General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Peter Meenke(haftungsbeschränkt) UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store.
The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed. 1.2A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
An entrepreneur within the meaning 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) Conclusion of contract

2.1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online store.
After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained 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, e-mail, post or online contact form. 2.3The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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. 2.4 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent.
The seller will not make the text of the contract available beyond this.
If the customer has set up a user account in the seller’s online store 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. 2.5Before submitting a binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen.
An effective technical means of better recognizing input errors can be the browser’s magnification function, which enlarges the display on the screen.
The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.6 The German and English languages are available for the conclusion of the contract. 2.7 Order processing and contact are generally 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 the 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) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.
3.2Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT.
Any additional delivery and shipping costs will be indicated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases 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 by 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 funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online store.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.  

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer.
The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. 5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.
This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal.
If the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1If the purchased item is defective, the provisions of statutory liability for defects shall apply. 7.2Notwithstanding the above, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, and
• in the event that the seller has fraudulently concealed the defect.

7.3The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a 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 is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business 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 customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

10) Alternative dispute resolution

10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 10.2The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.