General terms and conditions of business
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope and Provider
These general terms and conditions apply to all orders placed in the online shop “www.Kaffee-Sticker.de” or www.Kaffee-sticker.de of DMS GmbH, Bahnhofstraße 11, 21614 Buxtehude.
This online shop is aimed exclusively at buyers who are 18 years of age or older.
All deliveries, services and offers in this online shop are made exclusively on the basis of these General Terms and Conditions. The inclusion of third-party General Terms and Conditions is excluded.
§ 2 Conclusion of Contract
The presentation of goods in the online shop does not constitute an application to conclude a purchase contract. The purchase contract is only concluded when we declare acceptance of the purchase offer (order confirmation) or when we send the goods - without prior express declaration of acceptance.
Orders are only possible in household quantities.
§ 3 Prices
The prices stated on the product pages include VAT. The respective shipping costs are additional.
§ 4 Terms of Payment
Payment can be made either by credit card or PayPal. We are responsible for selecting the available payment methods.
§ 5 Set-off; Right of Retention
The buyer is only entitled to a right of set-off if his counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
A right of retention only exists if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
Deliveries are only possible within Germany.
If not all of the products ordered are in stock, we are entitled to make partial deliveries, provided this is reasonable for you. Any deadlines only begin upon receipt of the last partial delivery.
As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly but have not been delivered correctly or on time (congruent hedging transaction). This is provided that we are not responsible for the lack of availability of the goods and that we have informed the buyer of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our inventory and the goods we have ordered from our suppliers.
§ 7 Retention of Title
(1) The goods remain our property until the purchase price has been paid in full.
(2) In relation to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), an extended retention of title shall be deemed to have been agreed in addition.
§ 8 Cancellation Policy
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a right of withdrawal in accordance with the following provisions:
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods or, in the case of partial deliveries, the last goods. To exercise your right of withdrawal, you must inform us
[DMS-GmbH, Bahnhofstraße 11, 21614 Buxtehude, Email:info@dima-group.de , Fax: 04161-9938019]
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, 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 revocation:
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost 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 handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not exist
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- When delivering goods that can spoil quickly or whose expiration date would be quickly exceeded,
- in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- in the case of the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature or
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 10 Warranty
The legal regulations apply.
The following applies to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB):
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. To meet the deadline, it is sufficient to send the goods on time. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
- In the event of defects, we will provide warranty at our discretion by repairing the goods or supplying a replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.