General terms and conditions with customer information
Table of contents
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Scope
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Conclusion of contract
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Right of withdrawal
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Prices and payment conditions
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Delivery and shipping conditions
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Reservation of title
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Liability for defects (warranty)
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Special conditions for processing goods according to specific customer specifications
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Applicable law
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Alternative dispute resolution
Scope
1.1 These general terms and conditions (hereinafter referred to as "GTC") of Anton Dietrich, trading under "K&D Handel" (hereinafter referred to as the "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. Any terms and conditions of the Customer shall be objected to; unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his/her trade, business, or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its trade, business, or profession.
Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do so, the Customer must place the selected goods in the virtual shopping cart and complete the electronic ordering process by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (e.g., fax or email), in which case the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
by requesting the Customer to pay after submitting his order.
If several of the aforementioned alternatives are available, the contract shall be concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer shall commence on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.
2.5 The contract text shall be stored by the Seller after the conclusion of the contract and shall be sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted his order. In addition, the contract text shall not be made accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data shall be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account, providing the corresponding login details.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 German shall be the exclusive language available for the conclusion of the contract.
2.8 Order processing and contacting shall usually be carried out by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using SPAM filters, all emails sent by the Seller or by third parties commissioned by the Seller to process the order are delivered.
Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including the statutory value-added tax. Any additional delivery and shipping costs that may apply will be indicated separately in the respective product description.
4.2 The payment options available to the Customer will be communicated to the Customer in the Seller's online shop.
4.3 If payment is agreed by bank transfer in advance, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered by "Klarna" is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's terms and conditions can be found in the Seller's payment information, which can be accessed at the following internet address:
https://www.metallparadies.de/info/Versand-und-Zahlungsbedingungen.html
Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing shall be decisive. In deviation from this, when selecting the PayPal payment method, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
5.2 For goods delivered by freight forwarder, delivery shall be made "free kerbside", i.e., to the public kerbside closest to the delivery address, unless otherwise specified in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result thereof. This shall not apply with regard to the costs of dispatch if the Customer effectively exercises his right of withdrawal. In the event of the Customer effectively exercising his right of withdrawal, the provisions made in this regard in the Seller's withdrawal policy shall apply to the return costs.
5.4 If the Customer is acting as a business person, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass to the customer upon delivery of the goods to the customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as a consumer as soon as the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment to carry out the delivery and the Seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the non-delivery is not the fault of the seller and the Seller has concluded a specific hedging transaction with due diligence with the supplier. The seller shall make every reasonable effort to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer shall be informed immediately, and the consideration shall be refunded without delay.
5.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the Seller's specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.
Reservation of Title
If the Seller provides goods in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
Liability for Defects (Warranty)
7.1 Unless otherwise stated below, the statutory provisions on liability for defects shall apply. In deviation from this, for contracts for the delivery of goods:
7.2 If the Customer is acting as a businessperson,
the Seller shall have the choice of the type of subsequent performance;
the limitation period for defects shall be one year from the delivery of the goods for new goods;
rights and claims for defects in used goods shall be excluded;
the limitation period shall not commence anew if, in the context of liability for defects, a replacement delivery is made.
7.3 The limitations of liability and shortening of the limitation period stipulated above shall not apply
to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has maliciously concealed the defect,
for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for business people, the statutory limitation periods for any existing statutory recourse claims shall remain unaffected.
7.5 If the Customer is acting as a merchant within the meaning of § 1 German Commercial Code (HGB), the Customer shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations stipulated there, the goods shall be deemed to have been approved.
7.6 If the Customer is a consumer, the Customer is requested to complain about goods delivered with obvious transport damage to the carrier and to notify the Seller accordingly. Failure to comply with this shall have no effect on the Customer's statutory or contractual warranty claims.
Special Conditions for Processing Goods According to Specific Customer Specifications
8.1 If, according to the content of the contract, the Seller is obligated to process the goods according to specific customer specifications in addition to delivering the goods, the Customer shall provide the Seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the Seller and grant the Seller the necessary usage rights. The Customer is solely responsible for procuring and acquiring the rights to use this content. The Customer declares and assumes responsibility for ensuring that he/she has the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, especially copyright, trademark, and personality rights.
8.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defence, including all court and attorney fees in statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer shall promptly, truthfully, and completely provide the Seller with all information necessary for the examination of the claims and a defence.
8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or regulatory prohibitions or morality. This shall particularly apply if content is provided that is unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or glorifies violence.
Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at the following link:
This platform serves as a point of contact for out-of-court dispute resolution regarding online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.