TERMS AND CONDITIONS
TERMS AND CONDITIONS
General terms of business and customer information
I. General terms of business
§1 basic regulations
(1) The following terms of business are valid for all contracts which you close with us as a supplier (HERTZ silk manufature Ltd) about the Internet site silkcouture.searcharound24.de. Untill differently agrees, it is contradicted the inclusion if necessary by you of used own conditions.
(2) Consumer for the purposes of the following regulations is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser is every natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her independent professional or commercial activity.
§2 realisation of the contract
(1) The object of the contract is the sales of goods.
(2) Already with the adjusting of the respective product on our Internet site we present to you an obliging offer for the end of a bill of sale to the conditions given in the article description.
(3) The bill of sale comes about about the online goods basket system as follows:
The goods deliberate for the purchase are filed in the "goods basket". About the suitable button in the navigation bar you can call the "goods basket" and carry out changes there any time.
After calls of the side "cash" and the input of the personal data as well as the payment and dispatch terms all order data on the order overview side are indicated finally again.
As far as you use an immediate number system (e.g., PayPal / PayPal to express train / PayPal plus, Amazon-Payments, Postpay, immediate transfer as a payment kind), you are led either in our online shop on the order overview side, or you are passed on first on the Internet site of the supplier of the immediate number system.
If the forwarding occurs to the respective immediate number system, take there the suitable choice or input of your data before. Finally you are escorted back in our online shop on the order overview side.
Before sending the order you have the possibility to check again here all information to change (to break off also about the function "back" of the Internet browser) or the purchase.
With sending the order about the button „liable to payment order“ you explain obligatorily the acceptance of the offer by which the bill of sale comes about.
(4) Their inquiries for the production of an offer are non-binding for you. We present to you moreover an obliging offer in text form (e.g., by e-mail) which you can accept within 5 days.
(5) The winding up of the order and transmission of all information necessary in connection with the contract end occurs by e-mail partly automatically. Therefore, they have to make sure that from you with us deposited e-mail address is appropriate, the receipt of e-mails is technically guaranteed and is prevented in particular not by spam filter.
§3 retention right, retention of title
(1) You can use a retention right only, as far as it concerns demands from the same contractual relationship.
(2) The product remains up to the entire payment of the purchase price our property.
(1) We stick in each case without limitation for damages from the injury of the life, the body or the health. Further we stick without restriction in all cases of the intention and coarse carelessness, with cunning concealment of a lack, by takeover of the guarantee for the state of the purchase object and in all other legally regulated cases.
(2) The liability for defects within the scope of the legal guarantee is directed after the suitable regulation in our customer information (part II).
(3) Provided that essential contract duties are concerned, our liability is limited with light carelessness to the predictable damage typical for contract. Essential contract duties are essential duties which arise from the nature of the contract and their injury would endanger the reaching of the contract purpose as well as duties which the contract imposes on us after his contents for the reaching of the contract purpose whose fulfilment the proper realisation of the contract may make generally only possibly and trust regularly in their observance you.
(4) By the injury of inessential contract duties the liability is excluded by slightly careless duty injuries.
(5) The data communication on the Internet can be guaranteed according to the present state of the technology not perfectly and/or any time available. We stick in this respect neither for the constant nor uninterrupted availability of the web page and the service offered there.
§5 legal choice, place of fulfilment, legal venue
(1) It is worth German right. With consumers this legal choice is valid only, as far as through this by compelling regulations of the right of the state of the usual stay of the consumer lasted protection is not taken away (Günstigkeitsprinzip).
(2) Place of fulfilment for all achievements from the business relations existing with us as well as legal venue is our seat, as far as you are not consumers, but businessman, legal entity of the public right or public law special property. The same is valid if you have no general legal venue in Germany or the EU or the residence or usual stay is not known at the time of the complaint elevation. The competence to go also to the court in another legal legal venue remains untouched from this.
(3) The regulations of the UN-purchase right expressly find no application.
II. Customer information
1. Identity of the shop assistant
HERTZ Silk Manufacture GmbH
Aachen street 39
The European Commission provides a platform for the extrajudicial online quarrel settlement (Os platform), callable on under http://ec.europa.eu/odr.
2. Information about the realisation of the contract
The technical steps to the contract end, the contract end and the correction possibilities occur in accordance with §2 of our general terms of business (part I.).
3. Vertragssprache, contract text storage
3.1. Vertragssprache is German.
3.2. The entire contract text is not stored by us. Before sending the order about the online – goods basket system the contract data about the pressure function of the browser can be printed out or be protected electronically. After access of the order with us the order data, the legally prescribed information are sent with distant sales contracts and the general terms of business again by e-mail to you.
3.3. With offer inquiries beyond the online goods basket system you receive all contract data within the scope of an obliging offer by e-mail sent which you can print out or protect electronically.
4. Essential signs of the product or service
The essential signs of the product and/or service are found in the article description and the complementary information on our Internet site.
5. Prices and methods of payment
5.1. The prices cited in the respective offers as well as the forwarding expenses show whole prices. They contain all prize components including all attacking taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective item description, are shown separately during the ordering process and are to be borne by you additionally, unless the free delivery is promised.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective article description.
5.4. Unless otherwise stated for the individual payment methods, the payment entitlements under the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment will not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Liability for Defects
7.1. There are statutory liability rights for defects.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Merchant Association, which specialise in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information is available at: http://www.haendlerbund.de/agb-service.
last update: May 9, 2016
Alternative dispute resolution in accordance with Art. 14 sec. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR) which you can https://ec.europa.eu/consumers/odr Find. We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.