(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Daniel Holtwiesche) via the website www.danholt.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you for the conclusion of a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After accessing the “checkout” page and entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed to you as an order overview.
If you use an instant payment system as the payment method (e.g. PayPal / PayPal Express, Amazon Payments, instant bank transfer), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them, also via the “back” function of the Internet browser, or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay” or similar wording), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form, for example by e-mail, which you may accept within 5 days, unless a different period is stated in the respective offer.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title is transferred, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that arise from the resale; we accept this assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.
d) We undertake, at your request, to release the securities to which we are entitled insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.
(1) The statutory rights for liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not any other advertising, public statements or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the goods or the defect or from other circumstances. In the case of repair, we are not obliged to bear the increased costs resulting from transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us caused culpably by injury to life, body or health, and to other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights arising from defects.
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
Daniel Holtwiesche
Häselstraße 57
88422 Bad Buchau
Germany
Phone: 07582 9399935
E-mail: info@danholt.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I.).
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we have received the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, for example by e-mail, which you can print or save electronically.
4.1. We have submitted ourselves to the Käufersiegel quality criteria of Händlerbund Management AG, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf.
The essential characteristics of the goods and/or services can be found in the respective offer.
6.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you additionally, unless free shipping has been promised.
6.3. In the case of delivery to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which must be borne by you.
6.4. Any costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are carried out at your risk.
Liability for defects is governed by the provision “Warranty” in our General
Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 29/11/2022
