Terms and consumer information
§ 1 General Provisions
(1) The following terms and conditions apply to all contracts between DIGITTRADE GmbH, Ernst Thälmann Straße 39, 06179 Teutschenthal, Germany and the customers, on the providers website www.digittrade.de. Unless otherwise agreed, the inclusion of the customers own conditions are contradicted.
(2) A consumer according to the following rules is any natural person who enters into a transaction for a purpose that cannot be attributed by neither commercial nor their independent professional activity. Entrepreneur is any natural or legal entity or a legal partnership that in concluding a contract is part of their professional or commercial activity.
(3) Contract language is German. The full text of the contract is not stored by the provider. Before sending the order through the Online – shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After the supplier receives the order, the order data, the information required for distance contracts and the terms and conditions will be sent to the customer again via email.
In Requests, e.g. by phone, sent by email, fax, in writing or via an integrated request form on the website to the vendor, the customer receives all contract data in a binding offer sent via email, which the customer can print or save electronically.
§ 2 Object of the contract
The object of the contract is the sales of goods. The details, in particular the essential features of the product are found in the article description and the complementary information on the Internet site of the supplier.
§3 Conclusion of contract
(1) The product representations of the supplier on the Internet are non-binding and no binding offer to conclude a contract.
(2) The customer can give a binding purchase offer (order) via the online shopping cart system.
Here, the proposed purchase of goods is stored in the “cart”. Using the appropriate button in the navigation bar, the customer can open the “shopping cart” and then make changes at any time. After calling up the page “Checkout” and entering your personal data as well as the payment and shipping terms find your order data are finally again displayed on the order summary page.
Before submitting the order, the customer has the opportunity here to check all the details again, to change them (even using the “back” button of the Internet browser) or cancel the purchase. By sending the order using the “buy” button, the customer makes a binding offer to the provider.
The customer will receive an upfront automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and the contract) is sent either by confirmation in writing (e.g. email), in which the customer will be informed of the processing of the order or delivery of goods or it is confirmed by delivering the goods. Should the customer not have an order confirmation or notice of the shipment or does not have the goods within 5 days, he is no longer bound by his order. In this case, the services rendered will be immediately returned when appropriate.
(4) Requests by the customer to purchase goods or for individual quotations outside the Online – shopping cart system, for example, by phone, sent by email, fax, in writing or via an integrated request form on the website to the seller are non-binding for the customer. The provider shall submit to the client, for this purpose an offer in writing (e.g. by email), which the customer can accept within 5 days.
(5) The execution of the order and delivery of all required information in connection with the contract takes place via email (partially automated). The customer must ensure, therefore, that the email address that the provider has from him is correct, the receiving of emails is technically ensured and is not particularly inhibited by SPAM filters.
§ 4 Prices, Shipping
(1) Prices and the shipping costs in the respective offer are final. They include all price components including all applicable taxes. If the delivery takes place in the non-EU countries, additional duties, taxes or fees may need to be paid by the customer, but not to the seller but to the relevant customs and tax authorities. The customer is advised to check the details with the customs and tax authorities before placing his order.
(2) The shipping costs are not included in purchase price. They are visible on the page “Shipping and payment”, will be shown during the ordering process separately and are payable in addition by the customer, unless free shipping is confirmed.
(3) In accordance with § 19 UStG VAT is not included in the bill.
§ 5 Payment and shipping conditions
(1) The terms for payment and shipping are available in the same named button in the navigation.
(2) If not otherwise stated in the payment method, the payment entitlements deriving from the contract are to be paid immediately.
(3) Should one product ordered by the customers not be available against expectation in spite of due deal of an adequate covering transaction for reasons not to be represented by the supplier, the customer is immediately informed about the non-availability and is in case of resignation refunded possibly already made payments immediately.
(4) For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the goods during the shipment is transferred at the time of the delivery of the goods to the customer, regardless of whether the shipment is insured or uninsured. For entrepreneurs, the delivery and dispatch takes place at own risk.
§ 6 Retention of title
(1) The customer can only use a retention right, as far as it concerns demands from the same contractual relationship.
(2) The goods are property of the seller until full payment of the purchase price has been made.
(3) If the customer is a company, in addition the following:
a) The seller retains title to the goods until full payment of all claims from the current business relationship. Before transfer of ownership of the goods a pledge or security conveyance is not allowed.
b)The customer can resell the goods in the course of ordinary business. In this case, you already own all claims in the number of invoices that will accrue from the sale to which the assigned seller accepts. They are also authorized to collect the debt. Unless you properly meet your financial obligations, the seller is at least reserved the right to collect the debt himself.
c) In combination and mixing of the goods, the seller acquires ownership of the new object in proportion to the invoice value of the goods purchased at the time of processing.
d) The seller agrees to release the securities as per the customer´s request insofar as the realizable value of the collateral exceeds the seller’s claims for it to be secured by more than 10%. The selection of collateral securities is reserved for the seller.
§ 7 Warranty
(1) The statutory provisions.
(2) As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform the seller and the carrier of them as soon as possible. If the customer does not follow the procedures it does not affect the customers statutory warranty claims.
(3) If the customer is a business, by derogation from paragraph 1:
a) The products shall have no other information, description, advertising, promotions, and publicity statements on them except those from the seller and manufacturers as agreed upon.
b)The customer is required to inspect the goods promptly and with due attention for quality and quantity variances and obvious defects within 7 days from receipt and contact the seller (by postal mail, email, fax or phone). This equally applies to hidden defects found or discovered later. Warranty claims are excluded in case of violation of investigation and reprimand assertion.
c) In case of defects, the seller has the option to either repair or replace the item. If repair fails twice, the customer may ask for a change or cancellation of the purchase. In case of repair, the seller must not incur any extra costs by shipping the repaired item to a location different from that to which it was originally delivered to.
d) The warranty period is one year from date of delivery. The one-year warranty period shall not apply to the seller at fault, attributable to damage caused from the loss of life, bodily harm or health and grossly negligent or intentionally caused damage or bad faith of the seller, as per recourse under Sec. 478, 479 of BGB.
§ 8 Liability
(1)The Supplier is fully liable for damages arising from injury to life, limb or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, by taking over the guarantee for the quality of the purchased goods, in case of damages according to the product liability law, and in all other cases established by law.
(2) If material contractual obligations are concerned, the liability of the provider for ordinary negligence to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach would compromise the achievement of its purposes and duties that the contract imposed on the provider to its content for purpose of the contract, which makes the proper execution of the contract would not be possible make and on which the customer can rely.
(3) When a violation of minor contractual obligations is excluded liability for slight negligence.
(4) The data communication over the internet, considering the current state of the art cannot be guaranteed error free and / or available at all times. The provider is liable to the extent either for the continuous still uninterrupted availability of the Website and the offered service.
§ 9 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only, provided such action afforded by mandatory provisions of the law of the country of habitual residence of the consumer protection is not withdrawn (favorability).
(2) Performance for all services from existing business relationships with suppliers and jurisdiction is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public special assets. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The power, to the court of another jurisdiction remains unaffected.
(3)The provisions of the UN purchasing law specifically do not apply.
Right to return
(Consumer is any natural person who enters into a transaction for a purpose that can be attributed neither commercial nor their independent vocational activity)