General Terms and Conditions

General Terms and Conditions

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right to Cancel

4. Prices and Payment Conditions

5. Shipment and Delivery Conditions

6. Reservation of Proprietary Rights

7. Warranty

8. Special conditions for repair services

9. Exemption in case of violation of third-party rights

10. Applicable Law

11. Place of Jurisdiction

12. Alternative dispute resolution

 1) Scope of Application

1.1 These General Terms and Conditions of the company BuchholzMedia Inh. René

Weissinger e.K. e.K. (hereinafter referred to as "Seller”) shall apply to all contracts

concluded between a consumer or a trader (hereinafter referred to as "Client”) and the

Seller relating to all goods and/or services presented in the Seller's online shop. The

inclusion of the Client’s own conditions is herewith objected to, unless other terms have

been stipulated.

 1.2 These Terms and Conditions regarding contracts for the supply of goods presented

by the Seller in its print catalogue apply accordingly, unless expressly otherwise agreed.

 1.3 A consumer pursuant to these Terms and Conditions is any natural person

concluding a legal transaction for a purpose attributed neither to a mainly commercial

nor a self-employed occupational activity. A trader pursuant to these Terms and

Conditions is any natural or legal person or partnership with legal capacity acting in the

performance of a commercial or self-employed occupational activity when concluding a

legal transaction.

 1.4 Digital content in the sense of these General Terms and Conditions are all data not

on a tangible medium which are produced in digital form and are supplied by the Seller

by granting certain usage rights precisely defined in these General Terms and

Conditions.

 2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers 

 on the part of the Seller, but merely serve the purpose of submitting a binding offer by

the Client.

2.2  The Client may submit the offer via the online order form integrated into the Seller's

online shop. In doing so, after having placed the selected goods and/or services in the

virtual basket and passed through the ordering process, and by clicking the button

finalizing the order process, the Client submits a legally binding offer of contract with

regard to the goods and/or services contained in the shopping cart. The Client may also

submit his offer to the Seller by telephone, e-mail, postal service or per online contact

form.

2.3  In case of ordering goods presented in the Seller’s print catalogue, the Client may

submit his offer by telephone, fax, e-mail or postal service. For this purpose, the Client

may fill in the order form attached to the Seller’s print catalogue and return it to the

Seller.

2.4  The Seller may accept the Client’s offer within five days,

- by transferring a written order confirmation or an order confirmation in written form

(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

- by delivering ordered goods to the Client; insofar receipt of goods by the customer is

decisive, or

- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be

concluded at the time when one of the aforementioned alternatives firstly occurs.

Should the Seller not accept the Client’s offer within the aforementioned period of time,

this shall be deemed as rejecting the offer with the effect that the Client is no longer

bound by his statement of intent.

2.5  In case of an order via the Seller’s online order form, the text of the contract will be

stored by the Seller and will be sent to the Client in writing including these Terms and

Conditions (for example via e-mail, fax or letter) after the Client has submitted his order.

In addition, the text of the contract will be stored on the Seller's website and can be

found by the Client via the password-protected customer account by entering the

respective login information, provided that the Client has created a customer account in

the Seller’s online shop prior to submitting his order.

2.6  Prior to submitting a binding order via the Seller’s online order form, the Client may

recognize input errors by reading attentively the information displayed on the screen.

The enlargement function of the browser to enlarge the display on the screen may be an

effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function

during the electronic ordering process, until he clicks the button finalizing the ordering

process.

2.7  The German and the English language are exclusively available for the conclusion of

the contract.

 2.8 Order processing and contacting usually takes place via e-mail and automated order

processing. It is the Client’s responsibility to ensure that the e-mail address he provides

for the order processing is accurate so that e-mails sent by the Seller can be received at

this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to

ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller

with the order processing can be delivered.

 3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

 3.2 Detailed informations about the right to cancel are provided in the Seller’s

instruction on cancellation.

 3.3 The right to cancel does not apply to consumers, who are no nationals of a member

state of the European Union at the time of concluding the contract und whose exclusive

domicile and delivery address were located outside of the European Union at the time of

concluding the contract.

 4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total

prices including the statutory sales tax. Delivery costs, where appropriate, will be

indicated separately in the respective product description

 4.2 Payment can be made using one of the methods mentioned in the Seller’s online

shop.

 4.3 In case of delivery to countries outside the European Union, additional costs may

incur in individual cases for which the Seller is not responsible and which have to be

borne by the Client. This includes for example transfer fees charged by banking

institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such

costs regarding money transfer may also incur, if delivery is not made in a country

outside the European Union and the Client carries out the payment from a country

outside the European Union.

 4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately

after conclusion of the contract, unless the parties have arranged a later maturity date

 4.5 If the payment method “purchase on account” is selected, the purchase price is due

after the goods have been delivered and invoiced. In this case, the purchase price is to

be paid within 7 (seven) days from receipt of the invoice without deduction, unless

otherwise agreed. The Seller reserves the right to offer the payment method “purchase

on account” only up to a certain order volume, and he may refuse this payment method

if the specified order volume is exceeded. In this case, the Seller will inform the Client in

his payment information displayed in the online shop of a corresponding payment

restriction.

 4.6 When choosing the payment method credit card, the invoice amount is immediately

 due when concluding the contract. Processing of the payment method credit card takes

place in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to

whom the Seller assigns his claims. Secupay AG debits the credit card account indicated

by the Client with the invoice amount. In case of assignment, payments can only be

made to secupay AG with debt-discharging effect. The credit will be debited immediately

after the Client’s order has been submitted within the online ordering process. In case of

choosing the method of payment direct debit via secupay AG , the Seller will remain

responsible for general customer questions regarding for example the goods, delivery

time, dispatch, returns, complaints, cancellation statements and its mailing or credit

memos.

4.7  When payments are made using a payment method offered by PayPal, handling of

payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,

S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject

to the PayPal terms of use which can be viewed at:

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without

PayPal account will be effective. They can be viewed at:

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.8  If the payment method "immediate bank transfer" is selected, payment processing

is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339

Munich (hereinafter referred to as "IMMEDIATE"). In order to be able to pay the invoice

amount via “immediate bank transfer,” the Client must have an online banking account

with the PIN/TAN method that is activated for participation in “immediate bank transfer,”

he must have the appropriate credentials during the payment process, and he must

confirm the payment instruction to IMMEDIATE . The payment transaction will be

executed immediately afterwards and the Client’s bank account debited accordingly.

Further information on the payment method “immediate bank transfer” can be called up

by the Client on the Internet at

https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

5) Shipment and Delivery Conditions

5.1  Goods are generally delivered on dispatch route and to the delivery address

indicated by the Client, unless agreed otherwise. During the processing of the

transaction, the delivery address indicated in the Seller’s order processing is decisive.

However, in case the Client selects the payment method PayPal, the delivery address

deposited with PayPal at the date of payment shall be decisive.

5.2  Should the assigned transport company return the goods to the Seller, because

delivery to the Client was not possible, the Client bears the costs for the unsuccessful

dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the

delivery cannot be made due to circumstances beyond the Client's control or if he has

 been temporarily impeded to receive the offered service, unless the Seller has notified

the Client about the service for a reasonable time in advance.

5.3  Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

 If the Seller provides advance deliveries, he retains title of ownership to the delivered

goods, until the purchase price owed has been paid in full.

7) Warranty

7.1  Should the object of purchase be deficient, statutory provisions shall apply.

7.2  Deviating hereof, for consumers the limitation period regarding warranty claims for

used goods shall be one year from delivery of goods to the Client. The shortening of the

limitation period does not apply,

- for a product, which was not used, in accordance with its usual application, for building

construction and which was the cause of the building's defectiveness,

- for damages arising out of injuries to life, body or health, which result from intentional

or negligent violation of the Seller’s duties or the intentional or negligent violation of

duties by the legal representative or the vicarious agent of the user,

- for other damages resulting from intentional or grossly negligent violation of the

Seller’s duties or the intentional or grossly negligent violation of duties by the legal

representative or the vicarious agent of the user,

- if the Seller has fraudulently concealed the defect.

7.3  The Client is asked to notify any obvious transport damages to the forwarding agent

and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall

not affect his statutory or contractual claims for defects.

8) Special conditions for repair services

 If the seller is responsible for the repair of a customer's item under the terms of the

contract, the following shall apply:

8.1  Repair services shall be provided at the seller's registered office.

8.2  The seller shall render his services at his discretion either in his own person or by

qualified personnel selected by him. The seller may also make use of the services of

third parties (subcontractors) who act on his behalf. Unless otherwise stated in the

seller's service description, the customer has no right to select a specific person to

perform the desired service.

8.3  The customer must provide the seller with all information necessary for the repair of

the item unless its procurement does fall within the seller's scope of duties according to

the contents of the contract. In particular, the customer must provide the seller with a

 comprehensive description of the defect and inform him of all circumstances which may

be the cause of the defect found.

8.4  Unless otherwise agreed, the customer must send the item to be repaired to the

seller's registered office at his own expense and risk. The seller recommends the

customer to conclude a transport insurance for this purpose. Furthermore, the seller

recommends the customer to send the goods in suitable transport packaging in order to

reduce the risk of transport damage and to conceal the contents of the packaging. The

seller will immediately inform the customer of obvious transport damage so that the

customer can assert any rights he may have against the transport company.

8.5  The return of the goods shall be at the customer's expense. The risk of accidental

loss and accidental deterioration of the item passes to the customer when the item is

handed over to a suitable transport person at the seller's place of business. At the

customer's request, the seller will conclude a transport insurance for the goods.

8.6  The customer can also transfer the item to be repaired at the seller's place of

business and collect it again from the seller if this results from the seller's service

description or if the parties have made a corresponding agreement in this respect. In

this case, the above provisions regarding the bearing of costs and risks shall apply

accordingly when the goods are dispatched and returned.

8.7  The aforementioned regulations do not limit the statutory rights of the customer in

the event of the purchase of goods from the seller.

8.8  The seller shall be liable for defects in the repair service provided in accordance

with the provisions regarding statutory liability for defects.

9) Exemption in case of violation of third-party rights

 If ,apart from delivering the goods, the contract obliges the Seller to process those

goods according to specifications defined by the Client, the Client has to ensure that

contents made available to the Seller for purposes of processing do not violate

third-party rights (for example copyrights and trademark rights. The Client shall

indemnify the Seller from claims of third parties asserted against the Seller in

connection with the violation of their rights by the Seller’s contractual use of the Client’s

contents. The Client will meet any reasonable costs of necessary legal defense including

all court and lawyer’s fees according to the statutory rate. This shall not apply, if the

Client is not responsible for the violation of rights. In case claims are asserted against

the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and

completely with all information that is necessary for the verification of the claims

asserted and for a corresponding legal defense.

10) Applicable Law

10.1  The law of the Federal Republic of Germany shall apply to all legal relationships

between the parties under exclusion of the laws governing the international purchase of

movable goods. For consumers, this choice of law only applies to the extent that the 

 granted protection is not withdrawn by mandatory provisions of the law of the country,

in which the consumer has his habitual residence.

10.2  Furthermore, this choice of law regarding the right to cancel does not apply to

consumers, who are not nationals of a member state of the European Union at the time

of concluding the contract and whose exclusive domicile and delivery address is located

outside of the European Union at the time of concluding the contract.

11) Place of Jurisdiction

 If the Client is a businessman, a legal entity of public law or a separate estate under

public law with its seat in the territory of the Federal Republic of Germany, the Seller’s

place of business shall be the sole place of jurisdiction for all legal disputes arising from

this contract.. If the Client is domiciled outside the territory of the Federal Republic of

Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal

disputes arising from this contract provided that the contract or claims from the contract

can be assigned to the Client’s professional or commercial activities. In any event

however, regarding the aforementioned cases the Seller is entitled to call the court

responsible for the seat of the Client.

12) Alternative dispute resolution

12.1  The EU Commission provides on its website the following link to the ODR platform:

https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising

from online sales and service contracts concluded between consumers and traders.

12.2  The Seller is neither obliged nor prepared to attend a dispute settlement procedure

before an alternative dispute resolution entity.

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