General Terms and Conditions of Business
General Terms and Conditions of Business
- 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the company X47 GmbH, represented by the Managing Director, Mr Matthias Büttner, Hartmanns Au, 10, 66119 Saarbrücken, X47(at)X47 Dot com, 0049-681-9672440, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
- 2 Entering into the Agreement
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on the button “order subject to payment”, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad if they exceed a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
- 3 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
- 4 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred.
(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (delivery costs).
- 5 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You may pay the purchase price and the shipping costs at your discretion only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
- 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
- 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the articles.
- 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – insofar as not otherwise regulated in para. 3 – in the event of a breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
- 9 Copyrights
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
- 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us, the company X47 GmbH, represented by the Managing Director, Mr. Matthias Büttner, Hartmanns Au, 10, 66119 Saarbrücken, X47(at)X47 Dot com, 0049-681-9672440
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.x47.de. If you make use of this option, you will be informed by e-mail. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded.
- Contracts for 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.
- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
- Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be supplied at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence.
- Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
- Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
- Contracts for the supply of goods whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.
Standard cancellation form
(If you wish to cancel the contract, please complete and return this form).
Company X47 GmbH, represented by the managing director, Mr. Matthias Büttner, Hartmanns Au, 10, 66119 Saarbrücken, X47(at)X47 Dot com, 0049-681-9672440
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.