Terms of service
General Terms and Conditions (GTC) and Consumer Information
General terms and conditions and consumer information in the context of purchase contracts, which are closed in the following "seller" - and the customer via the online shop between "Energy Value Cloppenburg GmbH" - the following "customer".
§ 1 Scope and general information
(1) Subject to individual agreements and agreements which have priority before these terms and conditions apply exclusively to the business relationship between the seller and the customer only the subsequent terms and conditions. Unless otherwise agreed, the inclusion of its own terms of the customer will be contradicted.
(2) The customer is consumer, insofar as he concludes the contract for purposes, which can be borne predominantly neither its commercial nor its self-employed professional activity. On the other hand, entrepreneurs is any natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with: Energy value Cloppenburg GmbH, Werner-Baumbach Str. 41, 49661 Cloppenburg
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop represent only a non-binding invitation to the customer to submit the seller to a corresponding purchase offer. As soon as the seller has received the customer's order, the customer will initially confirm a confirmation of which his order at the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the order of the customer, the seller will examine these at short notice and to communicate to the customer within 2 working days, whether he accepts the order (order confirmation). The ordering process in the seller's online shop works as follows:
§ 3 Subject of the contract, texture, delivery, goods availability
(1) The subject matter of the contract are the goods and services specified by the customer and the order and / or order confirmation referred to in the order and services to the final prices specified in the online shop. Errors and errors there are reserved, especially as regards goods availability.
(2) The condition of the ordered goods results from the product descriptions in the online shop. Illustrations on the website, the products may only be inaccurate again; In particular, colors can deviate considerably for technical reasons. Images are merely as intuition material and may differ from the product. Technical data, weight, measure and performance description are as precise as possible, but may have the usual deviations. The properties described here are not defects of the products supplied by the seller.
(3) If no copies of the product he selected are available at the time of ordering the customer, the seller informs the customer in the order confirmation. If the product is permanently not available, the seller sees from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product referred to by the customer in the order is not temporarily unavailable, the seller also informs the customer immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to solve from the contract. He will immediately refund already paid payments of the customer without delay.
§ 4 delivery, prices, shipping costs
(1) The delivery to the shipping company takes place no later than two days after receipt of payment, if payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. For any divergent delivery times, the seller points to the respective product page.
(2) Delivery is only within the EU.
(3) All item prices include the statutory value added tax. The prices specified are final sales prices plus shipping costs. The customer receives an invoice showing VAT.
§ 5 payment
Payment is paid in advance (PayPal, bank transfer) or by cash on delivery.
§ 6 transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to immediately complain to these errors at the deliverer and contact the seller as soon as possible.
2. The failure of a complaint or contact has no consequences for the statutory warranty rights of the customer, but helps the seller to assert their own claims against the carrier or transport insurance.
§ 7 Materialweschwärma
(1) The provider is liable for material defects in accordance with the applicable legislation, in particular §§ 434 FF BGB.
(2) A guarantee is the goods delivered by the provider only if it has been expressly issued in the order confirmation to the respective article.
(3) You can submit complaints and defect liability claims under the address specified in the provider identification.
§ 8 Retention of title
Until full payment, the delivered goods remain owned by the seller.
§ 9 Liability
The statutory provisions apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer Conditions can see the customer at any time in his customer account. The order data and the terms and conditions are sent to the customer by e-mail. After completion of the order, the order data for security reasons is no longer accessible via the Internet.
§ 11 final provisions
(1) The contract language is German.
(2) On contracts between the seller and the customer, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. This choice of law applies only to consumers, insofar as the protection of the customer granted by compelling provisions of the state of the usual residence of the consumer is not deprived of the customer.
(3) If the customer is a merchant, a legal entity of public law or a public-legitimate special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his residence or his habitual residence is unknown at the time of filing.
Source: Lawyer Metzler - Lawyer for competition law, trademark law and copyright law