Terms and conditions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with emverque GmbH.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.

When the contract with us is concluded depends on the payment method you have chosen:

Credit card

When you place your order, you enter your credit card details and the credit card company carries out an authorization check. After your legitimation as the legal cardholder, the payment transaction will be initiated automatically and your credit card will be charged when the order is placed. When the credit card is charged, the contract with us is concluded.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Services

In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. Depending on the selected payment method, you can be redirected to the PayPal website and the selected payment service after placing the order. There you can enter your payment details and confirm the payment order, unless this has already happened in our online shop. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

3. Contract language, contract text storage

The language (s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.

We only deliver by post. Unfortunately, a self collection of the product is not possible.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Credit card via Stripe

In cooperation with the payment service provider Stripe, we offer you credit card as a payment method. When you place your order, you enter your credit card details. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been dispatched. You'll get more information during the ordering process.

Payment processing through PayPal Services

In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. You do not have to be registered with PayPal to be able to pay the invoice amount. Depending on the selected payment method, you can be forwarded to the PayPal website and the selected payment service after placing the order:

Credit card: The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder by your credit card company at the request of PayPal and Card charged.

Giropay: On the PayPal website you can enter your payment details and confirm the use of your data by PayPal. You will then be redirected to the Giropay GmbH website. In order to be able to pay the invoice amount via Giropay, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will be carried out immediately afterwards and your account will be debited.

Direct debit: On the PayPal website you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed of the date of the account debit by PayPal (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited.

Immediately by Klarna: On the PayPal website you can enter your payment details and confirm the use of your data by PayPal. You will then be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

You'll get more information during the ordering process.

6. Right of withdrawal

You have the statutory right of withdrawal, as described in the cancellation policy.

7. Retention of Title

The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

9. Warranties and Guarantees

Unless expressly agreed otherwise below, the statutory right to liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
essential • in violation of contractual obligations the fulfillment of which makes the proper execution of the contract and may rely on their compliance with the contractor (cardinal obligations)
• as part of a warranty promise, if agreed, or
• if the The scope of the Product Liability Act has been opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• insofar the scope of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
Otherwise claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here . We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.

12. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer only hands over the goods after the age check and only to the customer personally.

13. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN sales law.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

 

 

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