General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of the Contract
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Force Majeure
- Delay of Performance at the Customer's Request
- Retention of Title
- Liability for Defects / Warranty
- Liability
- Statute of Limitations
- Retention, Assignment
- Special Conditions for Processing Goods According to Specific Requirements of the Customer
- Applicable Law, Jurisdiction
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Tim Dehring, acting under "Tim Dehring Media" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a business customer (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 These GTC also apply exclusively if the Seller, being aware of conflicting or differing terms of the Customer, executes the delivery to the Customer without reservation.
1.3 For the purposes of these GTC, a business customer is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions displayed in the Seller's online shop do not constitute binding offers from the Seller, but serve to submit 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. In doing so, the Customer, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the order process.
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 the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing their order, or
- if payment by direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer's bank account, in which case the timing of the debit from the Customer's account is decisive.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment will be 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 referred to as "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. Beyond this, the contract text is not made accessible by the Seller. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.
2.7 Before submitting a binding 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 of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Only the German and English languages are available for the conclusion of the contract.
2.9 The order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered when using spam filters.
2.10 If the parties have agreed on special conditions, these generally do not apply to simultaneous and future contractual relationships with the Customer.
2.11 In the event of the Customer's economic inability to fulfill their obligations towards the Seller, the Seller can terminate existing exchange contracts with the Customer by withdrawal without notice. This also applies in the event of the Customer filing for insolvency. § 321 BGB and § 112 InsO remain unaffected. The Customer will inform the Seller in writing at an early stage about impending payment difficulties.
3) Prices and Payment Terms
3.1 Unless otherwise stated in the Seller's product description, the prices quoted are net prices plus statutory sales tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs, and charges will be invoiced separately, if applicable.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that the Customer must bear. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs). Such costs may also arise in relation to the money transfer 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.
3.3 The Customer has various payment options available, which are indicated in the Seller's online shop.
3.4 If prepayment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
3.5 If a payment method offered through the "PayPal" payment service is selected, the payment will be processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller offers payment methods
