Allgemeine Geschäftsbeingungen
Allgemeine Geschäftsbedingungen:
General terms and conditions
1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online
shop.
These Terms also apply to businesses for future commercial relations without the need
for any formal expression thereof. Unless expressly approved by us to the contrary, we
cannot accept the contractual validity of any conflicting or complementary general
terms and conditions used by any business.
2. Contractual partner, formation of contract,
options for corrections
The contract is concluded with SG Baustoffhandel.com GmbH.
By placing the products in the online shop, we make a binding offer on our part to
enter into a contract regarding those items. You may place our products in the
shopping basket without obligation and amend your entries at any time prior to
submitting your binding order by using the correction facilities that are provided for
this purpose and explained during the ordering process. The contract is formed by
clicking on the order button which indicates your acceptance of our offer concerning
the goods contained in the shopping basket. Once you have sent your order you will
immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and
Conditions to you on a durable medium. You may also view the text of the contract in
our customer login area.
4. Delivery conditions
Delivery costs may apply to the product prices displayed. Further information on
delivery costs, if applicable, are explained within individual product offers.
You are entitled to collect your order from Gebrauchtwarenkaufhaus Frohburg, Am
grauen Wolf 4, 04654 Frohburg OT Streitwald, Deutschland during the following hours
of business: Montag bis Freitag von 10.00Uhr bis 17.00Uhr
5. Payment
The following payment methods are basically available in our online shop.
Advance payment
If you select advance payment we provide you with our bank details in a separate e-
mail and deliver the goods on receipt of funds.
Credit Card
You provide your credit card details during the ordering process. Your card will be
charged immediately after placing your order.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe)
S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must
be registered with PayPal, legitimise yourself with your access data and confirm the
payment instruction. The payment transaction will be processed by PayPal after
placing the order. You will receive further instructions during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the
customer account selected according to its own criteria. However, we have no
influence on the offering of these modalities; further individually offered payment
modalities affect your legal relationship with PayPal. You can find more information on
this in your PayPal account.
Cash payment on collection
You may pay the invoice amount in cash on collection.
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the
right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods
until complete settlement of all claims arising from a current business relationship. You
may resell reserved goods in ordinary business operations; you shall assign any claims
arising from this resale – irrespective of connecting or mixing of the reserved goods
with a new item - in the amount of the invoice amount to us in advance, and we accept
this assignment. You remain authorised to collect the claims; however, we may
likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
We shall release the securities to which we are entitled at your request to the extent
that the realisable value of the securities exceeds the value of the open claims by
more than 10%.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage
caused during delivery, please report the defect to the carrier and notify us without
delay. Failure to make a complaint or to make contact does not in any way affect your
legal rights or the enforcement of such rights, notably your warranty rights. However,
in doing so you help us to assert our own claims against the carrier or transport
insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will
transfer to you once we have submitted the item to the haulier, carrier or other
contractor for forwarding to the defined person or establishment.
9. Warranty and guarantees
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability
for defects) shall apply. With respect to consumers, the staturory guarantee provisions
of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to
businesses/merchants shall not apply to claims based on damage caused by us, our
legal representatives or vicarious agents
in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent
intent
in the event of a breach of essential contractual obligations, the fulfilment of
which is a prerequisite for the proper performance of the contract and on the
observance of which the contractual partner may regularly rely (cardinal
obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Product Liability Act
(Produkthaftungsgesetz).
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer's product
descriptions included in the contract shall be deemed to be an agreement on the
quality of the goods; we shall not accept any liability for public statements made by
the manufacturer or other advertising statements. For businesses, the limitation period
for claims for defects in newly manufactured goods is one year from the transfer of
risk. The previous sentence does not apply to an item that has been used for a building
in accordance with its customary use and has caused the building to be defective. The
sale of used goods is subject to the exclusion of any warranty. The statutory limitation
periods for the right of recourse according to § 445a BGB (German Civil Code) remain
unaffected.
Provisions for merchants ("Kaufleute" in accordance with HGB - German
Commercial Code)
Among merchants ("Kaufleute"), the obligation to examine and give notice of defects
regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give
notice as regulated therein, the goods shall be deemed to have been approved, unless
the defect was not recognisable during the inspection. This does not apply if we have
fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact
conditions can be found with the product and on special information pages in the
online shop.
Complaints and return of goods
Complaints can be submitted by consumers and businesses to our contact details
given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the
goods back in order to examine your complaint, you must send back the goods at our
cost to the address provided for this purpose. We are committed to respond to any
complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions
can be found with the product and on special information pages in the online shop.
10. Liability
We shall in any case be liable without limitation for claims due to damages that have
been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct
damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR)
which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle
disputes arising from a contractual relationship with a consumer or from whether such
a contractual relationship exists at all, we will participate in dispute settlement
proceedings before a consumer dispute resolution body. Consumers can contact their
national European Consumer Centre in this regard. The respective contact details of
the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-
resolution/adr-in-europe/.
12. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB),
public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all
disputes from contractual relationships between us and you is our registered office.
AGB erstellt mit dem Trusted Shops Rechtstexter
