General Terms And Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Fabfive GmbH) via the website vorzelte-profis.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit to you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option of checking all the details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase.
By sending the order via the button "order subject to payment", you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to 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, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are liable neither for the constant nor uninterrupted availability of the website and the service offered there.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action 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 shall expressly not apply.
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II. customer information
1. identity of the seller
Vorzelte-Profis
FABFIVE GmbH
represented by the Managing Director Beric Schwarzhaupt
Langstr. 51-53
63450 Hanau
Germany
Telefon: 06181257350
Telefax: 06181257350
E-Mail: info@vorzelte-profis.de
USt-IdNr.: DE304656552
Registered in the Commercial Register of the Hanau Local Court
Commercial register number HRB 96794
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr.
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 § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3.
3.3 In the case of quotation requests outside the online shopping basket 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 services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and payment terms
5.1 The prices listed in the respective offers as well as 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 to be borne by you in addition, unless free delivery has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
Supplementary General Terms and Conditions for instalment purchase by easyCredit
1. scope of application and general terms of use
The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which ratenkauf by easyCredit (hereinafter referred to as instalment purchase) is used. In the event of a conflict, the supplementary GTC take precedence over any other General Terms and Conditions of the merchant. An instalment purchase is only possible for customers who are consumers pursuant to Section 13 of the German Civil Code (BGB) and have reached the age of 18.
2. hire purchase
With the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as TeamBank AG), the retailer offers you the option of payment by instalments as a further payment option for your purchase. The merchant reserves the right to check your creditworthiness. For further details, please refer to the payment by instalments data protection notice in the order section. If the use of hire purchase is not possible due to insufficient creditworthiness or if the merchant's turnover limit is reached, the merchant reserves the right to offer you an alternative payment option. The contract for an instalment purchase is concluded between you and the merchant. No payment is made, but with the instalment purchase you decide to pay off the purchase price in monthly instalments. Monthly instalments are to be paid over a fixed term, whereby the final instalment may differ from the previous instalments. Ownership of the goods remains reserved until full payment has been made. The receivables arising from the use of hire purchase are assigned by the trader to TeamBank AG within the framework of a current factoring contract. Payments can only be made to TeamBank AG with debt-discharging effect. Apart from the general trade supervisory authority, the trader is not subject to any supervision by a supervisory authority. Complaints can be sent to the merchant by letter or e-mail. 3.
3. payment by instalments via SEPA direct debit
With the SEPA direct debit mandate issued with the purchase by instalments, you authorise TeamBank AG to collect the payments to be made through the purchase by instalments from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. The collection will take place at the earliest on the date specified in the pre-notification/advance notice. A later, more timely collection may be made. If a reduction in the purchase price amount occurs between the Pre-Notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the Pre-Notification.
You must ensure that there are sufficient funds in your current account at the time of the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in your current account. If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the direct debit is returned due to circumstances for which you are not responsible. TeamBank AG may claim any costs charged by your bank to TeamBank AG for a return debit note for which you are responsible as damages and you must reimburse these costs. You reserve the right to prove to TeamBank AG that you have suffered less damage or none at all. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or interest on arrears at a rate of five percentage points above the base rate of the European Central Bank for each reminder. Due to the high costs associated with a return debit note, we ask you not to object to the SEPA debit note in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the merchant by transferring back the corresponding amount or by issuing a credit note.
6. delivery conditions
6.1 The terms of delivery, the delivery date as well as 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 sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. statutory liability for defects
7.1 The statutory rights of liability for defects apply.
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 carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: http://www.haendlerbund.de/agb-service.
last update: 10.09.2022