General Terms and Conditions Dörr GmbH
I. General Terms and Conditions of Business
I. General Terms and Conditions of Business
I. General Terms and Conditions of Business
1. General information
1.1 Scope of application
These General Terms and Conditions of Business apply in the version valid at the time of the contract's conclusion for all business relations between us (Dörr GmbH, Messerschmittstr. 1, 89231 Neu-Ulm, represented by its managing directors: Peter Dörr, Philip Dörr-Schick and Valentin Breitling) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German.
Please contact our sales team at firstname.lastname@example.org to apply for registration for our dealer shop.
1.4 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data, including invoice address and, if necessary, a different delivery address, unless you have already entered this in your customer account. In the third step you select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g., name, address, method of payment, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With your order, you declare your contractual offer to be binding. We will immediately confirm receipt of your order. The confirmation of receipt does not yet represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, telephone, post, or notification of dispatch of the goods. The contract is only concluded upon acceptance.
The text of the contract will be saved by us and sent to you in text form (e.g., e-mail or by post) after you have sent your order, together with these General Terms and Conditions and customer information. However, the contract's text can no longer be called up by you on the website after you have sent your order. You can use your browser's print function to print the relevant website with the text of the contract.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include, in particular, strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone the delivery by the duration of the obstructive event.
2.3 Exclusion of delivery
P.O. box addresses will not be delivered.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us will be made within 5 days. In the case of prepayment, the start of the delivery period is the day after the payment order is issued to the remitting bank or, in the case of payment by cash on delivery or purchase on account, the day after the contract is concluded. The period shall end on the fifth day following this. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the period shall end on the next working day.
2.6 Delivery via "DER KURIER"
3.1 Prices and shipping costs
All prices do not include value-added tax. The costs for packaging and shipping are shown separately unless collection by you at our place of business is agreed upon.
3.2 Default of payment
You are in default of payment if we do not receive a payment within two weeks of receipt of the invoice. In the event of default of payment, interest will be charged at a rate of 5 percentage points above the European Central Bank's base rate, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of a claim for further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for such counterclaims due and based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in distance contracts
There is no right of withdrawal
5. Reservation of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods under a simple reservation of title with care at all times. You assign any claim or compensation you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, particularly in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise concerning the properties of the goods; reasonable deviations in the goods' aesthetic properties are not subject to the warranty claim. In particular, concerning the descriptions, representations and details in our offers, brochures, catalogues, on the website and other documents, there may be technical and design deviations (e.g., colour, weight, dimensions, design, scale, positioning or similar), provided these changes are reasonable for you. Such practical reasons for changes may result from daily fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect warranty rights.
6.2 Warranty towards entrepreneurs
In the case of entrepreneurs, in deviation from the statutory warranty regulations, in the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item is transferred to you upon delivery to the person designated for transport. Entrepreneurs must immediately report obvious defects and non-obvious defects after discovering in text form; otherwise, the warranty claims' assertion is excluded. Timely dispatch suffices to comply with the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, particularly for the defect itself, for the time of detection of the fault and the timeliness of the notification of defects.
6.3 Rights in case of insignificant defects
In the event of a minor defect, you shall only be entitled to an appropriate reduction of the purchase price under exclusion of the right of withdrawal.
6.4 Compensation for defects
No warranty is given for damage resulting from improper handling or use. The following exclusion of liability is expressly referred to.
6.5 Statute of limitations
For used goods, the warranty period is 1 year. If you are an entrepreneur, the warranty for used goods is excluded, and for new goods, it is 1 year. According to § 478 German Civil Code (BGB), the right of recourse is excluded from this. The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the German Product Liability Act shall also remain unaffected.
7.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for achieving the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. final provisions
8.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no effective legal regulations according to your home country law, German law under exclusion of the UN-purchase right is considered as agreed.
8.3 Consumer dispute resolution proceedings
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS Platform). You can access the OS Platform under the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.
8.4 Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
In connection with the sale of batteries or with the delivery of devices containing batteries, we are obliged to draw your attention to the following:
You are legally obliged to return used batteries as end-user. You can return used batteries that we carry or have carried as new batteries in our range free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0.002 mass percent cadmium
Hg = battery contains more than 0.00005 mass percent of mercury.
Please note the above information.