1.1Diese General Terms and Conditions of Business (hereinafter referred to as "GTC") of Vorsicht Glas GmbH (hereinafter referred to as "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2Für Contracts for the delivery of vouchers are subject to these terms and conditions unless otherwise expressly agreed.
1.3Verbraucher in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2Der Customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or e-mail.
2.3Der seller can accept the customer's offer within five days,
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4Bei of the submission of an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer after sending his order in text form (e.g. e-mail, fax or letter). The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.
2.5Vor binding submission of the order via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6Für only the German language is available for the conclusion of the contract.
2.7Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1Verbrauchern has a right of revocation in principle.
3.2Nähere Information on the right of revocation results from the seller's revocation instruction.
3.3Das The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.
4.1Sofern unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3Die Payment option(s) is/are communicated to the customer in the online shop of the seller.
4.4Ist If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.1Die Delivery of goods is made by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction.
5.2Sendet the transport company returns the shipped goods to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable period of notice of the service. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3Selbstabholung is not possible for logistical reasons.
5.4Gutscheine are left to the customer as follows:
- by email
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7.1Ist the purchased item is defective, the regulations of the legal liability for defects apply.
7.2Der Customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8.1Schuldet the seller according to the content of the contract in addition to the delivery of goods also the processing of the goods according to certain specifications of the customer, the customer has to provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and to grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
8.2Der customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3Der Seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
If the seller is responsible for the repair of an item belonging to the customer according to the content of the contract, the following applies:
9.1Reparaturleistungen are provided at the registered office of the seller.
9.2Der Seller provides its services at its discretion either in its own person or through qualified personnel selected by it. In doing so, the Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.
9.3Der Customer shall provide the Seller with all information necessary for the repair of the item, provided that the procurement of such information does not fall within the scope of the Seller's obligations according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform the seller of all circumstances that could be the cause of the fault found.
9.4Sofern, the customer shall send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends the customer to take out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately about obvious transport damages, so that the customer can assert any rights he may have against the carrier.
9.5Die Return of the thing takes place at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the goods.
9.6Der Customer may also bring the item to be repaired to the Seller's premises and collect it from the Seller again, if this is stated in the Seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions on the bearing of costs and risk in the case of dispatch and return of the item shall apply accordingly.
9.7Die does not limit the customer's statutory rights in case of purchase of goods from the seller.
9.8Für The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
10.1Gutscheine, which are issued free of charge by the seller within the scope of promotions with a certain period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
10.2Aktionsgutscheine can only be redeemed by consumers.
10.3Einzelne products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.4Aktionsgutscheine can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.5Pro Only one promotion voucher can be redeemed at a time.
10.6Der The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
10.7Reicht the value of the promotion voucher to cover the order, you can choose one of the other payment methods offered by the seller to settle the difference.
10.8Das The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
10.9Der promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
10.10Der Promotional voucher is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
11.1Gutscheine, which can be purchased through the Seller's online shop (hereinafter "Gift Vouchers"), can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
11.2Geschenkgutscheine and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
11.3Geschenkgutscheine can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4Pro Only one gift voucher can be redeemed at a time.
11.5Geschenkgutscheine can only be used for the purchase of goods and not for the purchase of additional gift certificates.
11.6Reicht the value of the gift voucher to cover the order does not exceed the value of the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7Das Credit balances on gift vouchers are neither paid out in cash nor do they bear interest.
11.8Der Gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, incapacity or lack of authorisation to represent the respective owner.
12.1Für all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.2Ferner, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the European Union.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
14.1Die EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2Der Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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