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GCS - Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Kerstin Harms) via the www.passepartout-werkstatt.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Ordering with cost liability” button, you are considered to have made a binding offer to us. 
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.

(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Individually-designed products

(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
 
(2)
You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
 
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
 
(4) Insofar as we create texts, images, graphics and designs for you within the framework of the customised designing process, the said items are subject to copyright law.
Individual parts or complete contents may not be utilised, reproduced or modified unless we have explicitly authorised such a course of action.
Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.


§ 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 goods subject 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 the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve 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 newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the 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 realisable value 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 it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall 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 that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are 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 failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case 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 gross negligence;
  • 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

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

Kerstin Harms
Dorfstraße 10
21379 Echem
Germany
Telephone: +49 (0) 4139 - 686 6
E-Mail: info@passepartout-werkstatt.de



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://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 in accordance 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 data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details 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 quotation requests 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 service

The 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 on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, 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 or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
 
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become 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 on our 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 during shipping 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 who has 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 right

Liability 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 constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last update: 07.12.2017


Payment and dispatch

The following terms and conditions apply:

Dispatch conditions

The products are delivered all over the world.

Dispatch costs (inclusive of legally applicable VAT)

Domestic deliveries (Germany): 

Versand innerhalb Deutschland bei Paketen bis zu:

60 x 80 = 9,80 €
80 x 100 = 19,80 €
100 x 140 = 35,00 €

Ab 140,- € Bestellwert halbiert sich Ihr Frachtanteil auf 4,90 €, 9,90 €, 17,50 €.
Ab 210,- € Bestellwert erfolgt die Lieferung frei Haus.


Deliveries to foreign countries:


AGB Europa

If you order in our Online-Shop, there will be the real shipping costs to your country displayed in the bastket.
Deliveries abroad are only possible up 80 x 100 cm. Because of the raised risk of fracture we do not send Float- and Acrylicglass abroad. 


Delivery periods

Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 3 - 5 days, for deliveries abroad within 5 - 7 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Sundays and other holidays.

If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.

In case of self-collection, we will inform you by email once the product is ready, along with the collection options. In this case, dispatch costs will not be charged.

Terms of payment

For domestic deliveries (Germany) the following payment options are available:

Payment in cash at the time of collection
-  Prepayment via transfer
Payment by invoice

In case of deliveries to a foreign country, you have the following payment options:

-  Payment in cash at the time of collection
-  Prepayment via transfer
-  Payment via PayPal


Further details on payment

 


As long as you make the prepayment within 8 days after the order acknowledgement, we will grant you 2 % early payment discount on the gross product value of the order.

The invoice amount is to be settled at the time of payment on invoice within 30 days.

Our bank account:

Sparkasse Lüneburg
An der Münze 3
21335 Lüneburg
Kontoinhaber: Kerstin Harms

Bankleitzahl 240 501 10

Kontonummer 654 09 153

IBAN-Nr. DE64 2405 0110 0065 4091 53
BIC NOLADE21LBG


In case of questions, please contact us at the contact details mentioned in the Legal Notice.


 

Data protection declaration

We attach maximum importance to protecting your data and safeguarding your privacy. Therefore, we provide information below regarding collection and use of personal data while using our website.

Anonymous data collection
You can visit our websites without having to provide any personal details. We do not save any personal data in this connection. In order to improve our offer, we evaluate only the statistical data, which does not allow any inference of your personal details.


Collection, processing and use of personal data
We collect personal data (particulars of personal or objective relationships of a particular or definable natural person) only within the scope provided by you.
Your personal data is processed and used for completing and processing your order and also for processing your requests.
After the contract is processed completely, all the personal data is first saved taking into account the retention periods under fiscal and commercial law and then deleted after the expiry of the deadline, if you have not approved of the further processing and use.


Using an email address for sending a direct advertising
Provided that you have not disagreed, we shall use your email address, which we received as part of selling an item or service, for the electronic transmission of advertising for your own goods and services, which are similar to those that you have already purchased from us. You may object to the use of your email address at any time by sending us a message. You'll find the contact details for exercising your objection in our imprint. You can also use the link provided in the advertising email. This shall not result in any costs other than transmission costs in accordance with your basic rates.


Forwarding personal data
Your data is not forwarded to third parties without your explicit consent. Only our service partners, which we require for handling the contractual relationship, are excluded from this. In these cases, we strictly adhere to the specifications of the Federal Data Protection Act. The scope of the data transfer is restricted to a minimum.


Cookies
Our websites use so-called cookies at several places. Cookies are small text files, which are stored on your computer and which your browser saves. They help to make our offer more user-friendly, effective and reliable. In addition, cookies allow our systems to identify your browser and offer you services. Cookies do no contain any personal data.


Using Google Adwords conversion tracking
We use the online advertising service “Google AdWords” and conversion tracking within the scope of Google AdWords. Google Conversion Tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”).
If you click an advertisement run by Google, a cookie for the conversion tracking is saved on your computer. These cookies have a limited validity, do not contain any personal data and thus do not help in personal identification.
If you visit specific webpages of our website and the cookie has not yet expired, Google and we can identify that you have clicked on the advertisement and were forwarded to this page.
Every Google AdWords customer receives a different cookie. Thus, there is no option that cookies can be tracked via the websites of AdWords customers.
The information that is obtained with the help of the conversion cookie helps to generate conversion statistics for AdWords customers, who have decided on conversion tracking. Here, the customers find out about the total number of users who have clicked on their advertisement and were forwarded to a site provided with a conversion tracking tag. You however do not receive any information which can be used to identify users personally.
If you do not wish to take part in the tracking, you can disagree to this use by not installing the cookies through a corresponding setting of your browser software (deactivation option). You are then not included in the conversion tracking statistics.
For additional information as well as for the data protection declaration, please visit: http://www.google.de/policies/privacy/


Use of Google Analytics
This website uses Google Analytics, a web analysis service by Google Inc. („Google“). Google Analytics uses so-called “cookies”, text files, which are saved on your computer and which allow analysing the use of the website by you. The information generated by the cookie about your usage of this website is generally transferred to a Google server in USA and saved there. If IP anonymisation is activated on this website, your IP address is however abbreviated by Google in advance within the member states of the European Union or in other contracting states of the Treaty on the European Economic Area. The complete IP address is transferred to a Google server in USA and abbreviated there only in exceptional cases. Google shall use this information on behalf of the operator of this website to evaluate your website use, to compile reports about the website activities and to provide additional services associated with the website use and Internet use as against the website operator. The IP address transferred from your browser within the scope of Google Analytics is not consolidated with the other data by Google. You can prevent cookies from being saved through a corresponding setting of your browser software; however, we would like to bring to your attention that you may not be able to use all the functions of this website entirely in this case. In addition, you can prevent the recording of data (including your IP address) generated by the cookie and based on your website use in Google as well as the processing of this data by Google by downloading the browser plug-in available on the following link and installing it [http://tools.google.com/dlpage/gaoptout?hl=de].


Information, correction, blocking and deletion of data
At all times, you have the right to free information about your saved data as well as the right to correction, deletion and blocking of the same. Please contact us if required. You will find the contact details in our Legal Notice.


last update: 03.12.2015

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