General terms and conditions of business

§ 1. Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the supplier (Ingo Witthuhn) via the website http://drahtseile24.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) As soon as the respective product is placed on our website, we submit to you a binding offer to conclude a contract subject to 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". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data are finally displayed once again on the order summary page. If you use an instant payment system (e.g. PayPal / PayPal Express) as your payment method, you will either be taken to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to the order summary page in our online shop. Before submitting the order, you have the opportunity here to check all details once again, to change them (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", you declare acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, in part on an automated basis. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1)You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until complete settlement of all claims arising from the ongoing business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You remain authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 4 Statutory Warranty

(1) The statutory rights in respect of liability for defects apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements of the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the remedying of the defect fails, you may, at your discretion, demand a reduction of the price or withdraw from the contract. The remedying of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or of the defect or from the other circumstances. In the event of rectification, we shall not be required to bear the increased costs incurred by transferring the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. This shortening of the period does not apply:

- to damage culpably caused and attributable to us arising from injury to life, body or health and to other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items which have been used for a building in accordance with their customary manner of use and which have caused its defectiveness;
- in the case of statutory recourse claims which you have against us in connection with rights in respect of defects.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded 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 relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is brought. The right to bring proceedings before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

End of the General Terms and Conditions.

1. Identity of the Seller

Ingo Witthuhn

Gewerbestraße 18

21279  Hollenstedt

Germany

Telephone: +49 4165 221520

E-mail: info@drahtseile24.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

2. Information on the Formation of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correcting input errors are governed by the provisions on "Formation of the Contract" in our General Terms and Conditions (Part I.).

3.1. The language of the contract is German .

3.2. The full text of the contract is not stored by us. Before submitting the order  the contract data can be printed out using the print function of your browser or saved electronically. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product offer.

5.1. The prices stated in the respective offers as well as the shipping costs constitute total prices. They include all price components including all applicable taxes.

5.2. Any shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.

5.4. Any costs incurred for the transfer of funds (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU Member State but the payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising 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 labelled button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person otherwise designated to carry out the shipment.

If you are a trader/entrepreneur (within the meaning of § 14 BGB, German Civil Code), delivery and shipment are at your risk.

6.3 The shipping costs do not cover any return shipment by the buyer; these costs are to be borne by the buyer.

7. Statutory Liability for Defects

Liability for defects is governed by the provision "Statutory Warranty" in our General Terms and Conditions (Part I).

Last updated: 16.07.2019