General Terms and Conditions Online Shop
Contracts are concluded with Präsentstudio SOENNECKEN e.K., Volmarsteiner Str. 2, 58089 Hagen, commercial register number at AG Hagen HRA 2964, sales tax identification number: DE812116399, e-mail: firstname.lastname@example.org, telephone number: 02331-94880, fax number: 02331-948888.
You can reach our customer service Monday - Thursday: 08:00 - 12:00 and from 13:00 - 16:00. Fridays: 08:00 - 12:30 under the telephone number: 02331-94880
These General Terms and Conditions (hereinafter also referred to as "GTC") shall apply to all orders placed with us via our online internet shop page (hereinafter also referred to as "Online Shop").
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent 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 independent professional activity.
2. Prices, shipping costs, delivery conditions
For orders in our online shop, the prices listed in the offer at the time of the order shall apply. The prices stated are final prices in euros, i.e. they include all price components as well as the statutory value added tax and apply plus any shipping costs. Unless otherwise stated in the offer, the delivery time is 2 - 4 days. We do not charge any additional costs for the use of the payment methods. Further taxes and costs do not apply. You can find out more about the shipping costs at the respective offer. Delivery is only made to Germany and the EU. Should not all ordered products be in stock, we are entitled to partial delivery at our expense, as far as this is reasonable for the customer. Should the ordered product not be available at any time because we were not supplied with this product by our supplier through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, gladly suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, we will immediately refund any consideration already paid.
The following shall additionally apply vis-à-vis entrepreneurs:
The prices are unpacked. Delivery and transport costs will be charged separately.
Prices quoted to entrepreneurs are exclusive of the respective statutory value added tax. Payments may only be made to us or to persons authorised by us in writing. Invoices are payable in accordance with the date stated or, if the date is not stated, within 8 days of the invoice date net cash free paying agent.
Deadlines are only binding if they have been expressly confirmed by us in writing as binding. The deadline shall be deemed to have been met if, by the time it expires, the goods have left our distribution warehouse or we have notified the customer of our readiness to perform. Unforeseen circumstances and events such as force majeure, government measures, non-issuance of official permits, industrial disputes of any kind, sabotage, shortage of raw materials, delayed delivery of materials through no fault of our own, war, riots, etc. shall postpone the delivery date accordingly, even if they have occurred during an already existing delay.
If we exceed a delivery date that has been promised as binding and if the customer cannot reasonably be expected to wait any longer, the customer may assert further rights after default has occurred and a warning has been issued and a reasonable period of grace has been set. In this case, a claim for damages by the customer is excluded, unless the delay is due to intentional or grossly negligent conduct on our part or on the part of one of our legal representatives or vicarious agents. If the customer is in default of acceptance, we are entitled to refuse performance of the contract after expiry of a grace period to be set by us and to claim damages. Instead, we may also dispose of the goods elsewhere and supply the customer within a new reasonable period.
If we ship the subject matter of the contract at the customer's request, this shall be at the customer's expense and risk. For all deliveries, the risk of loss of the goods shall pass to the customer upon handover to the forwarding agent, the carrier or the persons otherwise designated to carry out the shipment.
3. Conclusion of contract , contract language
The presentation of the articles does not constitute a legally binding offer, but an invitation to the customer to submit a binding offer to us.
When you have found the product you want, you can place it in the shopping basket without obligation by clicking on the "Add to shopping basket" button. You can view the contents of the shopping basket without obligation at any time by clicking on the "Shopping basket" button. You can delete the products contained in the shopping basket by clicking on the "Remove" button or entering a "0" under Quantity and update the shopping basket.
You can check your entries again on our order page. You can cancel the process at any time by closing the browser window. On the individual pages you will also receive further information, for example on correction options. By clicking the button "Buy now" you complete the ordering process. You have thereby placed a binding order. After receipt of his order in the online shop, the customer automatically receives an e-mail documenting his order. This e-mail confirms that we have received the order; a contract is not yet concluded. An effective contract between the customer and us is only concluded if we accept the customer's offer by e-mail or by delivering the goods within five days.
A binding contract can already be concluded beforehand as follows, depending on the selected payment method:
If you have chosen the payment method Paypal, the contract is concluded at the time of your confirmation of the payment instruction to Paypal,
If you have chosen the payment method prepayment, the contract shall be concluded upon receipt of the order confirmation.
The contract shall be concluded exclusively in German. All items are only sold in quantities customary for households.
4. Storage option, inspection of the text of the contract
You can view these GTC on our online shop page. Furthermore, you can print out or save these GTC as a document by using the function provided for this purpose in your internet browser. You can additionally archive the data of your order by either downloading the GTC and saving the data summarised on the last page of the order process in the online shop using the functions of your browser or you wait for the automatic order receipt confirmation which we will additionally send to you by e-mail after completion of your order to the address you have provided. We save the text of the contract and send you the order data by e-mail. You can view past orders in your customer account if you are registered.5. Zahlungsbedingungen
Grundsätzlich bieten wir die Zahlarten PayPal und Vorkasse an. Bei Auswahl der Zahlart Vorkasse wird die Bankverbindung in der Auftragsbestätigung mitgeteilt und die Ware nach Zahlungseingang geliefert. Einzelheiten zur Zahlart PayPal finden Sie auf den Internetseiten des Online-Anbieters PayPal. Die Belastung des Kundenkontos erfolgt mit Abschluss der Bestellung.
6. Right of withdrawal
Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Präsentstudio SOENNECKEN e.K. Volmarsteiner Str. 2, 58089 Hagen, e-mail: email@example.com, telephone number: 02331-94880, fax number: 02331-948888) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
*** Translated with www.DeepL.com/Translator (free version) ***
End of the cancellation policy
The right of withdrawal does not apply to the delivery of goods,
- which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- which can spoil quickly or whose expiry date would be quickly exceeded, sealed goods,
- which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- if they have been inseparably mixed with other goods after delivery due to their nature,
- contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
To Präsentstudio SOENNECKEN e.K., Volmarsteiner Str. 2, 58089 Hagen, Fax number: 02331-948888, E-mail: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
We do not grant a right of withdrawal to entrepreneurs.
7. Warranty conditions
The statutory warranty rights apply to consumers.
The following shall additionally apply vis-à-vis entrepreneurs:
The warranty period is one year
If the customer is an entrepreneur, he is obliged to inspect the delivered goods immediately after delivery and to notify us in writing of any existing defects without delay (at the latest by the second working day after delivery). Defects which are notified late, i.e. contrary to the above obligation, are excluded from the warranty. Non-obvious defects which only become apparent in the course of time must be notified by the entrepreneur in writing immediately after discovery. Notices of defects shall only be recognised as such by us if they have been notified in writing, even if they are made to field staff, carriers or third parties.
Die im Falle eines Mangels erforderliche Rücksendung der Ware an uns durch Unternehmer kann nur mit unserem vorherigen Einverständnis erfolgen. Rücksendungen, die ohne unser vorheriges Einverständnis erfolgen, werden von uns nicht angenommen. In diesem Fall trägt der Kunde die Kosten der sich aus unserer Annahmeverweigerung ergebenden Rücksendung.
In the event that a rectification or replacement delivery is made on the basis of a justified notice of defect, the provisions on delivery time shall apply accordingly.
The warranty period begins with the transfer of risk to the customer. Within this warranty period, we shall remedy free of charge defects which the customer has notified in text form. We shall remedy the defect at our discretion by removing the defect, bypassing the defect or delivering another item (subsequent performance). The customer is obliged to compensate us for those benefits of use which he has derived from the defective item until delivery of a replacement item as compensation for use in accordance with the statutory regulations. If a supplementary performance fails, the customer may set us a further supplementary performance period of at least 3 weeks within which we must fulfil our obligations. This does not apply if setting a grace period is dispensable due to special circumstances (e.g. §§ 323 para. 2, 326 para. 5, 636 BGB). After the unsuccessful expiry of this period, the customer may, at his discretion, demand a reduction in the price, withdraw from the contract and, if the preconditions are met, demand compensation for damages.
Further claims of the customer against us are excluded, in particular claims for compensation for damage that has not occurred to the subject matter of the contract itself. This does not apply insofar as liability is assumed in cases of intent or gross negligence, cf. the regulations under section 8.
Notwithstanding the provisions on warranty as well as other special regulations made in these provisions, the following shall apply in cases where we have breached an obligation:
We shall be liable for our employees, vicarious agents and assistants for damages in an unlimited amount, also for slight negligence in the event of injury to life, body or health of persons.
Beyond this, we shall only be liable to the following extent:
If we breach a material contractual obligation, i.e. an obligation without the observance of which the purpose of the contract could not be fulfilled, we shall also be liable in cases of intent, gross negligence and slight negligence. In these cases, we shall compensate for the damage foreseeable at the time of conclusion of the contract and typical for the contract. If we do not act intentionally or with gross negligence but only with slight negligence, our liability in this respect shall be limited to the respective order value per case of damage, annually to twice the amount.
If the breach of duty by us does not lie in the violation of a material contractual duty, we shall only be liable for cases of gross negligence and intent.
Our liability for fraudulent intent and under the Product Liability Act remains unaffected.
9. Retention of title
The goods remain our property until full payment has been made. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
If the customer is an entrepreneur, the following shall apply in addition: We reserve title to the delivered goods from the business relationship with the customer in simple, extended and expanded form until all claims (including all balance claims from current account) to which we are entitled against the customer for any legal reason now or in the future, or until the complete fulfilment of all claims from the respective contract. Any disposal of the goods subject to retention of title by the customer is only permitted in the customer's regular business transactions. Under no circumstances, however, may the goods be transferred to third parties as security within the scope of regular business transactions. In case of sale of the goods in the regular course of business, the paid purchase price shall take the place of the goods. The customer hereby assigns to us any claims arising from a possible sale. The customer is authorised to collect these claims as long as he meets his payment obligations towards us. With regard to the extended reservation of title (advance assignment of the respective purchase price claim), an assignment to third parties, in particular to a credit institution, is contrary to the contract and inadmissible. We shall be entitled at any time to examine the customer's sales documents and to inform his customers of the assignment. If the customer's claim has been included in a current account, the customer hereby already assigns to us his claim from the current account against his customer. The assignment is made in the amount that we had charged the customer for the resold goods subject to retention of title. In the event of seizure of the goods at the customer's premises, we are to be informed immediately by sending a copy of the execution record and an affidavit that the seized goods are the goods delivered by us and subject to retention of title. If the value of the securities pursuant to the above paragraphs of this section exceeds the amount of the outstanding claim secured thereby after deduction of the security costs by more than 20% for the foreseeable future, the customer shall be entitled to demand the release of securities from us to the extent that the excess exists.
10. Dispute settlement procedure
Consumers can use the platform for out-of-court online dispute resolution for disputes arising from online legal transactions. The platform can be accessed via the following link:
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
If you have any questions in this regard, you can contact us at the e-mail address email@example.com.
11. Taking back electrical appliances and batteries
According to the Electrical and Electronic Equipment Act, electrical and electronic equipment marked with the following symbol must be disposed of separately and not with household waste:
Appliances marked with the aforementioned symbol can be disposed of free of charge at the branch, provided the edge length does not exceed 25 cm.
Larger appliances can only be disposed of if another corresponding or comparable appliance is purchased from us. Old batteries and accumulators that are not included in the appliance must be removed and disposed of separately before handing them in. You are responsible for deleting any personal data that may still be on your old device. We are always available for further information in this regard.
Since we sell batteries and rechargeable batteries or devices containing batteries and rechargeable batteries, we are obliged under the Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries must not be disposed of in household waste, but you are legally obliged to return used batteries and rechargeable batteries. Used batteries may contain harmful substances that can damage the environment or your health if not stored or disposed of properly. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and are recycled. After use, you can either return the batteries to us or take them to your local recycling centre free of charge. The crossed-out dustbin means that batteries and rechargeable batteries must not be disposed of in household waste.
You will find these signs on batteries and rechargeable batteries containing harmful substances:
Cd = battery/rechargeable battery contains cadmium
Pb = Battery contains lead
Hg = Battery contains mercury
12. Final provisions
The following shall additionally apply vis-à-vis entrepreneurs:
Should one or more of the above conditions be or become ineffective or contain a loophole, the remaining conditions shall remain unaffected. In such a case, the contracting parties shall be obliged to replace an invalid condition with a valid one that comes closest to the economic purpose of the invalid one. This also applies to the filling of any unintended gaps that need to be filled.
Any agreements deviating from or additional to the above terms and conditions shall only be effective in the form of a written supplementary agreement to the contract concluded by the parties in which reference is made to the amended terms and conditions. Any waiver of this written form requirement must also be in writing.
The place of performance for all obligations arising from this contract is our registered office. This does not apply to purchases of consumer goods. The sole place of jurisdiction for all disputes arising from the contractual relationship as well as its validity, also in the context of a bill of exchange and/or cheque process, is, if the customer is a registered trader, a legal entity under public law or a special fund under public law or has its registered office abroad, at our discretion the registered office of us or the registered office of the customer.
The law of the Federal Republic of Germany shall apply exclusively to this contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Status: March 2017