§ 1 Scope of application, consumer information The following General Terms and Conditions govern the contractual relationship between Wieland Neumann, bilderrahmenshop24 (hereinafter referred to as the “Seller”) and consumers and companies purchasing goods via the website www.bilderrahmenshop24.de. The present General Terms and Conditions further include consumer information pursuant to German Civil Code, BGB. The language of the contract is German.
§ 2 Conclusion of the contract (1) Offers made on the Internet constitute a non-binding invitation for the customer to order goods. (2) Customers may place orders via the Internet or by fax. Such orders constitute a binding offer on the part of the customer to conclude a purchase contract. (3) Confirmation of receipt of order shall be sent without delay by e-mail or fax and shall constitute acceptance of offer and conclusion of the purchase contract.
§ 3 Consumer information Storage of the text of the contract The text of the contract shall be stored and may be viewed by the consumer at any time via the customer log-in area.
§ 4 Costs of returns in cases where the customer is a private consumer In the case of withdrawal, you shall, in your capacity as a private consumer, bear the costs of regular return if the product delivered is in accordance with what was ordered and if the value of the goods to be returned does not exceed €40 or – in the event that the price of the product is higher – if you have not yet provided payment or a contractually agreed partial payment at the time of withdrawal.
§ 5 Retention of title Ownership of goods shall not be transferred to the customer until such time as payment in full has been made. No goods may be pledged, offered as collateral, processed or altered prior to transfer of ownership without the express approval of the Seller.
§ 6 Guarantee
(1) Guarantee for consumers in the case of used goods
Guarantee claims of the purchaser due to defects in used goods shall lapse in one year. Compensation claims and other claims arising as a result of malicious concealment of defects by the Seller shall be excluded from the present provision. The guarantee period in the case of new goods shall be two years.
(2) Guarantee for companies
a) In the event that a purchase represents a commercial transaction for Neumann Bilderrahmen and for the customer, the purchaser shall inspect goods delivered without delay in order to ascertain any deviations in quality and quantity and shall notify Neumann Bilderrahmen in writing of any obvious defects within a period of one week from receipt of goods. Assertion of guarantee claims shall otherwise be excluded. Neumann Bilderrahmen shall be notified in writing of any hidden defects within a period of one week following discovery of any such defect. Timely dispatch of notification shall be deemed sufficient for compliance with said deadline. In such a case, the purchaser shall bear the full burden of proof in respect of all prerequisites for asserting a claim and shall in particular provide evidence of the defect itself, of the time at which the defect was ascertained and of timely notification of defect.
b) In the case of a defect, Neumann Bilderrahmen may choose to fulfil the guarantee by subsequent performance or by replacement delivery.
c) Claims of the customer for defects shall lapse in one year. Such a limitation of claims shall not apply to claims for compensation.
(3) Neumann Bilderrahmen may require the customer to return defective objects of purchase in the event that bilderrahmendiscount24 supplies an object of purchase which is free from defects for the purpose of subsequent performance.
(4) Damage caused by circumstances in which the customer acts in an improper manner or in a manner contrary to the contract in initiating measures for the display, connection, operation or storage of the product shall not form the basis of any claim against Neumann Bilderrahmen.
§7 Limitation of liability The Seller excludes liability for breaches of contractual obligation caused by ordinary negligence insofar as such breaches of contractual obligation do not constitute material breach of contractual duties, do not relate to damage to life limb or health, do not pertain to guarantees or do not form the basis of claims pursuant to the German Product Liability Act. The same shall apply in respect of breaches of contractual obligation by our vicarious agents or by our legal representatives. Material contractual duties of the Seller shall in particular include the duty to transfer the product to the customer and to confer ownership in the product on the customer. The Seller shall further ensure that goods will be supplied free from material and legal defects.
§ 8 Natural products In the case of natural products such as wooden frames, no complaints regarding deviations in colour or grain can be accepted.
§ 9 Complaints Notification of complaints regarding the quantity and the characteristics of goods must be made to us in writing by fax, letter or e-mail within 4 days. Telephone complaints cannot be accepted due to the duty of proof. In the case of justified complaints, we reserve the right to provide a replacement delivery or a credit. Damage during transportation must be reported to the carrier responsible within the 5-day deadline stipulated by the insurance company.
§ 10 Place of jurisdiction If the customer is a commercial enterprise, place of jurisdiction shall be agreed to be Löbau/Germany.
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