General Terms and Conditions and Consumer Information

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts between acufactum ute menze - handel - verlag - Inhaber Ute Menze e.K., Buchenstr. 11, 58640 Iserlohn-Hennen, Germany - hereinafter referred to as "Supplier" - and the Customer, which are concluded via the Supplier's online store. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or 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 his independent professional or commercial activity.
(3) Contract language is German. The text of the contract shall be stored by the Provider. However, the storage is only for a limited period of time, therefore the customer has to provide for a printout or a separate storage himself.
 

§ 2 Subject matter of the contract

Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and the supplementary information on the website of the provider.
 

§ 3 Conclusion of the contract

(1) The goods offered by the provider on the Internet do not represent a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer of the customer).
The customer can submit his purchase offer by telephone, in writing, by fax, by email or via the online ordering system.
When purchasing via the online ordering system, please note:
The goods intended for purchase are stored in the "shopping cart". Using the corresponding button in the navigation bar, the customer can call up the "shopping bag" and make changes there at any time. After calling up the page "Order article now" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again. Before sending the order, the customer has the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. By sending the order via the corresponding button, the customer submits a binding offer to the provider. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(2) The use of permitted instant payment methods by the customer does not yet lead to the conclusion of a contract despite the payment of the purchase price or fee. The acceptance of the offer (and thus the conclusion of the contract) is made in any case by confirmation in text form (eg email), in which the customer is confirmed the processing of the order or delivery of the goods or by sending the goods.
If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.
 

§ 4 Prices, shipping costs

(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) The shipping costs incurred are not included in the purchase price, they can be called up via the "Payment and Shipping" page, are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.
 

§ 5 Terms of payment and shipping

(1) Die Bedingungen für Zahlung und Versand finden sich unter der gleichnamigen Schaltfläche in der Navigation.
(2) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) As a consumer, the Customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the Provider and the carrier of any complaints as soon as possible. The warranty claims of the customer remain unaffected.
If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to the customer until the goods are handed over by the commissioned transport company, regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, the delivery and shipment is at his risk.

§ 6 Warranty

(1) The statutory provisions shall apply.
(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, notwithstanding the statutory provisions. The one-year warranty period does not apply to culpable damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent of the provider, as well as in the case of recourse claims under § § 478, 479 BGB.
(3) Insofar as the customer is an entrepreneur, the following shall apply in deviation from para.1:

  1. Only the supplier's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
  2. The customer is obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify the supplier in writing of any obvious defects within 7 days of receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the obligation to inspect and report defects, the assertion of warranty claims is excluded.
  3. In the event of defects, the supplier shall, at his discretion, provide warranty by rectifying the defect or supplying a replacement. If the rectification of defects fails twice, the customer may, at his option, demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the provider does not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
  4. The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to the supplier resulting from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent on the part of the supplier, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.

§ 7 Right of Retention, Retention of Title

(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the supplier until full payment of the purchase price.
(3) If the customer is an entrepreneur, the following applies in addition:

  1. The supplier retains ownership of the goods until all claims from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
  2. The customer may resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount, which accrue to him from the resale, to the supplier accepting the assignment. The customer is further authorized to collect the claim. Insofar as he does not properly meet his payment obligations, the provider reserves the right, however, to collect the claim himself.
  3. In case of combination and mixing of the reserved goods, the provider acquires co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
  4. The Provider undertakes to release the securities to which it is entitled at the Customer's request to the extent that the realizable value of the securities of the Provider exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the supplier.

§ 8 Liability

(1) The provider is liable without limitation for damages arising from injury to life, body or health, insofar as he fraudulently conceals a defect or has assumed a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in the case of damages under the Product Liability Act or insofar as otherwise mandatory by law.
(2) Insofar as essential obligations from the contract are concerned, the violation of which endangers the achievement of the purpose of the contract, the liability of the Provider in the case of slight negligence shall be limited to the foreseeable damage typical for the contract.
(3) In the event of a breach of immaterial contractual obligations, liability shall be excluded in the case of slightly negligent breaches of obligations.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with the Provider and the place of jurisdiction shall be the registered office of the Provider, provided that the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

§ 10 Notes on battery disposal

In connection with the sale of batteries or the supply of equipment containing batteries, the supplier is obliged to inform the customer of the following:
The customer is legally obliged to return used batteries as an end user. He can return used batteries, which the provider carries or has carried as new batteries in the range, free of charge at the shipping warehouse (shipping address) of the provider. The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be placed in the household garbage.

  • Pb = Battery contains more than 0.004% lead by mass.
  • Cd = Battery contains more than 0.002 mass percent of cadmium.
  • Hg = Battery contains more than 0.0005 mass percent mercury.

§ 11 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.


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