General terms and conditions
AGB created via the generator of Deutsche Anwaltshotline AG
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
Represented by Miguel, Vigo Garcia
Address: Jeverländerweg 15, 21129 Hamburg, Germany
Tel: (+49) 152 06394271
E-mail address: firstname.lastname@example.org
hereinafter referred to as the supplier, the contract is concluded.
Subject of the contract
This Agreement regulates the sale of new and used goods and services in the field(s) of fully automatic coffee machines via the Provider’s online store. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and e-mail. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the supplier can then accept.
The order process to conclude the contract includes the following steps in the store system:
- Selection of the offer in the desired specification (size, color, quantity).
- Inserting the offer into the shopping cart
- Pressing the ‘Checkout’ button
- Enter the billing and shipping address
- Selection of the payment method
- Review and processing of the order and all inputs
- Pressing the button ‘order with costs’.
- Confirmation email that order has been received
In addition to the store system, orders can also be placed via remote means of communication (telephone/email), whereby the ordering process for the conclusion of the contract includes the following steps:
- Calling the order hotline / sending the order mail
- Confirmation email that order has been received
With the sending of the order confirmation the contract is concluded.
The contract is concluded for an indefinite period.
Retention of title
Until full payment, the delivered goods remain the property of the provider.
The supplier reserves the right to provide a service equivalent in quality and price. The service shown in the store is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in case of unavailability.
Prices, shipping costs, return shipping costs
All prices are final prices and include the statutory value added tax (VAT). In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is shipped. If a right of revocation exists and is exercised, the customer shall bear the costs of the return shipment.
Terms of payment
The customer has only the following options for payment: advance bank transfer , payment service provider (PayPal) , cash payment at pickup . Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account indicated there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. When using an escrow service/payment service provider, the escrow service provider enables the provider and customer to process the payment between each other. In this process, the escrow service/payment service provider forwards the customer’s payment to the provider. For more information, please visit the website of the respective escrow service/payment service provider. The invoice amount can also be paid in cash, deducting the shipping costs charged, at the Provider’s business premises during normal office hours.
The customer is obliged to pay or transfer the stated amount to the account indicated on the invoice within 7 days after receipt of the invoice.
Payment is due from the date of invoice without deduction. After the expiry of the payment deadline, which is thus determined by calendar, the customer is in default even without a reminder.
A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
Offsetting with claims of the customer is excluded, unless these are undisputed or legally established.
The goods will be shipped immediately after confirmed receipt of payment.
The shipment takes place on average after 4 days at the latest. The entrepreneur undertakes to deliver on the 4th day after confirmed receipt of payment.
The standard delivery time is 3 days, unless otherwise stated in the item description.
The supplier will ship the order from its own warehouse as soon as the entire order is in stock there.
The customer will be informed about delays immediately.
If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (GTC).
If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
The supplier is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur.
If the customer is a consumer, the warranty period for used goods is limited to one year.
This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in case of shipment upon delivery of the goods to the selected service provider for this purpose.
Right of withdrawal and customer service
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day,
- In the case of a purchase contract: on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
- In the event of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods.
- In the event of a contract for the delivery of goods in several partial consignments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece.
- In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.
If several alternatives coincide, the last point in time is decisive.
To exercise your right of withdrawal, you must inform us (Servicecenter-Hamburg, Miguel Vigo Garcia, Jeverländerweg 15, 21129 Hamburg Hamburg +491627545762 email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Servicecenter Hamburg, Miguel Vigo Garcia, Jeverländer Weg 15, 21129 Hamburg (+49)15206394271, firstname.lastname@example.org us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the provider, if the customer makes a claim for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Prohibition of assignment and pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has proven a legitimate interest in the assignment or pledge.
Language, jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident.
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the legal provisions. The Provider shall not disclose any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with. The data provided by the customer by way of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the execution of the contract and only for the purpose for which the customer has provided the data. The data will be disclosed only to the extent necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution commissioned with the payment. If the provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years. During the visit to the Internet store of the provider, anonymized data that do not allow and do not intend to draw conclusions about personal data, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Servicecenter-Hamburg, Miguel Vigo Garcia Jeverländerweg, 15, Hamburg, (+49)15206394271, email@example.com.
The invalidity of any provision of these GTC shall not affect the validity of the other provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODR REGULATION
The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/ find.
Note according to § 36 para. 1 No. 2 VSBG: We would like to point out that we are not available for participation in dispute resolution proceedings before a consumer arbitration board.”