Terms and conditions
I.Terms and Customer Information
§1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you (Hinter den Hoefen 42, 21220 Seevetal, Germany Guido Kindler) close to us as a provider through the website www.olivenholz-grosshandel.de unless in writing between the parties, a amendment is agreed. Differing or contrary terms and conditions are effective only with our express permission.
(2) We offer our products only for sale to the extent you are a natural or legal person or a legal partnership, which enters into the transaction in their commercial or independent professional activity (entrepreneurs). A purchase contract with consumers is excluded.
(3) The contract language is German. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system the agreement data can be printed using the print function of the browser or saved electronically.
§2 Conclusion of contract
(1)The object of the contract is the sale of goods. The details, in particular the essential characteristics of the goods found in the item description and additional information are available online.
(2) Our product images on the Internet are not binding and no binding offer to conclude a contract.
(3) You can use a binding purchase offer (order) by phone, write your e-mail, fax, in writing or via the online shopping cart system.
When purchasing through the online shopping cart system to purchase the goods intended to be placed in the "basket". Using the appropriate button on the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and enter your personal details and payment and shipping terms, all order data is displayed on the order summary page finally again.
Before submitting the order you have the option here to check all the details again to change (also using the "back" of the Internet browser) or cancel the purchase. By submitting the order to the appropriate button to submit a binding offer for from us.
You will get an automatic e-mail the receipt of their order, which does not lead to the conclusion of the contract.
(4) The acceptance of the offer (and therefore the contract) within 2 days with confirmation in writing (eg e-mail) in which you carry out the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. If necessary services already rendered will be refunded immediately in this case.
(5) On request, we send you an individual offer which is sent to you in text form and to which we hold ourselves bound 5 days. You accept the offer with confirmation in writing.
(6) The completion of the order and submission of all information required in connection with the contract shall be partially automated by e-mail. They therefore have to ensure that the instrument deposited by you in your e-mail address is correct, the receipt of the e-mails is technically assured and especially not prevented by SPAM filters.
§3 Prices, Payment andShipping
(1)References in the respective offer prices represent net prices. Do not include VAT.
(2) The shipping costs are not included in the purchase price, they will be charged separately, unless the no shipping costs is confirmed. Further details can be found under the "Shipping and Payment" button.
(3) If the delivery is in the non-EU countries, additional duties, taxes or fees may be payable by you, but not to us but to the customs and tax authorities there. You are advised to check the details before the order to the customs and tax authorities.
(4) You have on the "Shipping and payment" page designated payment options. In so far as the individual methods of payment or invoice no different payment period is specified, the payment claims from the completed contract immediately due for payment. The deduction of discounts is only permitted if expressly stated in the invoice.
§ 4 Delivery
(1)Estimated delivery time is noted in the item description and the order confirmation. Delivery dates and times are just binding if they were confirmed by us in writing. With the payment method payment in advance by bank transfer, the goods are shipped only after receipt of the full purchase price and the shipping cost with us.
(2) If the ordered product you unexpectedly despite prompt conclusion of an adequate hedging transaction from one of us to reasons is not available, you will be informed immediately of the unavailability and refunded in case of withdrawal payments already made immediately.
(3) The shipment is at your risk. If you wish, will be dispatched with an appropriate transport insurance, the resulting costs are to be borne by you.
(4) Partial deliveries are permitted and can be made independently of bill you, if you find it not burdened with additional costs for shipping.
(1)The warranty period is one year from delivery of the goods. The one year warranty period does not apply to us attributable culpably caused damage arising from injury to life, body or health, and with gross negligence or damage caused intentionally or malice, as well as recourse under §§ 478, 479 BGB.
(2) As a condition of the goods shall only our own data and the manufacturer's product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
(3) You are obliged to inspect the goods promptly and with due attention to the quality and quantity variances and us in writing of obvious defects within 7 days from receipt of the goods, for period keeping the punctual sending is enough. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
(4) In case of defects we, at our option by repair or replacement. If the repair fails twice, you can request a reduction or with draw from the contract of your choice. In case of repair, we need not to bear the increased costs incurred by the shipment of goods to a place other than the place of performance, provided that the shipment does not match the intended use of the product.
§6 Right of Retention, Retention of Title
(1)A lien can only exercise if they are claims from the same contractual relationship.
(2) We reserve title to the goods until full payment of all claims from the current business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
(3) you can resell the goods in the ordinary course of business. In this case, you will enter all claims in the amount of the invoice that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the debt. Unless you meet your payment obligations properly, we reserve the right, however, to collect the debt itself.
(4) When connecting and mixing of the goods we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities due to you your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the securities to be released.
(1)We shall each fully for damages from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect in the transfer of guarantee for the quality of the purchase object in damages under the product liability law and in all other cases established by law.
(2) If significant contractual obligations are concerned, our liability for slight negligence on the contract-typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations imposed by the contract us by its content for purpose of the contract, make the due and proper execution of the contract possible in the first and whose compliance you may rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at any time after the current level of technology. We are liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.
§8 Choice of Law, Place of Performance, Place of Jurisdiction
German law appliesexcluding the UN sales law. Place of performance and jurisdiction is our seat.
II. Customers information
1. Identity of the seller
Hinter den Hoefen 42
Phone: (0049) 04185-7076508
2. Information about the conclusionof the contract
Thetechnical stepsto conclude a contract, the Agreement itselfandthepossibilities of correctionbe made in accordancewith § 2of our GeneralTerms and Conditions(PartI.).
3. Contract language, the contract text storage
3.1. The contract language is German.
3.2. The fulltext of the contract isnot stored by us.Before submitting the ordervia the online-shopping cart system the agreement data can be printedusing the print functionof the browser or saved electronically.
4. Statutory warranty rights for goods
The warranty for our goodsis governed by the rules"guarantee" in the General Terms and Conditions (Part I).
These terms and conditions were created by the specialized IT Law lawyers of dealers Federal and be permanently checked for legal compliance. The Dealers Association Management AG guarantees for the legal certainty of the texts and liable in the event of warnings. For more information, please visit:http://www.haendlerbund.de/agb-service.