General Terms and Conditions and Customer Information
I Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as a Close provider (DIGITTRADE GmbH) via the website www.digittrade.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart” filed. You can use the corresponding button in the navigation bar to go to the ”shopping cart” and make changes there at any time.
After going to the "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.
As far as you can If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the provider's website of the instant payment system.
Does the Forwarding to the respective instant payment system, make the appropriate selection or enter your data there. You will then be taken back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to check all the information again, to change it (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order via the button ”Order with obligation to pay” declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you . We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing The order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2 ) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly,&rszlig; However, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible . If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above guarantee does not apply Service regulations:
a) Only our own information and the product description of the manufacturer are deemed to be agreed as to the quality of the item, but not other advertising or public promotions and statements made by the manufacturer.
b) In the event of defects, we will provide a warranty, at our discretion, through repair or subsequent delivery. Schlä ;If the defect cannot be remedied, you can either demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
- for culpably caused damage from injury to life, limb or health and for damage caused intentionally or through gross negligence other damage;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items which, in accordance with their usual use for a structure and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights based on defects.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2 ) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or public - are legal special assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are not ready Participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations ”Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online – In the shopping cart system , the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are also to be added by you bear unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutes), which you have to bear. Costs incurred for the money transfer are also to be borne by you in cases where the delivery is made to an EU member state, but the payment is made outside of Europe. European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from 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 offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company not named by the entrepreneur or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment will be made to your Danger.
7. Statutory liability for defects
Liability for defects is based on the ”warranty” in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of the Haendlerbund and are constantly checked for legal conformity. Haendlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/agb-service.
last Updated: 05/24/2018