General terms and conditions
General terms and conditions
Section 1 General
(1) Your contractual partner for all orders within the scope of this online offer is Stephan Temke Mediengestaltung, represented by the owner Stephan Temke, Segelfliegerdamm 89 in 12487 Berlin. The internet shop saugnaepfe-online.de is a company of Stephan Temke Mediengestaltung.
Section 2 Responsibility for online offer
(1) Stephan Temke Mediengestaltung is responsible for the articles and designs offered by "saugnaepfe-online.de" and for the design of the shop as a whole.
Section 3 Conclusion of the Agreement
(1) The "offers" contained on the website are a non-binding invitation to the customer to order at saugnaepfe-online.de.
(2) By submitting the completed order form on the Internet, the customer makes a binding offer to conclude a purchase agreement or an Agreement for labour and materials. If this offer is accepted, saugnaepfe-online.de will send the customer an order confirmation by e-mail.
Section 4 Delivery / Shipping
(1) Delivery shall take place within Germany.
(2) Delivery shall be made by a shipping service provider chosen by saugnaepfe-online.de. The customer shall bear a postage flat rate which may depend on the order value and the place to which delivery is to be made. Current shipping prices can be viewed at www.saugnaepfe-online.de .
(3) The delivery takes place at the latest within three weeks. As a rule, the goods will be shipped within a few days.
(4) If, as an exception, delivery should not be possible within the period of three weeks from the conclusion of the Agreement mentioned under (3), saugnaepfe-online.de will inform the customer immediately in text form (section 126b BGB) at the latest upon expiry of the deadline. The customer is then entitled to a right of withdrawal, which he must exercise immediately in text form (section 126b BGB).
(5) A claim by the customer for damages due to delay in performance (section 280 para. 2, 286 BGB) is excluded, insofar as saugnaepfe-online.de is not guilty of intent or gross negligence with regard to the delay.
(6) The conclusion of the Agreement shall be subject to the timely and complete delivery of the goods to us. This applies solely in the event that saugnaepfe-online.de is not responsible for the non-delivery. The customer will be informed immediately about the non-availability of the service. The consideration will be refunded if necessary.
(7) From June 2014, customers will be required to bear the cost of returns for online orders.
Section 5 Prices
(1) For all orders, the prices indicated are final prices. They contain the resulting legal taxes, in particular value added taxes. The delivery address is decisive.
(2) The customer shall bear a postage flat rate which may depend on the order value and the place to which delivery is to be made. Current shipping prices can be viewed at www.saugnaepfe-online.de.
Section 6 Payment
(1) The payment takes place after the customer chooses direct debit, prepayment or further payment procedures. Saugnaepfe-online.de reserves the right to restrict the choice of payment methods between which a customer can choose, depending on the order value, shipping region or other objective criteria. In the case of purchase on account, the goods remain the property of Temke Mediengestaltung until full payment has been received.
(2) The purchase price is due immediately without deduction.
(3) If the payment method chosen by the customer is not feasible despite contractual execution by saugnaepfe-online.de, in particular because a debit from the customer's account is not possible due to a lack of funds in his account or due to the provision of incorrect data, the customer shall reimburse saugnaepfe-online.de or the third party commissioned by him to process the transaction for the resulting additional costs.(4) saugnaepfe-online.de is entitled to make use of the services of trustworthy third parties when processing payment. a) If the customer is in default of payment, saugnaepfe-online.de may assign its receivables to a collection agency and transfer the personal data required for payment processing to this third party. b) In the case of the involvement of third parties in the payment processing, the payment in relation to saugnaepfe-online.de is only considered to have been made when the amount was contractually made available to the third party, so that the third party can dispose of it without restriction.
Section 7 Warranty
(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and services contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. saugnaepfe-online.de accepts no responsibility for the accuracy of this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.
(2) Insofar as a defect is covered by warranty, the customer is entitled, within the framework of the statutory provisions, to demand subsequent performance, to withdraw from the Agreement or to reduce the purchase price.
(3) In the case of returns due to quality defects, saugnaepfe-online.de will also bear the postage costs. The customer is obliged to choose a shipping method that avoids unnecessary costs. Either the shipping costs are first to be paid by the buyer and are subsequently refunded by saugnaepfe-online.de or saugnaepfe-online.de transfers the postage costs in advance at the customer's request.
(4) The customer's warranty claims presuppose that the customer, insofar as the customer is a businessman, has fulfilled his obligations to inspect and complain according to section 377 HGB (German Commercial Code).
(5) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.
Section 8 Limitation of Liability
(1) saugnaepfe-online.de shall only be liable for damages other than those resulting from injury to life, body and health if these are based on intentional or grossly negligent actions or on culpable breach of an essential contractual obligation by saugnaepfe-online.de or its vicarious agents (e.g. the shipping service provider). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. Saugnaepfe-online.de is therefore not liable for the constant and uninterrupted availability of the online offer.
Section 9 Data Protection
(1) Saugnaepfe-online.de is entitled to electronically store and process all data about the customer in connection with the business relationship for the purpose of contract execution in compliance with the provisions of the Federal Data Protection Act.
Section 10 Jurisdiction
(1) If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this Agreement is Berlin. Saugnaepfe-online.de remains entitled to file or initiate legal action or other legal proceedings at the customer's general place of jurisdiction.
(2) German law shall apply to the exclusion of the UN Convention on Agreements for the International Sale of Goods, even if orders are placed from abroad.
(3) The place of performance for all deliveries is the registered office of Saugnaepfe-online.de.
If individual provisions of the General Terms and Conditions of saugnaepfe-online.de are ineffective, the remaining provisions shall remain effective. Ineffective provisions will be replaced by the legal regulation.
Section 12 Cancellation
We reserve the right to charge a cancellation fee of 15% if an order is cancelled.