General terms and conditions

(The following GTC also contain legal information on your rights in electronic business transactions as well as mandatory information for consumers)

§ 1 Definitions

§ 2 Scope of the GTC for entrepreneurs

§ 3 Retention of title

§ 4 Warranty

§ 5 Transport damage

§ 6 Applicable law

§ 7 Jurisdiction

§ 8 Consumer information and information in electronic commerce

1. contract language

2. conclusion of the contract and technical steps leading to the conclusion of the contract

3. correction of input errors before sending the order

4. storage of the contract text

5. details regarding the payment

6. details regarding the delivery

7. prices and shipping costs

8. customs and import duties for deliveries to third countries (e.g. Switzerland, USA).

9. information on warranty conditions and guarantees

10 Right of withdrawal for consumers

11. essential characteristics of the goods or services

12. identity and summonable address of the seller

13. online dispute resolution (OS platform)

14. dispute resolution under the Consumer Dispute Resolution Act (VSBG)

      Information according to Battery Act

§ 1 Definitions

(1) Insofar as special rights and obligations are agreed in these GTC only for consumers pursuant to § 13 BGB or only for entrepreneurs pursuant to § 14 BGB, the following definitions shall apply:

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(3) An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Scope of the GTC for entrepreneurs

(1) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these GTC shall apply exclusively. The buyer's GTC shall only apply insofar as the seller has expressly agreed to them in writing prior to the respective conclusion of the contract.

(2) If the Buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) (see Section 1 (3) of the GTC), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.

§ 3 Retention of title

The ordered goods remain the property of the seller until full payment has been made. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.

§ 4 Warranty

(1) If the buyer is a consumer within the meaning of § 13 BGB (see § 1 para. 2 of the GTC), he shall be entitled to the statutory warranty rights. The warranty period is 24 months from the delivery of the item to the buyer.

(2) If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), the warranty period for new items is one year from delivery of the item. No warranty shall be assumed for used items vis-à-vis an entrepreneur. Claims for damages are excluded from this. These shall be governed by the statutory provisions.

(3) If the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 3 of the GTC), he shall only be entitled to warranty claims due to existing transport damage if he has complied with his duty of inspection and notification in accordance with § 5 para. 4 of these GTC.

§ 5 Transport damage

(1) If the buyer is a consumer (see § 1 para. 2 of the GTC), we ask that goods with obvious damage to the packaging or contents be claimed from the freight service or that acceptance be refused. In this case, we also ask the buyer to contact us immediately by e-mail, fax or post.

(2) In the event of the discovery of hidden defects, we also request immediate notification.

(3) A shortening of the warranty rights, revocation rights and limitation periods is not associated with the above provisions.

(4) If the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 3 of the General Terms and Conditions), he must inspect the goods for transport damage immediately after receipt. The seller must be notified immediately in writing of any ascertainable transport damage. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect becomes apparent later, the notification must be made immediately after discovery.

§ 6 Applicable law

All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. With respect to consumers (see § 1 para. 2 of the GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

§ 7 Jurisdiction

For disputes arising from or in connection with the delivery of the goods and/or these GTC, the courts at the registered office of the Seller shall have exclusive jurisdiction if the Customer is a merchant or if the Customer is a legal entity under public law or a special fund under public law or if the Customer does not have a permanent place of residence in Germany, if the Customer has moved its place of residence or habitual abode abroad after these GTC have become effective or if the place of residence or habitual abode of the Customer is not known at the time the action is brought.

§ 8 Consumer information and information in electronic commerce

1. contract language

The contractual language is German. These General Terms and Conditions are only offered in German.

2. conclusion of the contract and technical steps leading to the conclusion of the contract

a) The product presentations in the online shop are not binding offers by the seller but merely represent an invitation by the seller to the buyer to make a purchase offer to the seller himself.

b) If the buyer places a product in the shopping basket, he/she goes through an order process in the seller's online shop before submitting a binding offer. Here the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only by sending the online order by clicking the binding order button "order subject to payment" does the buyer submit a binding offer for the ordered goods at the price stated in the order overview.

c) If the buyer selects "purchase on account" or "cash on delivery" as the method of payment in the order process, the buyer's offer will be accepted by the seller by sending an order confirmation by e-mail within 3 working days after the buyer's order has been sent. If the Buyer does not receive an order confirmation from the Seller within this period, the Buyer's offer shall be deemed rejected and the contract shall not be concluded. In this case, the buyer is also no longer bound to his offer.

d) If the buyer selects "prepayment" or "bank transfer" as the payment method in the order process, the buyer's offer is accepted at the time of confirmation of the payment instruction to the bank. With the confirmation of the payment instruction by the buyer to his bank, the contract with the seller comes into effect.

e) If the Buyer selects "Paypal" as the payment method in the order process, the Buyer's offer is accepted at the time of confirmation of the payment instruction to PayPal. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller comes into effect.

f) If the buyer selects "credit card" as the method of payment in the order process, the buyer's offer is accepted at the time the credit card is charged, which takes place immediately after the buyer sends the credit card data. The contract with the seller comes into effect with the debiting of the credit card.

g) If the buyer selects "direct debit" as the method of payment in the order process, the buyer's offer is accepted at the time the account is debited, which takes place immediately after the buyer sends the account details. The contract with the seller comes into effect with the debiting of the buyer's account.

h) If the buyer selects "Sofortüberweisung" as the payment method in the order process, the contract is concluded at the time of confirmation of the payment instruction by the buyer to SOFORT GmbH.

i) The Buyer may also request a non-binding offer from the Seller by telephone, fax or e-mail. In this case, the seller will send the buyer a binding offer including the required mandatory information within 7 working days after the request by telephone or sending the request by fax/email or letter, whereby the receipt of the offer by the buyer is decisive for compliance with the deadline. The Buyer may then accept the Seller's offer within 7 working days of receipt of the offer, again by telephone, fax, e-mail or letter, whereby it is sufficient for compliance with the time limit that the Buyer sends the fax, e-mail or letter within the time limit or accepts the Seller's offer by telephone to the Seller within the time limit. If the buyer does not accept the seller's offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the seller's offer shall be deemed to have been rejected and the contract shall not be concluded. In this case, the seller is also no longer bound by his offer.

3. correction of input errors before sending the order

You can check your order on a separate page before the final dispatch. You can then correct input errors by clicking on the "Back" button of your internet browser on the previous page or via a corresponding correction function of the internet shop in the order process.

4. storage of the contract text

The order data, the GTC and the cancellation policy shall be sent to the Buyer in text form by e-mail with the Seller's order confirmation. In addition, the text of the contract will be stored on the Seller's internal systems and sent to the Buyer again by e-mail upon request.

5. details regarding the payment

a) Payment of the purchase price shall be made through the payment options offered in the order process.

b) Instalment payments require prior coordination/agreement with the seller.

c) In the event of default in payment, the Seller shall be entitled to withdraw from the contract after expiry of a reasonable period for performance.

6. details regarding the delivery

a) Unless otherwise agreed prior to the conclusion of the contract, the delivery of the goods shall generally be made by sending the goods to the address provided by the buyer within Germany or to the countries that can be selected during the ordering process. Deliveries to other countries are excluded.

b) The maximum delivery periods as well as any existing delivery restrictions can be found under a correspondingly marked link of our Internet shop.

c) Due to circumstances for which the seller is not responsible, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer of this immediately. The rights of the buyer remain unaffected by this, in particular the buyer is entitled to withdraw from the contract after setting a reasonable grace period.

d) If delivery is impossible for reasons for which the seller is not responsible, the claim to delivery is excluded. In the event that performance is impossible, the seller undertakes to inform the buyer immediately of the impediments to performance and to reimburse any payments already made without delay.

e) The seller shall bear the risk of loss of or damage to the goods in transit, irrespective of any transport insurance, provided that the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) (see Section 1 (2) of the GTC).

f) The seller is free to choose the transport company.

7. prices and shipping costs

a) The prices stated in the respective offers include the statutory value added tax as well as other price components (total price) plus the separately stated shipping costs. In the case of deliveries to countries outside the European Union (third countries), further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see the following item 8. of these GTC).

b) If the sold item is subject to differential taxation (used goods), the sales prices include the VAT to be paid by the seller in accordance with § 25 a UStG and plus the shipping costs shown separately. In the case of differential taxation, the VAT cannot be shown.

8. Customs and import duties for deliveries to countries outside the EU

We would like to point out that in the case of deliveries to countries outside the European Union (third countries), further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These further customs duties or taxes are to be borne by the buyer. The Seller has no control over these charges and cannot predict the amount as customs regulations vary considerably from country to country. We recommend that the buyer in the case of a delivery to a third country enquire about possible customs duties or local taxes at the customs office responsible for the third country.

9. information on warranty conditions and guarantees

a) Information on the warranty conditions can be found in § 4 of the GTC.

b) If the seller grants an additional voluntary warranty, the buyer's statutory warranty rights shall not be limited thereby. Rather, the guarantee shall apply in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be taken from the respective guarantee declaration.

10 Right of withdrawal for consumers

If you conclude a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (consumer in the sense of § 13 BGB), you are generally entitled to a right of withdrawal. The details of the right of cancellation can be found in the separate cancellation policy of the seller.

11. essential characteristics of the goods or services

The essential characteristics of the goods or services can be found in the seller's offers.

12. identity and summonable address of the seller

Our identity as well as our summonable address are:

Statement clo GmbH
Rheinpromenade 11
40789 Monheim am Rhein
Managing Director: Carsten Hermanns

13. online dispute resolution (OS platform)

The EU Commission provides an online platform for dispute resolution (ODR platform) with online traders. The ODR platform is intended to serve for the out-of-court settlement of disputes about contractual obligations arising from online sales contracts. This ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/

14. dispute resolution under the Consumer Dispute Resolution Act (VSBG)

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status of these GTC: 20.10.2020