General Terms And Conditions For Online Sale
§ 1 Scope of validity
(1) These General Terms and Conditions for online sale (hereinafter referred to as: GTC) shall apply exclusively to all contracts for delivery of goods concluded online or by other remote means of communication between DRAYER Fachhandel, Ahlenbachweg 19a, 79286 Glottertal, Germany, and its customers. The GTC are applicable irrespective of whether the customer is an end-user, a business owner or a merchant.
(2) We shall be bound by the current version of the GTC at the time of conclusion of a given contract.
(3) We do not accept any differing terms of the customer. This applies even if we do not explicitly object to their inclusion.
(4) The contracting parties agree in respect of all legal matters arising from this contractual relationship on the application of the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Contracts can only be concluded verbally or in writing. In both cases the General Conditions of sale and delivery of the company DRAYER Fachhandel, Ahlenbachweg 19a, 79286 Glottertal, Germany, shall apply.
§ 2 Conclusion of contract
(1) By presenting and advertising items in our online shop, we do not make a binding offer for the sale of any given items.
(2) All offers in this DRAYER online shop are non-binding and subject to change without notice. It is possible that the goods we sell may differ from the pictures on our website and the technical specifications may also be different from those stated.
(3) Sending an order through our online shop by clicking on the "PROCEED TO CHECKOUT" button makes the order legally binding for you. You are bound to honour your order for a period of two 2 weeks after submitting it. If applicable, your existing right of cancellation according to Article 7 shall remain unaffected.
(4) We will confirm receipt of your orders placed with our shop immediately by e-mail. This e-mail does not represent a binding acceptance of your order, unless such acceptance is declared in the e-mail in addition to the confirmation of receipt of your order.
(5) A contract is not entered into until we accept your order by declaring our acceptance of it or deliver the ordered items.
§ 3 Prices and delivery costs
(1) All prices indicated in our online shop are gross prices including (German) VAT. Any incidental transport costs must be borne by you.
(2) Delivery costs are stated for each item in our online shop. The price including (German) VAT and delivery costs will also be displayed on the order form before you submit your order.
(3) If you effectively withdraw from your declaration of willingness to enter into a contract in accordance with Article 7, you can demand reimbursement of delivery costs already paid in accordance with the statutory requirements (cf. Article 7 Section 3 for other Consequences of cancellation).
§ 4 Terms of payment and offsetting
(1) We accept all methods of payment offered in our online shop and you may choose your preferred payment method while ordering. Depending on the chosen method of payment, additional expenses may arise which will be added to the price and displayed. The purchase price and delivery costs are due and payable no later than thirty (30) days from receipt of our invoice.
(2) You may only offset such claims against our own as are legally recognised or undisputed.
§ 5 Delivery conditions
(1) Items are delivered by the third-party supplier named during the order process; you may select your preferred delivery method. You will be able to see the delivery costs shown in your shopping basket before completing your order.
(2) Items in stock will be dispatched within five (5) working days of receipt of the order.
(3) For items that are not in stock, delivery time may be up to four (4) weeks from the date of the order. Delivery to you depends on us receiving the goods from our suppliers on time.
(4) Partial deliveries are permissible. In this case, delivery costs will only be charged once.
§ 6 Reservation of self-supply and retention of title
(1) If we cannot deliver an item you order or cannot deliver it within a reasonable time after conclusion of a contract with you, even though we entered into a purchase agreement with a supplier before we concluded the contract with you, we are entitled to release ourselves from the obligation to deliver. In this case we are bound to immediately inform you that the item is no longer available and to immediately refund any payments already made by you.
(2) All items delivered to the customer by us shall remain our property until the purchase price has been paid to us in full. In case of re-sale of the items delivered, the customer shall assign the resulting purchase price claims to DRAYER Equipment for Tree Care and Rope Technology by way of security until full payment has been made.
§ 7 Right of cancellation
(1) If you are a consumer (a consumer is any natural person who enters into a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activities), you have a statutory right of cancellation.
(2) If you exercise your right of cancellation, you shall bear the costs of returning the goods as detailed in the content of the cancellation policy set out below.
(3) Apart from that, the regulations detailed in the following cancellation policy apply to the right of cancellation:
Right of cancellation
You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party, indicated by you and who is not the carrier, acquires physical possession of the goods. To exercise your right of cancellation, you must inform us, the company DRAYER Fachhandel, Ahlenbachweg 19a, 79286 Glottertal, Germany (Tel.: +49 (0) 7684 780, Fax: +49 (0) 7684 790, e-mail: email@example.com), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To this purpose you may use the model cancellation form, but this is not compulsory. To meet the cancellation deadline, it is sufficient for you to communicate your intention to exercise your right to cancel within the cancellation period.
Consequences of cancellation
In the event of a withdrawal from this contract, we are obliged to reimburse to you any payments received from you (this includes standard delivery costs but not any additional costs incurred as a result of your choice of a non-standard delivery method) without undue delay and, in any event, not later than 14 days from the day we received your statement of withdrawal from the contract. Your payments will be returned to you by the same means of payment you used for the original transaction, if no other agreement is expressly made. Under no circumstances will we charge you any fees for this reimbursement. We can withhold the reimbursement until we have received the goods from you or until you have provided evidence that you have sent back the goods, whichever occurs earlier. You shall return the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. If you send the goods back within the 14 day period, the cancellation will be valid.
You have no right to cancel in the case of distance sales (contracts) for the delivery of goods that are not ready-made but manufactured or customised to suit the customer’s personal choice or individual needs. You will have to bear the costs of returning the goods. You are only liable for any loss in the value of the goods if it results from handling over and above what is necessary to establish the nature and characteristics of the goods and to check that they function correctly.
§ 8 Material and legal defects
(1) In the event of delivered articles having material or legal defects, you have all rights provided by law regarding damages or the reimbursement of wasted expenditure, subject to statutory provisions. The restrictions and exclusions in Article 9 apply.
(2) Any sales guarantee given by us for specific items or manufacturers’ warranties granted for specific items by the manufacturer shall stand alongside claims for material and legal defects within the meaning of Section 1. Details concerning the scope of such guarantees can be found in the Guarantee Conditions, which are enclosed with the items.
§ 9 Liability
(1) In all cases of contractual or non-contractual liability, we shall be liable to you for damage caused intentionally or by gross negligence in accordance with the regulations pertaining to compensation for damages or reimbursement of wasted expenditure.
(2) In other cases we shall be liable – unless otherwise stipulated in Section 3 – only in the event of a breach of our contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place, and whose fulfilment you as a customer can regularly rely on (so-called cardinal obligation), namely restricted to compensation of foreseeable and typical damage. Subject to the provision stipulated in Section 3, our liability shall be excluded in all other cases.
(3) Our liability for damages resulting from personal injury, bodily harm or danger to health and pursuant in accordance with the German Product Liability Act shall remain unaffected by the foregoing limitations of liability and exclusions of liability.
§ 10 Place of jurisdiction
(1) If the customer is a merchant, the parties to the contract must submit to the exclusive jurisdiction of the courts of Freiburg im Breisgau, Germany.