General terms and conditions
1 Subject matter of the contract and conclusion of the contract
1.1 The following General Terms and Conditions apply exclusively to the business relationship between Ralf Kötter, Hermannstraße 11, 32052 Detmold, (hereinafter referred to as the "Contractor") and the Client, which is established via the Contractor's online shop. The parties agree on the following contractual services:
a) The Contractor shall sell, deliver and transfer to the Client, for a fee, the specified contractual objects that the Client has selected in the online shop.
b) The Contractor shall produce the specified contractual objects for the Client and deliver them to the Client.
1.2 The contract is concluded via the online shop as follows: The Client can specify the products and first place them in the shopping cart without obligation and correct their entries before sending their binding order by using the correction aids provided and explained in the ordering process. By clicking on the order button that concludes the ordering process, the Client submits a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order takes place immediately after sending. The Contractor can accept the offer by
- sending a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation by the Client is decisive,
- delivering the ordered goods, whereby the Client's access is decisive in this respect,
- asking for payment after placement of the order.
A payment request also occurs when the bank details are communicated to the client or the client is forwarded to a payment service provider. If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives to acceptance occurs first.
1.3 The contract text is stored by the Contractor and will be sent to the Client by email together with the included GTC.
2 Delivery conditions
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2.1 Unless otherwise specified or agreed, delivery shall take place within 12 weeks. The deadline for the delivery begins with payment in advance on the day after the payment order has been issued to the transferring credit institution or in the case of other forms of payment, the day after the contract is concluded and ends at the end of the last day of the deadline. If the deadline for delivery falls on a Saturday, Sunday, or a local public holiday, it will be postponed to the next business day.
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2.2 For clients who are entrepreneurs, the following applies: The delivery of the goods – unless otherwise agreed - takes place ex works or in the Contractor's warehouse. In this case, the risk of accidental loss and accidental deterioration of the contractual delivery items shall pass to the Client upon handover to the Carrier. The choice of shipping method and shipping route is made by the Contractor.
2.3 The Client is obliged to provide the Contractor with all necessary information and materials for the execution of the contract. Delay of this transmission by the Client or by third-party companies involved in the project also entails a corresponding delay in an agreed delivery date. The Contractor shall inform the Client accordingly of the delay.
2.4 The Contractor is not liable for the impossibility of delivery or service or for delivery delays, insofar as these have been caused by force majeure or other events that are not foreseeable at the time of the conclusion of the contract and for which the Contractor is not responsible. If such events significantly complicate the delivery or service or make it impossible and the hindrance is not only temporary, the Contractor is entitled to withdraw from the contract. If there are obstacles of a temporary nature, delivery or performance deadlines may be extended or the delivery or performance dates postponed by the period of the delay plus a reasonable start-up period.
2.5 Insofar as the Client cannot be expected to accept the delivery or service due to the delay, he may withdraw from the contract by immediate declaration in text form to the Contractor.
2.6 The Contractor reserves the right of ownership or exclusive right of use to all submitted offers and cost estimates as well as other documents that have been made available to the Client, provided that no transfer of ownership or transfer of corresponding rights has been agreed. The Client may not make these documents accessible to third parties, reproduce them, disclose them, or use them themselves or by third parties without the Contractor's consent. The Client is obliged to return these documents to the Contractor upon request and to destroy copies made if they are no longer required in the context of the business relationship.
2.7 For the duration of a delay in acceptance by the Client, the Contractor is entitled to store the goods at the Client's risk and expense. The Contractor may also use a forwarding agent or warehouse keeper for this purpose. The storage costs are invoiced at a flat rate of 1% of the net invoice value of the stored goods per month, but no more than EUR 50.00. The Contractor is entitled to actually prove and invoice higher costs. The Client is entitled to prove that no or lower storage costs have been incurred.
2.8. If the Client is in default of acceptance, the Contractor has the right to use the goods themselves, after the Contractor has unsuccessfully set the Client a reasonable period for collection.
3 Prices and payment
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3.1 The Client undertakes to pay the Contractor the remuneration agreed in the online shop or specifically by the parties. The remuneration is inclusive of delivery and incl. the statutory VAT. The parties agree on payment in advance by the means of payment specified in the online shop. Other payment arrangements can be agreed.
3.2 The statutory provisions regarding the consequences of late payment apply.
3.3 For clients who are entrepreneurs, the following applies: If a delivery date is more than four months after the conclusion of the contract, the Contractor is entitled to increase the prices appropriately and to adjust the prices to changed price bases (material, wages, etc.). The prices valid on the day of delivery then apply.
4 Changes
4.1 If the parties agree on services in accordance with Section 1.1 b), both contracting parties are entitled to request that the other contracting party advises and negotiates changes or technical detailed specifications, stating important reasons.
4.2 If the Client wishes to make changes, the Contractor will check the resulting expense against separately agreed remuneration, as well as whether the desired change is feasible, and then inform the Client about which changes are expected, in particular with regard to the costs.
4.3 If no agreement is reached on a change request, the parties will, insofar as they do not make any other agreement, implement the project in the current version.
4.4 Requests for changes affect the production period and the Contractor is entitled to extend or shorten an agreed delivery time at its own discretion and taking into account the interests of the Client.
5 Acceptance
5.1 If the parties agree on work services in accordance with Section 1.1 b), the following conditions of Section 5 apply: The Contractor shall indicate that the project results are ready for acceptance by handing them over to the Client.
5.2 The Client will immediately examine the project results after handover and test whether they are essentially in accordance with the contract. The Client will immediately inform the Contractor of any defects.
5.3 If the project results essentially correspond to the contractual provisions, the Client declares acceptance. This declaration is made in text form by means of a release note.
5.4 If no detailed written notice of defects of not insignificant defects is received within a period of 2 weeks after handover of the project results, the delivered project results are deemed to have been accepted or released. Vacation periods do not interfere with these regulations.
5.5 The Client is not entitled to the rights under the warranty for defects that were known to the Client at the time of acceptance, that would have been obvious during a proper initial examination or that were otherwise not known through negligence to the Client or that were not reported by the Client.
6 Retention of title
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6.1 In relation to the Contractor who is not an entrepreneur, the Contractor shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 The following applies to the Client, who is an entrepreneur:
6.3 The goods delivered by the contractor to the client remain the property of the contractor until all secured claims have been paid in full. The goods, and goods falling under the reservation of title and taking the place of the same according to this clause, shall be called hereinafter reserved-title goods.
6.4 The Client shall store the reserved goods free of charge for the Contractor.
6.5 The Client is entitled to process and sell the reserved goods in the ordinary course of business until the occurrence of an enforcement event. Pledges and transfers of ownership by way of security are inadmissible.
6.6 If the reserved goods are processed by the client, the processing takes place in the name and for the account of the contractor and the contractor directly acquires ownership or - if the processing takes place from materials from several owners or the value of the processed item is higher than the value of the reserved goods - that acquires co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of property should occur with the Contractor, the Client hereby transfers his future ownership or – in the aforementioned relationship – co-ownership of the newly created item to the Contractor as security. If the reserved goods are united with other items to form a single object or are inseparably mixed and if one of the other items is to be considered as the main object, the Seller transfers, in so far as the main object belongs to him, pro rata ownership of the co-owned property to the Customer in the proportion mentioned in clause 1.
6.7 In the event of the resale of the reserved goods, the client assigns the resulting claim against the purchaser as security - in the case of the contractor's co-ownership of the reserved goods, proportionately in accordance with the co-ownership share - to the contractor. The same applies to other claims which are replaced by the reserved goods or otherwise arise with regard to the reserved goods, such as, for example, insurance claims or claims arising from tortious acts in the event of loss or destruction. The Contractor revocably authorizes the Client to collect the claims assigned to the Contractor in his own name for the account of the Contractor. The Contractor may only revoke this direct debit authorization in the event of enforcement.
6.8 If third parties access the reserved goods, in particular through seizure, the client will immediately point out that they are the property of the contractor and inform the contractor of this in order to enable him to enforce his property rights. Insofar as the third party is not in a position to reimburse the Contractor for the legal or out of court expenses incurred in this connection, this shall be the responsibility of the Client towards the Contractor.
6.9 The Contractor shall release the reserved goods and the items or claims replacing them upon request at his discretion, insofar as their value exceeds the amount of the secured claims by more than 10%.
6.10 If the Contractor withdraws from the contract in the event of breach of contract by the Client - in particular default in payment – (enforcement event), the Contractor is entitled to demand that the reserved goods be withdrawn.
7 Liability for material defects
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7.1 The statutory provisions apply to the Client's rights in the event of material and legal defects, unless otherwise specified below.
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7.2 Insofar as the Client is not an entrepreneur, the following applies: The limitation period for claims for defects for used items is one year, whereby grossly negligent and intentionally caused damages, as well as damages from injury to life, limb and health and damages based on a negligent breach of duty, as well as damages due to a violation of essential contractual obligations, are expressly not covered by the shortening of the statutory limitation period. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. Section 8 applies accordingly.
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7.3 Insofar as the Client is an entrepreneur, the following applies:
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7.3.1 The warranty period is one year from delivery or, in the case of contracts in accordance with Section 1.1 b), from acceptance.
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7.3.2 The delivered items in accordance with Section 1.1 a) are in accordance with § 377 HGB immediately after delivery to the Client or to the third party designated by him. They are deemed to have been approved if the Contractor has not received a notice of defects in text form with regard to obvious or other defects that were recognizable during an immediate and careful examination, immediately after delivery of the delivery item or otherwise immediately after the discovery of the defect or the time at which the defect was recognizable to the Client without further examination during normal use of the delivery item.
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7.3.3 In the event of material defects, the Contractor is initially obliged and entitled to supplementary performance at his discretion for rectification or replacement delivery. Supplementary performance shall be deemed as failed after the second unsuccessful attempt. In the event of the failure, i.e. in particular the impossibility, impracticality, refusal or unreasonable delay in reworking delivered goods or delivering replacement goods, the Client shall be entitled to withdraw from the contract or reduce the purchase price appropriately.
8 Liability
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8.1 Liability is excluded for damages to legal interests other than life, limb or health, insofar as the damages are not based on intentional or grossly negligent conduct of the Contractor, one of his legal representatives or one of his vicarious agents and the conduct is also not a violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
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8.2 In any case, the user is also obliged to limit the damage. This includes the timely notification of damages in the context of further damage minimization.
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8.3 The aforementioned exclusions and limitations do not apply in the event of the assumption of explicit guarantees by the Contractor as well as in the event of claims due to the lack of guaranteed properties or claims under the Product Liability Act.
9 Consumer's right of withdrawal
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Right of withdrawal
You are entitled to revoke this contract within 30 days, without stating any reasons. The cancellation period is 30 days from the day that you, or any third party authorized by you other than the carrier, have or has accepted delivery of the final item(s) of your order.
In order to exercise your right of withdrawal, you must inform me (Ralf Kötter, Hermannstraße 11, 32052 Herford, Tel.: 0157 70269970, Email: info@enfindesign.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached pro forma cancellation notice for this purpose, but this is not required. You can also fill in and submit the model withdrawal form or another clear statement electronically on our website http://www.preiswertepc.de/versand-und-zahlungsbedingungen. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email). In order to comply with the revocation period, it is sufficient for you to send the notice about your intent to exercise your right of revocation before the expiry of the defined revocation period.
Consequences of withdrawal
If you withdraw from this contract, we shall refund all payments received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. The refund shall be issued to the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first. You must return or hand over the goods to us immediately, in any event no later than 14 days from the date on which you notified us that you were canceling this contract. The deadline is met if you send the items back before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Note
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Withdrawal form
If you would like to withdraw from the Contract, please complete this form and return it to us.
To Ralf Kötter, Hermannstraße 11, 32052 Herford, Email: info@enfindesign.com:
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• I/We (*) hereby give notice of revocation from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)
• ordered on (*) / received on (*):
• Consumer's name:
• Consumer address:
• Consumer signature(s) (only required for notices provided by post or fax):
• Date:
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(*) Delete as appropriate
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10 Other provisions
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10.1 The legal relations between the Client and the Contractor are exclusively subject to the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to a consumer only in so far as no compulsory statutory provisions of the state in which he is domiciled or habitually resides are restricted.
10.2 The Contractor may designate the Entrepreneur Customer as a reference customer after conclusion of the Contract. The Contractor has the right to use this customer name as a reference for advertising purposes. This also applies to advertising on the Internet. In addition, press releases require the approval of the text.
10.3 If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Contractor. The same applies if the Client does not have any general place of jurisdiction in the Federal Republic of Germany or if the Client's permanent residence or habitual residence is not known at the time the claim is filed.
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10.4 The contract language is German.
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10.5 The EU Commission provides a platform for out-of-court dispute resolution. The platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. The e-mail address in this context can be found in the imprint of the Client's website.