Terms and Conditions
Note: This English translation is provided for your convenience. The German version is legally binding (Die deutsche Fassung ist rechtlich maßgeblich).
General Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
The following applies to businesses: if the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with mach-es-dicht.de .
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order is submitted.
We accept your offer within two days by
- issuing a declaration of acceptance in a separate email, or
- where applicable, the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected in each case (see "Payment").
The alternative relevant to you depends on which of the listed events occurs first.
3. Contract language, storage of the contract text
The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery conditions
Shipping costs are added to the stated product prices. Further details on the amount of the shipping costs can be found with the offers.
You generally have the option of collection from mach-es-dicht.de, Rathausstraße 9, 78655 Dunningen, Germany during the following business hours: Monday to Friday from 9 am to 5 pm
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you select the prepayment method, we will send you our bank details in a separate email and deliver the goods once payment has been received.
SEPA direct debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is every working day except Saturdays, nationwide public holidays and 24 and 31 December of each year. The account is debited after you have received the goods.
PayPal Express
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, verify your identity with your access data and confirm the payment instruction.
PayPal may offer registered PayPal customers selected according to its own criteria further payment methods in their customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise regulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal, PayPal Express
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, verify your identity with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal may offer registered PayPal customers selected according to its own criteria further payment methods in their customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). The account is debited before the goods are dispatched.
Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account stated in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made.
The following applies additionally to businesses: we retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of any combining or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: if goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to businesses: the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or 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 contracting party may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, where agreed, or
- where the scope of application of the Product Liability Act applies.
Restrictions applicable to businesses
With regard to businesses, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract are deemed to constitute an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising claims. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.
Provisions applicable to merchants
The duty to inspect and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies between merchants. If you fail to give the notice regulated there, the goods are deemed approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, where agreed, or
- where the scope of application of the Product Liability Act applies.
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 contracting party may regularly rely (cardinal obligations), through slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Code of conduct
We have submitted to the following codes of conduct:
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and conditions created with the Trusted Shops legal text generator