1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, pickup, product availability
6. Terms of payment
7. Retention of title
8. Product warranty, guarantee
9. Liability
10. Storage of the contract itself
11. Closing remarks
1. Applicability
1.1 For the business relationship between Dögel GmbH Geltestraße 9, 06184 Kabelsketal OT Dölbau (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his 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.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers, service descriptions
2.1. The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
2.2. All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
3. Order process, conclusion of the contract
3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the [Add to basket] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.
3.2. When the customer clicks the [Place order (payment will be taken)] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.
4. Prices
4.1. All prices indicated on the vendor’s website are inclusive of statutory value-added tax (VAT) at the valid rate.
4.2. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
5. Delivery, pick up, product availability
5.1 After the order has been placed and the money has been received by the seller, the individual item will be produced in a personalized manner.
5.2 The ordered items will be available for pickup according to the information on the order confirmation on the event days at the venue Stadion des Friedens, 06242 Braunsbedra, Germany, at the office of the registration office in the time from 10:00 am to 3:00 pm.
5.3 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer minus the expenses incurred.
5.4. The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
5.5 Shipping of the items is limited to Germany. Shipping outside Germany is not possible.
6. Terms of payment
6.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
7. Retention of title
The vendor retains the title of the goods supplied until such time as full payment has been made.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased item with care as long as title has not yet passed to him. In particular, he is obligated to insure it adequately at his own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the reserved goods with a property. Access by third parties to the goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns to the seller by way of security all claims arising from resale or other legal grounds with regard to the reserved goods (including all balance claims from current account). The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for its account and in its own name. This direct debit authorization may be revoked if the customer does not properly meet its payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request when their total sales value exceeds the sum of all outstanding claims of the Seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The selection of the securities to be released shall be incumbent upon the Seller. With the settlement of all claims of the seller from delivery transactions, the ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The choice of the securities to be released is incumbent on the seller.
8. Product warranty, guarantee
8.1 The warranty (liability for defects) shall be determined in accordance with the statutory provisions.
9. Liability
9.1. The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
9.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.
9.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
9.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.
9.5. Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
10. Storage of the contract itself
10.1 The Customer may view and or print the text of the contract before submitting the order to the Seller by clicking on the link in the last step of the order and or using the print function of his browser.
10.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.
11. Closing remarks
11.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller's country of domicile. The right of the seller to choose another permissible place of jurisdiction is reserved.
11.2. In the case of entrepreneurs, the law of the [Federal Republic of Germany / Republic of Austria] applies to the exclusion of the UN sales law, as long as there are no compelling statutory provisions to the contrary.
11.3. The language of the contract is German.
11.4. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
