General Terms and Conditions of Business

General Terms and Conditions of Business

1 Scope The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur 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. These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. contractual partner
Conclusion of contract The sales contract is concluded with Die Buntspechte. By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button and accepting the offer for the goods contained in the shopping basket. Immediately after sending the order you will receive another confirmation by e-mail.

3rd contract language
Storage of contract text The languages available for the conclusion of the contract are German and English. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.

4 Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers. We only deliver by dispatch. A self-collection of the goods is possible in our workshop shop in Creglingen.

5. payment
payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal. If you have chosen the payment method PayPal, in order to be able to pay the invoice amount, you must be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process. If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and your legitimacy as a legal cardholder and your card will be debited. You will receive further information during the ordering process.
direct pay
After placing your order you will be redirected to the website of the online provider paydirekt. In order to pay the invoice amount via paydirekt, you must have an online banking account that is activated for participation in paydirekt, be registered there or register first, identify yourself with your access data and confirm the payment order to us. Immediately after the order we request paydirekt to initiate the payment transaction. The payment transaction is executed automatically by paydirekt. You will receive further information during the ordering process. Invoice You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

6 Retention of title
The goods remain our property until full payment has been received. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may not assign claims to third parties.

7. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance. For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8 Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The above restrictions and reduction of time limits shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, insofar as the scope of application of the Product Liability Act has been agreed. Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.

9. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation for injury to life, body or health, for intentional or grossly negligent breach of duty, for warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act has been opened. In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

10. settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body. The General Consumer Arbitration Office of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.

11. concluding provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB provides with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke attorneys at law.