(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Andr\u00e9 Heubaum) via the
\ndeftex.info website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
\n(2) A \u2018consumer\u2019 in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
\noverwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term \u2018businessman\u2019 refers to
\nevery natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his\/its independent
\nprofessional or commercial activity.<\/p>\n
(1) The subject-matter of the contract is the selling of products .
\n(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online
\nshopping cart system under the conditions specified in the item description.
\n(3) The purchase agreement takes place via the online shopping cart system as follows:
\nThe products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on
\nthe navigation bar and make changes there at any time.
\nAfter accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, you are finally shown
\nthe order data again as an order overview.
\nIf you use an instant payment system (e.g. PayPal\/PayPal Express, Amazon Payments, instant transfer) as your payment method, you will
\neither be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
\nIf you are forwarded to the relevant instant payment system, choose and\/or enter your data as appropriate. Finally, on the website of the
\nprovider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an
\norder overview.
\nBefore submitting the order, you have the option once more to review or change (you may also use the “Back” button on your web browser)
\nany information on the order summary page, or to cancel the purchase.
\nBy clicking the “Place order in conjunction with a liability to pay\u201d button to submit the order, you declare acceptance of the order in a legally
\nbinding way by which the purchase agreement takes place.
\n(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and
\nbinding offer (e.g. via e-mail), which you can accept within a period of 5 days.
\n(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a
\npartially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,
\nand that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by
\na SPAM filter.<\/p>\n
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E\u0002mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne
\nin mind.
\n(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights,
\nrights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be
\nraised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
\n(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.<\/p>\n
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
\n(2) The goods remain our property until the purchase price is paid in full.
\n(3) If you are a businessman, the following conditions also apply:
\na) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods
\nsubject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
\nb) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the
\nmagnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you
\nare authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we
\nreserve the right to collect the claim ourselves.
\nc) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly\u0002formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and
\nthe other processed items at the time of processing.
\nd) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable
\nvalue of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.<\/p>\n
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it
\nis delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it
\nshall have no effect on your legal warranty claims.
\n(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
\na) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that
\nrepresent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer
\nare not considered to be representative of the properties and condition of the said product.
\nb) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed,
\nyou can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed
\nsecond attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and\/or defect or other conditions. In
\ncase of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment,
\nas far as the transfer does not correspond to the intended use of the item.
\nc) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
\n– to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross
\nnegligence;
\n– insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
\n– to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
\n– for statutory recourse claims, which you have against us in connection with warranty rights.<\/p>\n
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed
\nby the mandatory provisions of the law of the country in which the respective customer\u2019s usual place of residence is located (benefit-of-the\u0002doubt principle).
\n(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.<\/p>\n
Owner: Andr\u00e9 Heubaum
\nMerscheider Stra\u00dfe 306
\n42699 Solingen
\nDeutschland<\/p>\n
Telephone: +49 172 201 6861
\nE-Mail: shop@deftex.info<\/p>\n
Alternative dispute resolution:
\nThe European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under
\nhttps:\/\/ec.europa.eu\/odr.<\/p>\n
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
\naccordance to the regulations “conclusion of the contract” in our standard business terms (part I.).<\/p>\n
3.1 Contract language shall be English.
\n3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data
\ncan be printed out or electronically saved using the browser\u2019s print function. After the order is received by us, the order data, the legally\u0002mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
\n3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation
\nrequests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.<\/p>\n
The key features of the goods and\/or services can be found in the respective quote.<\/p>\n
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
\nincluding all the incidental taxes.
\n5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button onour website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by
\nyou, insofar as free delivery is not confirmed.
\n5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or
\nmoney transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
\n5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the
\npayment is initiated outside of the European Union.
\n5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
\nrespective quote.
\n5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded
\nbecome payable immediately.<\/p>\n
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on
\nour website or in the respective quote.
\n6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during
\nshipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This
\ncondition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who
\nhas otherwise been appointed to execute the shipping operation.
\nIf you are a businessman, the delivery and shipping operations take place at your own risk.<\/p>\n
Liability for defects is governed by the \u201cWarranty\u201d provisions in our General Terms and Conditions of Business (Part I).
\nThese SBTs and customer details were created by the lawyers specialising in IT law who work for the H\u00e4ndlerbund, and are constantly
\nchecked for legal conformity. H\u00e4ndlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings
\nare issued. More detailed information can be found on the following website: https:\/\/www.haendlerbund.de\/de\/leistungen\/
\nrechtssicherheit\/agb-service.<\/p>\n
last update: 27.10.2020<\/p>\n","protected":false},"excerpt":{"rendered":"
General terms and conditions I. Standard business terms \u00a7 1 Basic provisions (1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Andr\u00e9 Heubaum) via the deftex.info website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out. (2) A \u2018consumer\u2019 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-3714","page","type-page","status-publish","hentry"],"yoast_head":"\n