Standard Terms of Business and Customer Information
I. Terms
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Classic Garden Elements Vertriebs GmbH) via the website www.classic-garden-elements.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the setting of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product 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 use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to check all the details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
By submitting the order via the “buy” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Individually designed goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to provide any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of the content and do not accept liability for errors.
§ 4 Special agreements for offered payment methods
(1) Use of PayPal
All PayPal transactions are subject to the PayPal Privacy Policy. These can be found under https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
§ 5 retention, retention of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) There are statutory liability for defects.
(2) As a consumer, you will be asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
1. Identity of the seller
Classic Garden Elements Vertriebs GmbH
In Lorsbachtal 29
65719 Hofheim am Taunus
Germany
Phone: 06192900475
Email: cge@classic-garden-elements.de
2. Information about the conclusion of the contract
The technical steps for the conclusion of 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. Contract language, treaty text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Price and payment methods
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5. Soweit bei den einzelnen Zahlungsarten nicht anders angegeben, sind die Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fallig.
6. Delivery terms
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when 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.
7. Statutory warranty rights
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings.
