Right of withdrawel
If a return debit note comes into play on account of a situation inwhich you defaulted on your obligation, you have to pay the incidental bank charge.§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goodssubject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to themagnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, youare authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, wereserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newlyformeditem. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title andthe other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisablevalue of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as itis delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, itshall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things thatrepresent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturerare not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed,you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failedsecond attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. Incase of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment,as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or grossnegligence;- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;- for statutory recourse claims, which you have against us in connection with warranty rights.§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteedby the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-thedoubtprinciple).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist withus. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, aswell as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings.This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.II. Customer information1. Identity of the seller
Yago Lila Gmbh Martiusstrasse 5 80 802 München firstname.lastname@example.org
Alternative dispute resolution:The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed underhttps://ec.europa.eu/odr.2. Information regarding the conclusion of the contract The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed inaccordance to the regulations "conclusion of the contract" in our standard business terms (part I.)
.3. Contractual language, saving the text of the contract
3.1 Contract language shall be English
.3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract datacan be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legallymandateddetails related to distance selling contracts and the standard business terms are re-sent to you via e-mail
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotationrequests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.4. Main features of the product or serviceThe key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button onour website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne byyou, insofar as free delivery is not confirmed
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes ormoney transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but thepayment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in therespective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concludedbecome payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button onour website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded duringshipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person whohas otherwise been appointed to execute the shipping operation.If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty rightLiability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantlychecked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warningsare issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.last update: