General Terms and Conditions of Sale
1. Scope of application
1.1 The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between daheim.tech GmbH, Waldstraße 14, D-78087 Mönchweiler (hereinafter “Seller”) and the customer (hereinafter “Customer”). This is the English translation from German. The German General Terms and condition is the origin document and will apply.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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 self-employed professional activity.
1.3 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last” unless otherwise stated with the products. Errors and omissions excepted
3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart via the button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the conclusion of the order process within the shopping basket via the button [Continue to checkout].
3.2 By clicking the button [order with obligation to pay], the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and go back to the shopping basket using the browser function “back” or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The Seller shall then send 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 (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 3-4 working days or has confirmed the dispatch to the customer within 3-4 working days with a second e-mail, express order confirmation or sending of the invoice. Acceptance may further be effected by a request for payment sent by the seller to the customer and at the latest by the completion of the payment transaction. In the event of several acceptance processes, the earliest acceptance date shall be decisive. If the seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by its offer.
3.4 In the case of orders which do not conform to Daheim.tech packaging unit formats, Daheim.tech reserves the right to fulfil orders using Daheim.tech packaging units or multiples thereof, which are indicated in the Daheim.tech catalogue, or reject the order on the basis of non-compliance with packaging unit specifications.
4. Prices and shipping costs
4.1 All prices stated on the seller´s website are inclusive of the applicable statutory VAT.
4.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the customer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 Delivery shall be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3 If, for reasons for which we are not responsible, we do not receive deliveries or services from our sub-suppliers or subcontractors, despite proper congruent coverage, i.e. despite contractual agreement with the subcontractor prior to conclusion of the contract with the customer, or not with the quantity or quality (not correct), or not in the performance period for which the customer’s performance claim can be fulfilled in accordance with the contract (not on time), or if events of force majeure occur, i.e. impediments to performance through no fault of our own with a duration of more than 14 calendar days that is not merely temporary, we shall inform our customer in writing in good time. In this case, we are entitled to postpone the delivery or service for the duration of the impediment or to withdraw from the contract in whole or in part due to the part not yet fulfilled, insofar as we have fulfilled our aforementioned duty to inform and have not assumed the procurement risk or manufacturing risk.
Equal to force majeure:
Pandemics, strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g. due to fire, water and machine damage, all other hindrances which, viewed objectively, were not culpably caused by us.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to promises and agreements to the contrary.
5.6 The seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the seller are responsible. For the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by means of a written declaration after a reasonable period to be set by the customer or after mutual consultation with the seller.
6. Payment modalities
6.1 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.2 If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the client shall pay the statutory interest on arrears.
6.3 The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages for default.
6.4 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
7.1 Delivered goods remain the property of the seller until full payment has been made. For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased goods with care as long as title has not yet passed to him. In particular, he shall be obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer shall carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller shall be notified by the customer without delay. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from the resale or other legal grounds with regard to the goods subject to retention of title (including all balance claims from current account). The seller revocably authorises the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorisation may be revoked if the customer does not duly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request when their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (or by more than 50% if there is a risk of realisation). The choice of the securities to be released is incumbent on the seller. Upon settlement of all claims of the seller from delivery transactions, the ownership of the reserved goods and the assigned claims shall pass to the buyer. The choice of the securities to be released is incumbent on the seller
8. Warranty for material defects and guarantee
8.1 The warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following provisions.
8.2 There is no guarantee for the goods delivered by the seller.
8.3 If the customer is an entrepreneur, he shall inspect the goods without delay, notwithstanding statutory obligations to give notice of defects, and shall notify the supplier in writing of any recognisable material defects without delay, at the latest within two weeks of delivery, and of any non-recognisable material defects without delay, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and colour that are customary in the trade, permissible according to quality standards or minor deviations do not constitute defects.
8.4 If the customer is an entrepreneur, the choice shall be between rectification or subsequent delivery of defective goods by the seller.
8.5 Notwithstanding the liability provisions of these GTC, material defects shall generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.
8.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered item free of defects within the scope of subsequent performance. Accordingly, the Seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item within the scope of a recourse by the customer within the supply chain (i.e. between the customer and its customers).
9.1 The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2 The seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and the observance of which the customer regularly relies on. In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. The seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents
10. storage of the contract text
10.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
10.3 Customers who are entrepreneurs may receive the contract documents by e-mail.
11. Final provisions
11.1 If the buyer is an entrepreneur, the place of performance shall be the seller’s registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the seller’s country of domicile. The right of the seller to choose another permissible place of jurisdiction is reserved.
11.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
11.3 The contractual language is German.
11.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.