Terms and Conditions
hereinafter referred to Greifvogel-Wear, Heidestraße 1-3, 01127 Dresden, as a seller .
§ 1 General Definitions
(1) The seller offers the online shop on the website at www.greifvogel - wear.de textiles . The following terms and conditions apply to the business relationship between the seller and the buyer valid at the time of the order.
(2) Within these conditions are natural persons who enter the legal transaction for a purpose that can not be attributed neither commercial nor their independent vocational activity. Undertakings for the purposes of these terms and conditions are natural or legal persons or partnerships with legal personality , acting upon completion of the transaction in their commercial or independent professional activity.
Customers within the meaning of terms and conditions are both consumers and entrepreneurs.
(3) Individual contract agreements take precedence over these Terms and Conditions . Differing, conflicting or additional terms and conditions are not part of the contract unless their validity is expressly agreed .
§ 2 Conclusion of contract
(1) The Seller's offers are subject to change and not binding, unless it is clear from the offer otherwise . The goods ordered may vary slightly within reason of the goods shown in the Internet due to the inherent display options , in particular this may lead to color variations , as it is reasonable.
(2) The order by the customer can via our website , by e -mail, phone or in writing. The customer's order is a binding offer to conclude a purchase contract on the appointed / n goods / n dar.
(3) The Seller will confirm receipt of the customer's order by mail or phone.
(4) The seller shall be entitled to accept the contractual offer contained in the order within two weeks. When ordered electronically goods, the seller is entitled to accept the order within five working days of receipt by him. One assumption is the same when the seller delivers the goods ordered within that period .
(5) The final contract is subject , in the case of incorrect or improper parts, goods or provide only partial.
This applies only to the case of non-delivery is not the responsibility of the Seller and this has been completed with due diligence a cover transaction with the supplier.
The seller will make all reasonable efforts to procure the goods . Otherwise, the payment will be refunded immediately. In case of non -availability or only partial availability of the goods, the customer will be informed immediately .
(6) If the customer orders the goods electronically, the contract will be filed by the seller and sent to the customer together with the legally effective General Terms and Conditions by e -mail after the conclusion.
§ 3 Retention of title and cancellation
(1) For consumers , the seller retains title to the goods until full payment of the purchase price.
For entrepreneurs , the seller retains title to the goods until full payment of all claims from an ongoing business relationship.
(2) withdraw the case of breach of contract by the customer, especially in case of default , for providing false information to the customer of his creditworthiness or if the legal settlements or insolvency proceedings are commenced against the assets of the Customer , the Seller is entitled to terminate the contract and the goods out to ask if the customer has not yet or not fully paid the consideration.
(3) The employer is entitled to sell the goods in the ordinary course of business. He assigns to the Seller all claims in the amount of the invoice , which accrue to him by the sale to a third party. The Seller accepts the assignment . After the assignment, the Contractor is authorized to collect the debt . The seller reserves the right to collect the claim itself , if the contractor does not fulfill his payment obligations , and in default of payment .
(4) The seller undertakes to release the securities he is entitled on request of the customer insofar as the realizable value of the securities exceeds the secured claims by more than 10 %. The choice of the securities to be doing the seller.
§ 4 Payment
(1) The listed price is binding. The price includes the VAT is included .
(2) The additional costs incurred when shipping shipping costs are included in the shipping information [LINK ] .
(3) The customer has the right to offset only if his claims have been legally recognized or have not been contested by the seller. The customer can only exercise if his counterclaim is based on the same contractual relationship.
(4) The customer agrees to pay within fourteen days of receipt of purchase information by e -mail or bill for the total price. After the deadline, the customer is in default of payment. The consumer has to pay interest on the debt at the rate of 5 % above the base rate during the delay. The entrepreneur has to pay interest on the debt at the rate of 8 % above the base rate during the delay. Compared to the contractor , the seller reserves the right to make a higher default damages .
§ 5 Payment Options Returns
(1) The customer can check the price by cash on pickup , pay in advance / bank transfer , by PayPal or cash on delivery . The seller reserves the right to exclude particular methods of payment.
(2) The buyer must register at www.paypal.de
] . The dispatch takes place as soon as the final amount is credited to the PayPal account of the seller.
(3) When paying by money order / bank transfer the shipping only takes place when the invoice amount is fully credited to the account of the seller.
(4) In the case of payment by cash on delivery , the customer pays directly to the shipping company. There are here on delivery costs in the amount of 2.00 €.
(5) The amount of shipping costs resulting from the shipment costs of the seller [LINK ] may be viewed here . Costs for packaging are included in the shipping cost already .
§ 6 Delivery
(1) The software is delivered in the specified in the shipping information [LINK ] countries .
(2) Goods will be shipped within 3-5 business days after receipt of full payment to the Seller's account .
(3) If goods are not in stock , the vendor will order the goods without delay , inform the customer immediately and notify this to the expected delivery date. These products are labeled accordingly on the website. With regard to the title proper delivery to the seller refers to § 2 paragraph 5 of these General Terms and Conditions .
(4) The seller is entitled to make partial deliveries , as far as a partial delivery is appropriate for the Customer in consideration of his interests . The customers incur no additional costs .
§ 7 Passing
For consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer also on sale to the delivery of the goods .
For businesses, the risk of accidental loss and accidental deterioration of the goods with the delivery goes on sale to the delivery of the goods to the shipper , the carrier, or otherwise to execute the dispatch person or institution to the entrepreneurs about .
The handover is the same if the customer is in default of acceptance .
§ 8 Right of cancellation for consumers
Cancellation policy / Model right of revocation form
Withdrawal for consumers(A consumer is any natural person who enters into a transaction for purposes which can be mainly attributed neither commercial nor their independent vocational activity.)
Right of revocation
You have the right to cancel within fourteen days without giving any reason this contract.
The withdrawal period is fourteen days from the date,
- In which you or a third party named by you, which is not the carrier, the goods have taken physical possession of, if you have ordered one or more products under a single order and these will be delivered uniformly or be;
- In which you or a third party named by you, which is not the carrier, the last goods have taken physical possession of, if you have ordered multiple products within a single order and these are supplied separately;
- In which you or a third party named by you, which is not the carrier, the last installment or the last piece have taken physical possession of, if you have ordered a product which is supplied in several lots or pieces;
To exercise your right of cancellation, you must contact us (Greifvogel Wear; Heidestr. 1-3, 01127 Dresden; Germany / Tel.: +49 (0) 351/8112234 / E-mail address: firstname.lastname@example.org) by means of a clear statement (e.g. a letter of sent by mail or e-mail), inform them of your decision to withdraw from this contract. You can use the attached model withdrawal form which is not mandatory, however.
In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
If you withdraw from this contract, we give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, our standard type of delivery), and must be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract to us or to pass. The deadline is met if you send back the goods before the period of fourteen days.
You bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary to ascertain the nature, characteristics and functioning of the goods dealing with them.
Exclusion and Extinctive facts
The right does not apply to contracts
- The supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer is important or which are clearly tailored to the personal needs of the consumer;
- The supply of goods which can spoil quickly or whose expiration date has passed quickly;
- The supply of alcoholic beverages, the price was agreed in the contract that can be delivered no earlier than 30 days after the conclusion of the contract, however, and the current value of fluctuations in the market depends on which the trader has no influence;
- The supply of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of revocation expires prematurely in contracts
- If its unsealed after delivery for the delivery of sealed goods which are unsuitable for reasons of health or hygiene to return;
- The supply of goods when they were mixed after delivery because of its nature inseparably with other goods;
- The supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- Greifvogel Wear; Heidestr. 1-3; 01127 Dresden; Germany / E-mail address: email@example.com:
- Hereby give notice that (s) I / we (*) from my / us (*) concluded contract for the purchase of the following products (*) / the provision of the following service (*)
- appointed on (*) / received on (*)
- name / consumer (s)
- address of the / consumer (s)
- signature of person / consumer (s) (with message on paper)
(*) Delete as applicable.
§ 10 Warranty
(1) The goods delivered may vary slightly from the goods shown on the Internet , within reason . Reference is made to § 2 paragraph 1 of these terms and conditions.
(2) consumers have the choice of whether the subsequent performance demand by repair or replacement. The seller is entitled to the type of post to be refused if it is only possible with disproportional costs and the other type of remedy without significant disadvantages for the consumer.
For companies the seller for defects in the goods first and at its option by repair or replacement.
(3) If subsequent performance fails , the customer (reduction) , cancel the contract ( withdrawal) or damages can generally demand either a reduction in price of the service. With only minor defects is the customer - taking into account the interests of both parties - no right of withdrawal . Instead of damages in lieu of performance , the customer can demand reimbursement of futile expenses under § 284 BGB , which he made in reliance on the receipt of goods and reasonably could do . If the customer chooses compensation instead of performance , the limitations of liability apply in accordance with § 11 Section 1 of these Terms and Conditions .
(4) Customers must from receipt of goods obvious defects of the delivered goods within a period of two weeks the seller ; otherwise the assertion of the warranty claim is excluded. To meet the deadline, timely dispatch or release. For merchants , § 377 HGB.
(5) Please show the supplier ( carrier / freight service) obvious damage to the packaging , and based thereon damage the content to , refuse and inform us immediately of the incident. However, the non-compliance with this request has no effect on your warranty. The limitation periods are not shortened by the aforementioned request.
(6) If the customer is an entrepreneur , is considered nature of the goods in principle only the product description from the seller as agreed. Public statements, recommendations or advertising by the manufacturer do not represent a contractual condition of the goods dar.
(7) The warranty period for consumers is two years from delivery of the goods . Deviating from the Gewäһrleistungsfrist for entrepreneurs is one year from delivery. For used goods, the warranty period is also one year from delivery of the goods. The one-year warranty period will not apply if the seller of gross negligence or bad faith can be accused of , also not in the case attributable to the ad body and health and loss of life of the customer , in case of a warranty as well as in the case of delivery recourse pursuant to § § 478, 479 BGB. The liability of the seller after the Produktһaftungsgesetz remains unaffected.
(8) The seller gives to the customer no guarantees in the legal sense , unless expressly agreed otherwise . Manufacturer warranties remain unaffected .
§ 11 Limitation of liability
(1) In the case of slight negligence , the liability is limited to the predictable nature of the goods , typical, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives or carry out work or agents of the Seller . The seller is not liable minor contractual obligations for slightly negligent violation . Instead, he is liable for the violation of essential contractual legal positions of the customer. Essential contractual legal positions are such that it has to provide the customer under the contract content and purpose of the contract. The seller is also liable for the breach of obligations the fulfillment of which allows for the proper execution of the contract and may rely on which the customer .
The above limitations do not apply to claims of customers of guarantees and / or Prоdukthaftung . Next the Haftungsbescһränkungen do not apply to bad faith, in violation of contractual obligations and the seller to body or health or in loss of life of the customer.
(2) The Seller shall only be liable for our own content on the Web site of its online stores. As far as is possible , with links to the access to other websites , the seller is not responsible for the external contents . He makes use of the foreign content is not ours . If the Seller becomes aware of any illegal content on external Web sites , it will block access to these sites immediately.
§ 12 Amendment of general business regulations
(1) The seller reserves the right to change these terms and conditions at any time subject to reasonable notice of at least two weeks. Contractual customer will be informed of changes to the terms and conditions in writing or by e -mail.
(2) If the customer within two weeks after publication, the amended General Terms and Conditions shall be deemed accepted. In the announcement of the change is pointed out the importance of the two-week period .
§ 13 Final provisions
(1) The law of the Federal Republic of Germany . For consumers who do not conclude the contract for professional or commercial purposes , this choice of law only to the extent that the granted protection is not withdrawn by mandatory provisions of the laws of the State in which the consumer has his habitual residence.
The provisions of the UN Sales Convention do not apply.
(2) If the customer is a merchant, legal entity under public law or a public law special fund , jurisdiction is the competent to the business of the seller Court for all disputes arising from this contract , except in case of an exclusive venue . However, the seller is also entitled to sue the merchant at his residence or place of business judgment. The jurisdiction basis of an exclusive jurisdiction remains unaffected.