General Terms & Conditions

General terms and conditions (AGB) and consumer information

We thank you for your order

In the following we would like to introduce you to the general terms and conditions of the online shop tarpaulin-Gartenmoebel.de (hereinafter referred to as “seller”) and give you consumer information that the seller uses for the provision of all services. We only recognize terms of the customer that conflict with or deviate from our terms of sale if we expressly agree to their validity in writing.
 
I.
§ 1 conclusion of the contract
1.1 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking on the button that concludes the ordering process, you are submitting a legally binding contract offer in relation to the goods contained in the shopping cart. A confirmation of the receipt of the order, which takes place immediately after the order has been sent, does not constitute acceptance of the contract. The purchase contract only comes into existence through the express declaration of the seller or the dispatch of the goods. The regulations for the conclusion of the contract also apply to orders by email, phone, fax or post.
1.2 Please note that, as an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly (congruent covering business). It is also a prerequisite that we are not responsible for the lack of availability of the goods and that we have informed you of this immediately. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made.
1.3 We do not assume the risk of having to procure an ordered product (procurement risk). This also applies to the ordering of goods that are only described in terms of their type and characteristics (generic goods).

§ 2 Documents provided
On all documents provided to the customer in connection with the placing of the order, e.g. B. calculations, drawings, etc., we reserve ownership and copyrights. These documents may not be made accessible to third parties, unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in § 1, these documents must be returned to us immediately.
 
§ 3 Validity of prices
The prices stated by the seller are euro prices (including VAT). The prices valid when ordering are valid.
 
§ 4 packaging and shipping costs
Any additional delivery and shipping costs incurred will be pointed out separately by the seller before the actual payment process.

§ 5 payment
5.1 You can pay in advance, bank transfer, PayPal payment by invoice / purchase on account, credit card, debit card or giropay. There is no possibility of a cash discount deduction.
5.2 We reserve the right to offer you only certain payment methods for the requested delivery, for example only to secure our credit risk according to the respective credit rating.
5.3 Any costs that arise from a bank transaction vis-à-vis the seller, because the customer did not give the payment instruction in advance in SEPA transfer format or was not carried out as such by the buyer's bank, are to be borne by the buyer.
5.4 In the case of deliveries to countries outside the European Union, additional costs may arise which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
5.5 In the case of purchase by credit card, your credit card account will be debited when we send the order.
5.6 In the case of an advance payment order, unless otherwise agreed in writing, the purchase price must be paid within 7 days of the order. In the event of a delay in payment, we reserve the right to charge flat-rate reminder fees as damage caused by delay in the amount of EUR 7.00 per reminder. The seller reserves the right to claim higher damage caused by delay. You are allowed to prove that the damage was less than the flat rate or that there was no damage at all.
5.8 You agree that the delivery of invoices and credit notes can be done electronically.

§ 6 delivery
6.1 Orders and deliveries are generally only possible within Germany, unless the seller accepts an order outside of Germany. In principle, delivery is carried out by DPD Deutschland GmbH or another delivery company commissioned by the seller. The delivery of articles takes place only in usual household quantities.
6.2 If DPD Deutschland GmbH, or another delivery company commissioned by the seller, sends the dispatched goods back to the seller or his service provider, because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment.
6.3 If the customer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred to us and our service provider, including any additional expenses. Further claims remain reserved.
6.4 Delivery times without guarantee and only if the seller is able to deliver.

§ 7 campaign vouchers
7.1 Promotional vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific period of validity.
7.2 These can only be redeemed in the specified period and only once in the course of an order process. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers can be tied to a minimum order value or other requirements.
7.3 The value of the goods must at least correspond to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the payment options offered. The value of a promotional voucher is neither paid out in cash nor interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
7.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.
7.5 If you have used a promotional voucher with your purchase, we reserve the right to charge you the original price of the goods that you keep, if - due to your cancellation - the total value of the order falls below or exceeds the respective value of the promotional voucher corresponds or the conditions for redemption no longer exist.
 
§ 8 retention of title
8.1 We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always refer to them expressly. If the customer behaves contrary to the contract, we are entitled to take back the purchased item and the costs and loss of value incurred by the customer must be borne by the customer.
8.2 The buyer is obliged to treat the goods with care as long as the ownership has not yet passed to them. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other third party interventions. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incurred.

§ 9 Electronic communication
You agree that the contract-related communication can take place in electronic form.
 
§ 10 Alternative dispute resolution
We are not obliged and are not prepared to participate in dispute settlement proceedings before a consumer arbitration board.
 
§ 11 Contract language / storage of the order text
The contract is concluded in German. The order text is saved by us. You can print out your order data for your documents immediately after submitting the order.
 
§ 12 right of withdrawal
12.1 Consumers generally have a right of withdrawal.
12.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
 
§ 13 Exclusion / expiry of the right of withdrawal
A right of withdrawal exists according to § 312g Abs. 2 BGB and others. not for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.

§ 14 Passing of Risk on Dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when leaving the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
 
§ 15 Warranty / statutory liability for defects
It is pointed out that there is a statutory right to liability for defects
 
§ 16 Copyright
All third-party logos, pictures and graphics are the property of the respective companies and are subject to the copyright of the corresponding licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which have been developed by the seller or have been prepared by the seller, may not be copied or otherwise used without the consent of the seller. All rights reserved.

§ 17 final provisions
17.1 The validity of the UN sales law is excluded, the law of the Federal Republic of Germany applies.
17.2 These general terms and conditions are recognized with an order.
17.3 The use of the goods available on www.Abdeckplane-Gartenmoebl.de is possible for people who are fully capable of doing business.
17.4 The place of jurisdiction is the company headquarters of the seller.
17.5 Should individual provisions of these terms and conditions be or become ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. The ineffective or unenforceable provision should be replaced by the effective and enforceable regulation, the effects of which come closest to the economic objective that the contracting parties have pursued with the ineffective or unenforceable provision.
 
 
 
II
Additional anchor information in electronic commerce - order process
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. We made the electronic order technically very easy for you. If necessary, select the size and color, determine the number of items to be ordered and prepare the order by saving the item by clicking the "Add to cart" button. You then select "Checkout" or continue shopping. You can also access the shopping cart using the link "Show shopping cart" in the top navigation bar. There you will be guided to the entry of your data in further steps and can check your details before sending the order and correct them if necessary. The order is then only clicked on
"Order with costs" completed. By clicking this button you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order has been sent and does not constitute acceptance of the contract. The further conclusion of the contract is based on Section 1 of the General Terms and Conditions.


your
Cover-Gartenmoebel.de team
 
As of February 14, 2020