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General Terms And Conditions

General terms and conditions for end customers
1. validity of the conditions
2. conclusion of contract
3. prices, shipping costs and trade-in
4. terms of payment
5. terms of delivery, transfer of risk
6. reservation of self-supply
7. inspection of the delivery, complaints, defects
8. retention of title
9. warranty for material defects, liability for damages
10. withdrawal from the contract
11. final provisions

II Supplementary information on distance selling
1. technical steps for the conclusion of the contract
2. contract text storage/printing
3. possibility of correction
4. code of conduct
5. information on the existence of a statutory liability for defects
6. information on online dispute resolution according to Art. 14 of EU Regulation No. 524/201
7. alternative dispute resolution

1. validity of the conditions

1.1 All conclusions of a contract in the context of the remote paragraph between you and, owner Matthias Falkenberg e.K., Thesdorfer way 112, 25421 Pinneberg, are the basis these general trading conditions in their version valid at the time of the order. From you with the order used purchase conditions is contradicted already now, as far as we agree nothing deviating with you.

1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom we enter into a business relationship and who act in the exercise of a commercial or self-employed professional activity.

2. conclusion of contract

2.1 Our offers provided for distance selling do not represent a binding offer, but a non-binding invitation to you to order goods from us by online order, telephone or fax. When ordering online, you place a binding order for the items you have previously placed in the shopping cart by clicking on the button "order for a fee". After receipt of your order, we will confirm it immediately by e-mail or fax, in which the details of the order are listed and the contract information/agreement terms are included (order confirmation). This order confirmation does not constitute an acceptance of your online offer.

2.2 A sales contract, i.e. the binding acceptance of the order with you, is only concluded with the express acceptance of the order in text form (confirmation of dispatch by letter, fax or e-mail) or delivery of the goods to you. In this respect we are entitled to accept your contract offer within 5 days after receipt of the order. If we do not accept your contract offer and you have already made payment, we will of course reimburse you.

2.3 The contract is concluded in German language with the company

Owner: Matthias Falkenberg e.K,

Thesdorfer way 112,

25421 Pinneberg

2.4 Since the conclusion of the contract and the further order processing with you is carried out by e-mail (e.g. order confirmation), you are obliged to ensure that the e-mail address you have provided for order processing is activated, so that e-mails sent to you for order processing are also received. In particular, if you use spam filters, you must ensure that the order confirmation, as well as all other e-mails sent to you with the order processing, can be delivered to you. In the course of order processing, we may pass on your e-mail address to the shipping company for the purpose of delivery notification.

3. prices, shipping costs and trade-in

3.1 The minimum order value is 50 Euro.

3.2 All prices stated are total prices in Euro (EUR) and include the statutory value added tax valid in Germany. Discounts are not granted. There are no packaging costs. You will find the costs for shipping in the respective product presentation under Shipping or under the extra button "Delivery, Shipping, Payment">Delivery, Shipping, Payment".

3.3 In the case of cross-border deliveries outside the European Community (e.g. to Switzerland), further costs may be incurred - depending on the legal regulations applicable there - such as additional taxes and/or duties, for example in the form of customs duties. These costs are not additional shipping costs, so that these are to be borne by you. If necessary, please inform yourself at the responsible customs authorities of your country before ordering abroad.

3.4 If a delivery to the address you have given us is not possible, e.g. because the address information was incorrect, we can charge you the costs for the unsuccessful delivery. This does not apply in cases in which you are not responsible for the impossibility of delivery, but were only temporarily prevented from accepting delivery.

3.5 If you have purchased a new item from us and send us your defective item of the same type at our expense, you will be credited 20.00 euros to your bank account immediately after receipt of the item and after expiry of the cancellation period for the purchased new item by way of a trade-in, provided this option is offered in the item. With the credit note the property of your old article is transferred to us. Please inform us of your bank details in good time. If you make use of your right of revocation after your purchase, we will return the defective article to you free of charge.
4. terms of paymentPayment options are:-Prepayment in advance/bank transfer

-and payment services (currently PayPal, credit card and Sofortü

Unless we have agreed otherwise with you, the purchase price must be paid in advance after conclusion of the contract.
5. terms of delivery, transfer of risk

5.1 Delivery will be made to the delivery countries specified by us to the delivery address you have given us with a transport company of our choice. Partial deliveries in case of different delivery times of the ordered products can be agreed upon. Delivery times and delivery conditions as well as restrictions are based on our information in the product descriptions and/or the page Delivery, Shipping, Payment.

5.2 If you are a consumer, we bear the shipping risk in any case, regardless of the shipping method. If you are an entrepreneur, all risks and dangers of shipment are transferred to you as soon as the goods have been handed over by us to the commissioned transport company.

5.3 In case of unavailability of the ordered goods, we reserve the right not to deliver. In this case we will inform you immediately and refund any consideration already received without delay. In case of delays in delivery we will inform you immediately by telephone or email.

6. reservation of self-delivery

We reserve the right not to deliver the goods in the event of their non-availability or, if it is reasonable for you to do so with appropriate justification, to deliver only part of the goods (reservation of self-supply). In both cases we will inform you immediately that the ordered goods are not available and that any consideration already paid by you will be refunded immediately. However, the reservation of self-delivery shall only apply in the event that we have concluded a concrete covering transaction in good time and are not responsible for the lack of availability or if we ourselves have been let down by our supplier through no fault of our own. Further legal claims on your part remain unaffected by this.

7. examination of the delivery, complaints, defects

7.1 Before delivery of the goods, an outgoing goods inspection is always carried out. However, in your own interest, we recommend that you check the delivered goods after receipt. If you find any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the further procedure with you.

7.2 If you should already notice packaging and/or transport damage on delivery, we ask you to have this confirmed in text form by the transport company and to notify us. We will then coordinate the further procedure with you. We recommend that you keep the damaged packaging for evidence purposes if possible.

7.3 If you fail to comply with the above provisions in paragraphs (1) and (2), this shall not affect your rights to liability for defects.

7.4 If a commercial transaction within the meaning of § 343 of the German Commercial Code (HGB) exists for the contracting parties in their business dealings, the commercial obligation to give notice of defects pursuant to § 377 HGB shall apply.

8. reservation of title

8.1 The goods remain our property until you have paid for them in full.

8.2 In business transactions, the retention of title also applies in the event of installation and/or processing as well as resale of the delivered goods by you (extended retention of title) with the following provisions:

8.2.1 You are entitled to resell the delivered goods in the ordinary course of business; however, you already assign to us upon conclusion of the contract all claims in the amount of the final invoice amount (including VAT) of the claim which accrue to you from the resale against your customers or third parties, irrespective of whether the goods have been resold without or after processing. You remain entitled to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. We undertake, however, not to collect the claim as long as you meet your payment obligations from the proceeds collected, do not default on payment and, in particular, as long as no application for the opening of insolvency proceedings has been filed against you or payments have been suspended. If the latter is the case, we can demand that you inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.

8.2.2 The processing or transformation of the delivered goods by you shall always be carried out on our behalf without placing us under any obligation. If the goods are processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the delivered goods (final invoice amount including VAT) to the other processed objects at the time of processing. The same applies to the object resulting from processing as to the goods delivered under reservation of title.

8.2.3 If the delivered goods are inseparably mixed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of purchase (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing is carried out in such a way that your item is to be regarded as the main item, it is agreed that we become co-owners on a pro rata basis. You shall keep the resulting sole ownership or co-ownership for us at your own expense.

9. liability for defects (warranty), liability

 Attention: Our articles for sale are of different ages, some are used, some are as good as new and some have traces of use. Although some of the articles are in their original packaging, we treat them as second-hand articles due to the longer storage period, i.e. all articles not expressly designated as new are considered second-hand goods.

9.1 The statutory liability for defects and the statutory liability law apply with the following provisions: 

9.2 The liability period for defects in new items is 24 months for consumers and 12 months for entrepreneurs. For used goods, the period of liability for defects is 12 months for consumers, for entrepreneurs the liability for defects for used goods is excluded. 

9.3 In case of repair (contract for work and services) of a delivered used device / customer device, the liability period for claims for defects towards consumers is 24 months after receipt of the device. If the buyer is an entrepreneur, the period of liability for warranty claims is 12 months. 

9.4 The statutory periods of limitation for the assertion of claims for liability for defects shall remain unaffected in any case. 

9.5 Claims for defects which we have fraudulently concealed and claims arising from a guarantee which we have given that the item will retain a certain quality for a certain period of time (durability guarantee) shall remain excluded from the above provision. Also excluded are claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health. Also excluded are claims based on damages in the event of intentional or grossly negligent breach of duty as well as fraudulent intent and breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a contractual partner may regularly rely (cardinal obligations). Finally, the exclusion shall not apply in the event of the applicability of the Product Liability Act. 

Attention: We expressly point out that work on gas systems may only be carried out by trained and approved specialist personnel. Electrical devices may only be installed by an equally trained specialist who is familiar with the associated regulations (VDE) and dangers.

10. withdrawal from the contract

10.1 We shall be entitled to withdraw from the contract also with regard to any outstanding part of the delivery or service if you have made false statements about your creditworthiness or objective reasons concerning your solvency have arisen or if the opening of insolvency proceedings against your assets or the dismissal of such proceedings becomes known due to a lack of cost-covering assets. You will be given the opportunity to make an advance payment or to provide suitable security before withdrawal.

10.2 Without prejudice to any claims for damages, in the event of partial withdrawal, any partial performance already rendered shall be invoiced in accordance with the contract and paid by you.

10.3 Repayments after a successful withdrawal will be made by us in the same way as they have reached us. The only exception is credit card payments, where we need your bank details for technical reasons.

11. final provisions

11.1 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.

11.2 The contractual relationship between us and you and the respective terms and conditions of business shall be governed by the law of the Federal Republic of Germany. The UN Sales Convention is excluded. This choice of law clause does not apply to consumers if they have their usual place of residence in another state of our delivery area and are subject to deviating mandatory consumer protection regulations there.

11.3 If you are a merchant in the sense of the German Commercial Code (HGB) or a public corporation, the exclusive place of jurisdiction is the court of our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual abode is not known at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

II Supplementary consumer information

As an online retailer, we are subject to a whole range of information obligations towards consumers. Insofar as we do not already fulfil these information duties directly on the respective web pages of our offers, supplements are listed below.

1. technical steps to the conclusion of the contract

Once you have found the desired product, you can place it and, if applicable, the order quantity in the shopping cart without obligation by clicking the button "Add to cart". You can view the contents of the shopping cart at any time without obligation by clicking the "Shopping Cart" button. You can remove the products from the shopping cart by clicking on the checkbox "Delete". If you want to order the products in the shopping cart, click the button "Checkout". Please then enter your personal data. Mandatory information is marked with a (*). A registration is offered, but is not required. On the next page, please select the shipping method or self-collection and a payment method, if necessary, finally inform us about individual messages and then click on "Continue". You will then see an order overview where you can check and change all data and entries once again. Then, on the same page above the product features, place a check mark to accept the terms and conditions and to confirm the instruction on the right of withdrawal. By clicking on the button "order with costs" you complete the order process. The process can be cancelled at any time by closing the browser window.

2. contract text storage/printout

Order data and contract text are stored electronically by us. You can then view past orders in our customer login area. If you have not created a customer account with us, we will gladly send you stored data on request. By using the print function of your browser you also have the possibility to print out order data and contract text already at the conclusion of the contract. You can also save this by clicking the right mouse button to save the website on your computer.

3. possibility of correction

You have the possibility to correct input errors that have crept in during the filling in of the order, before the final sending of your order in a summary by means of appropriate commands via the keyboard or by mouse click. All entries can also be corrected before submitting the order by using the back button of your browser.

4. code of conduct

We have not subjected ourselves to a code of conduct (set of rules) for our industry.

5. information on the existence of a statutory liability for defects

The liability for defects is based on section 9.1 of our General Terms and Conditions (see above under I.).

6. information on online dispute resolution according to Art. 14 of EU Regulation No. 524/2013

The EU Commission provides a platform for the online settlement of consumer disputes,
resulting from the online sale of goods or the online provision of services to consumers (OS platform).
The OS platform can be accessed via the following link:

7. alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
© HZ (E30.01.20)

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