General Terms and Conditions & Customer Information
A. General Terms and Conditions
* 1. Scope of application
* 2. Conclusion of contract
* 3. Cost of return delivery when exercising the right of cancellation
* 4. Prices and payment terms
* 5. Delivery and shipping terms
* 6. Retention of title
* 7. Liability for defects
* 8. Liability
* 9. Applicable law, place of jurisdiction, contract language
B. Customer information
* 1. Information about the identity of the Seller
* 2. Information about the essential characteristics of the product or service
* 3. Information about the conclusion of the contract
* 4. Information about payment and delivery
* 5. Information about the technical steps that lead to the conclusion of the contract
* 6. Information about the storage of the contract text
* 7. Information about the technical means for recognising and correcting input errors
* 8. Information about the languages available for the conclusion of the contract
A. General Terms and Conditions
1) Scope of application
1.1 These General Terms and Conditions of CONVAR Deutschland GmbH (hereinafter, "Seller") apply for all contracts that a consumer or entrepreneur (hereinafter, "Customer") concludes with the Seller for the products and/or services presented in the Seller's online shop. The applicability of the Customer's own terms and conditions is hereby ruled out, unless agreed otherwise.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural person or legal person or a partnership with legal capacity that is acting within the scope of its independent professional or commercial activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but, rather, serve the purpose of the Customer submitting a binding order.
2.2. The Customer can submit the order via the online order form integrated into the Seller's online shop. In doing so, the Customer, after entering his personal details and clicking on the button that concludes the order process, is submitting a legally binding contractual offer in relation to the goods contained in the shopping cart.
2.3 The Seller can accept the Customer's order by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The Seller is entitled to refuse the order.
2.4 The order processing and communication with the Customer are usually performed by means of e-mail and automated order processing. The Customer must ensure that the e-mail address provided for the purpose of processing the order is valid, so that the e-mails sent by the Seller can be received to this address. If SPAM filters are used, the Customer shall ensure in particular that all e-mails sent by the Seller, or by third parties commissioned by the Seller to process the order, can be delivered.
3) Cost of return delivery when exercising the right of cancellation
If the Customer has a right of cancellation, he will be reimbursed the regular cost of return delivery when exercising this right, provided that the price of the goods to be returned does not exceed 40 euros, or, where the price of the goods is higher, the Customer has not yet made full payment or a partial payment at the time of the cancellation, unless the delivered goods do not correspond to those ordered. In all other cases, the cost of return delivery shall be borne by the Seller.
4) Prices and payment terms
4.1 The prices specified by the Seller are final prices and include VAT at the statutory rate. Any additionally incurred delivery and shipping costs are specified separately in the corresponding product description.
4.2 For deliveries to countries outside of the European Union, additional costs that the Seller is not responsible for may be incurred in individual cases; these shall be borne by the Customer. This includes, for instance, fees for transferring money via credit institutions (e.g. bank transfer charges, currency exchange fees) or customs duties and taxes (e.g. tolls).
4.3 The Customer may choose from several payment methods, which are specified in the Seller's online shop.
4.4. If payment in advance has been agreed, payment will become due immediately after conclusion of the contract.
5) Delivery and shipping terms
5.1 Goods are delivered by means of conventional shipping methods to the delivery address specified by the Customer. When processing the transaction, the delivery address specified in the Seller's order processing system is decisive.
5.2 If the freight company returns the sent goods to the Seller because they could not be delivered to the Customer, the Customer shall bear the cost of the unsuccessful delivery. This does not apply if the Customer exercises his right of cancellation by refusing to accept the delivery, if he is not responsible for the circumstances that prevented the goods from being delivered, or if he was temporarily prevented from accepting the service offered, unless the Seller notified the Customer of the service in due time.
5.3 In principle, the risk of accidental destruction and accidental impairment of the sold goods will transfer upon the goods being handed over to the Customer or a person authorised to accept them. If the Customer is acting as an entrepreneur, the risk of accidental destruction and accidental impairment in the case of a distance sale will transfer to a suitable transport party upon delivery of the goods at the Seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the case of incorrect or improper delivery by its own suppliers. This only applies if the Seller is not responsible for the non-delivery and has arranged a specific contingency plan with the supplier, exercising due care. The Seller will take all reasonable measures to procure the goods. If the goods are not available or only partially available, the Customer will be informed immediately and the payment will be refunded immediately.
5.5 If the Customer is collecting the ordered goods himself, the Seller will initially inform him by e-mail that his ordered goods are ready for collection. After receiving this e-mail, the Customer can then collect the goods by arrangement with the Seller. In such instance, no shipping costs will be charged.
6) Retention of title
6.1 In the case of consumers, the Seller will retain ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In the case of entrepreneurs, the Seller will retain ownership of the delivered goods until all receivables from an ongoing business relationship have been settled in full.
7) Liability for defects
The legal provisions apply if the delivered goods are defective. This does not apply for goods that have not been used in their intended way for a building and which have caused its defective condition:
7.1 For entrepreneurs
* a minor defect shall in principle not give rise to any claims for defects,
* the Seller may choose the form of remedial action,
* the limitation period for defects is one year from the transfer of risk in the case of new goods,
* the rights and obligations relating to defects are in principle excluded in the case of used goods,
* the limitation period does not start again if a replacement delivery is made as part of the liability for defects.
7.2 For consumers, the limitation period for claims for defects is * two years from delivery of the goods to the Customer in the case of new goods. * one year from delivery of the goods to the Customer in the case of used goods, subject to the limitation under item 7.3.
7.3 In the case of entrepreneurs and consumers, the liability and limitation period restrictions under items 7.1 and 7.2 above may not relate to claims for damages and the reimbursement of expenses which the buyer can legally assert for defects pursuant to item 8.
7.4 In addition, the statutory limitation periods for the right of recourse pursuant to Section 478 BGB remain unaffected in the case of entrepreneurs. The same applies for entrepreneurs and consumers in the case of intentional breaches of obligation and the fraudulent concealment of a defect.
7.5 If the Customer is acting as a merchant within the meaning of Section 1 HGB (German Commercial Code), he has a commercial obligation to examine the goods and report any defects pursuant to Section 377 HGB. If the Customer fails to perform the reporting obligations governed therein, the goods shall be deemed to have been accepted.
7.6 If the Customer is acting as a consumer, he is requested to report delivered goods with obvious transit damage to the delivery person and inform the Seller thereof. If the Customer fails to do so, this will not affect his legal or contractual claims for defects in any way.
7.7. If remedial action takes the form of a replacement delivery, the Customer is obliged to return the initially delivered goods to the Seller within 30 days at the Seller's expense. The defective goods must be returned in accordance with the legal provisions.
The Seller is liable towards the Customer in the following ways for all contractual, contract-related and legal, including delictual, claims for damages and the reimbursement of expenses:
8.1 The Seller's liability on any legal grounds is unlimited
* in the case of intent or gross negligence,
* in the case of negligent or intentional loss of life, bodily injury or impairment of health,
* on the basis of a guarantee promise, provided that nothing is agreed to the contrary,
* on the basis of strict liability, such as pursuant to the Product Liability Act.
8.2 If the Seller negligently breaches an essential contractual obligation, the liability shall be limited to foreseeable damage that is typical of the contract, provided that there is no unlimited liability pursuant to item 8.1. Essential contractual obligations are obligations that the contract, in terms of its content, imposes on the Seller in order to achieve the contractual purpose, the fulfilment of which is essential to enable the proper performance of the contract in the first place and which the Customer can usually expect to be complied with.
8.3 All further liability on the Seller's part is excluded.
8.4 The above liability provisions also apply in relation to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable law, place of jurisdiction, contract language
9.1 All legal relationships between the parties are subject to the law of the Federal Republic of Germany, under exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies if the afforded protection is not withdrawn by mandatory provisions of the laws in the country where the consumer has his habitual residence.
9.2 If the Customer is acting as a merchant, a legal person under public law or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Seller is in all cases entitled to appoint the courts at the Customer's place of domicile.
9.3 The contract language is German.
B. Customer information
1) Information about the identity of the Seller
CONVAR Deutschland GmbH
Massachusetts Avenue 4600
66953 Pirmasens, RLP
Phone: +49 6331 268 268
Fax: +49 6331 268 299
Geschäftsführer: Karin D.G. Hensel
Handelsregister: HRB Zweibrücken Nummer 22952
2) Information about the essential characteristics of the product or service
The essential characteristics of the product or service are based on the corresponding product description provided by the Seller.
3) Information about the conclusion of the contract
The contract is concluded in accordance with item 2 of the Seller's General Terms and Conditions (see above).
4) Information about payment and delivery
Payment is made in accordance with item 4 of the Seller's General Terms and Conditions (see above) in connection with the details about payment methods published in the Seller's online shop. Delivery is performed in accordance with item 5 of the Seller's General Terms and Conditions (see above).
5) Information about the technical steps that lead to the conclusion of the contract
5.1 The Customer must perform the following technical steps to submit his order via the Seller's online order form:
5.1.1 Add the desired item to the virtual shopping cart
5.1.2 Log in to the online shop by entering the user name and password, or if a customer account does not yet exist register with or without opening a customer account
5.1.3 Enter the invoice and delivery address
5.1.4 Select the desired payment method
5.1.5 Select the desired shipping method
5.1.6 Summary of the order data
5.1.7 Send the order
5.2. The Seller accepts the order in accordance with item 2.3 of the Seller's General Terms and Conditions (see above).
6) Information about the storage of the contract text
The contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter), together with these General Terms and Conditions and customer information, after submission of the Customer's order. In addition, the contract text is archived in the website of the Seller and can be accessed free of charge by the Customer via his password-protected customer account by entering the corresponding log-in details, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
7) Information about the technical means for recognising and correcting input errors
Before the binding submission of an order, the Customer can continuously correct his entered details by means of the usual keyboard and mouse functions. In addition, all entered details are displayed again in a confirmation window before the binding submission of the order and can also be corrected there by means of the usual keyboard and mouse functions.
8) Information about the languages available for the conclusion of the contract
The contract may only be concluded in the German language.