General Terms and Conditions and Cancellation Policy for Consumer Orders of Bürstenhaus Redecker GmbH:
Contractual conditions within the framework of purchase contracts concluded via the platform www.redecker.de between
Bürstenhaus Redecker GmbH
Bockhorster Landweg 19
33775 Versmold
Phone +49 – 5423 – 9464-99
E-mail: kontakt@redecker.de
Managing Director: Felix Redecker
Commercial register: Gütersloh Local Court, HRB 5271
and
the customer designated in § 2 of the contract - hereinafter referred to as the "Customer".
§ 1 Scope of application, definitions
(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts predominantly in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the checkbox "I accept the General Terms and Conditions" and has thereby included them in their application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment by the customer (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 1 - 5 working days.
(2) If the selected product by the customer is unavailable at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) Shipping costs are calculated according to value, weight, volume and condition of the goods. If we specify flat-rate shipping costs, these shall only apply to a single order.
(4) In the event of revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make payment by advance payment or PayPal. For payment in advance, please transfer the amount to our following account:
Account holder: Buerstenhaus Redecker GmbH
IBAN: DE16 4785 0065 0000 0494 11
BIC: WELADED1GTL
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.
(4) The customer's obligation to pay default interest does not preclude
the provider from claiming further damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty obligation towards entrepreneurs for items delivered by the provider is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) As many of the items shown are made of natural materials, all products may vary in type and design.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. A sample withdrawal form can be found in paragraph (2).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days
without giving any reason. The withdrawal period is fourteen days
from the day on which you or a third party named by you, who is not
the carrier, took possession of the goods. To exercise your right of
withdrawal, you must contact us,
Bürstenhaus Redecker GmbH
Bockhorster Landweg 19
33775 Versmold
Tel. 05423-94640, Fax 05423-946420
E-mail: kontakt@redecker.de,
of your decision to withdraw from this contract by an unequivocal
statement (e.g. a letter sent by post, fax or e-mail). You can use
the attached sample withdrawal form, but this is not mandatory. To
meet the withdrawal deadline, it is sufficient for you to send your
notification of exercising your right of withdrawal before the
withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all
payments received from you, including the costs of delivery (with the
exception of the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of standard
delivery offered by us), without undue delay and in any event not
later than 14 days from the day on which we are informed about your
decision to withdraw 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 any fees for this repayment. We may withhold the
refund until we have received the goods back or until you have
provided proof that you have returned the goods, whichever is the
earliest. You must return or hand over the goods to us immediately
and in any case within fourteen days at the latest from the day on
which you inform us of the revocation of this contract. The deadline
is met if you send the goods before the period of fourteen days has
expired. 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 their condition, properties and functionality.
(2) The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and
send it back to us).
- To Bürstenhaus Redecker GmbH, Bockhorster Landweg 19,33775 Versmold, Fax 05423-94620, kontakt@redecker.de:
- I/we (*) hereby cancel 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 the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate
§ 10 Notes on data processing
(1) The provider collects, processes and uses the customer's personal data, in particular his contact details for processing his order, including his e-mail address, if he has provided this to the provider. The provider may use information (e.g. also a so-called score value) from external service providers to check the creditworthiness and make the payment method dependent on this. The information also includes information about the customer's address. This is done for the purpose of contract processing, Art. 6 (1b) GDPR.
(2) The customer has the option of accessing and changing their stored data at any time under the "My customer account" button in their profile.
(3) In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" button.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.