1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Hanan Eisen (Unikat), Collegiumsgasse 14, 72072 Tübingen (hereinafter referred to as "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the "Pay now" button which concludes the ordering process.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the second day following the sending of the offer.
2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Prices and terms of payment
3.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.2 Various payment options are available to the customer, which are indicated in the Seller's online shop.
3.3 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.
3.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe), subject to the PayPal terms and conditions of use, or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
3.5 When paying by credit card, the customer pays directly in the ordering process by entering their credit card details. When the goods are dispatched, your credit card will be charged with the actual invoice amount. In the case of goods that are specially made to customer specifications or clearly tailored to personal needs, your credit card will be charged immediately with the actual invoice amount.
4) Right of withdrawal
4.1 Consumers have a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
5) Delivery and shipping conditions
5.1 Delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay. This provision does not apply to consumers.
6) Retention of title
6.1 With respect to consumers, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in deviation from this:
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer with the restriction of the following clause.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply to
- to goods which have not been used in accordance with their customary use for a building and have caused its defectiveness,
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
- for other damage caused by an intentional or grossly negligent breach of duty by the seller or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
The Seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Applicable law / place of jurisdiction
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 For all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction shall be the Seller's place of business.
10) Information on online dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.