our prior written consent. In the event of any resale, the customer hereby assigns to us the claims arising from the resale up to the amount of the purchase price payable to us plus a surcharge of 20%. We hereby authorize the customer to collect the claims thus assigned in the ordinary course of business, whereby we may revoke this authorization at any time in the event of default in payment on the part of the customer.
7. warranty
(1) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods; if the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item. The choice can only be made by notifying the customer in text form (also by fax or e-mail). We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.
(2) In the event that subsequent performance pursuant to Section 7 (1) fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled, in each case in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. The customer's claims for damages shall also be subject to the special provisions of Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years from delivery if the Customer is a consumer, otherwise twelve months from delivery. In the case of the purchase of used goods, the warranty period shall also be only twelve months vis-à-vis consumers. In the case of the purchase of used goods, the warranty is excluded vis-à-vis entrepreneurs. The shortening of the warranty period compared to the statutory provision shall not apply in each case insofar as claims are directed to the compensation of bodily injury and damage to health, are based on gross negligence or the law mandatorily provides for longer warranty periods.
(4) The following shall apply only to entrepreneurs: The customer shall carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects within five working days after delivery or otherwise (ii) within five working days after discovery of the defect.
8. industrial property rights and copyrights
(1) The ownership of rights (industrial property rights and copyrights) to the goods and the installation instructions as well as other documents relating to the delivered goods shall remain with us without restriction.
(2) Any unauthorized duplication, any commercial resale and any other unauthorized use of our goods and/or the enclosed documents shall be legally prosecuted.
9. liability
(1) We shall not be liable (irrespective of the legal grounds) for damages which are not typically to be expected according to the nature of the respective order and the goods and in the case of normal use of the goods. Our liability is also excluded for damages resulting from loss of data, if recovery is not possible or is made more difficult due to missing or insufficient data backup.
(2) The restrictions in paragraph 1 shall not apply to our liability for guaranteed quality features within the meaning of § 444 BGB (German Civil Code), for injury to life, limb or health or under the Product Liability Act, nor in the event of intent or gross negligence.
(3) If the customer culpably fails to observe the installation instructions supplied with the product in whole or in part, we shall not be liable for any damage arising directly or indirectly from such failure.
10. data protection
(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and for as long as we are obliged to store this data on the basis of statutory provisions.
(2) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in paragraph 1. With regard to the use of our website, please refer to the comprehensive privacy policy accessible there.
11 Applicable law, place of jurisdiction and severability clause
(1) Subject to mandatory international private law provisions and subject to mandatory consumer protection provisions of the country in which the customer is domiciled, the purchase contract between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Eggenfelden (local court) or Landshut (regional court) shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction based on statutory provisions.
(3) If individual provisions of these GTC are not legally effective in whole or in part or lose their legal effectiveness at a later point in time, this shall not affect the effectiveness of the remaining GTC.