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Conditions of Use

General Terms and Conditions and Information for Customers

 
I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Guido Höner) via this website schnecken-und-muscheln.de. Unless otherwise agreed, the inclusion of your own conditions you use may be objected.

(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.


§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods..

(2) Your inquiries about creating an offer are non-binding for you. We submit a binding offer in text form (e.g. by email), which you can accept within 5 days (if no other period is shown in the respective offer).

(3) Processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.

§ 3 Special agreements on offered payment methods

(1) Payment via "PayPal"
If you choose a payment method that is offered via "PayPal", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et cie, s.c.a. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). "PayPal" can use further payment services for payment processing; As far as special terms of payment apply, you will be pointed out separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full 


§ 4 Return rights, retention of title

(1) You can only exercise a right of retention insofar as it is claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve ownership of the goods until all demands from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you are already entering all claims in the amount of the invoice amount that grows from resale from resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.

c) In the event of connection and mixing of the goods subject to retention of title, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.


§ 5 Warranty

(1) There are the legal liability rights.

(2) As a consumer, you are asked to check the goods immediately for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if it was informed of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) In case you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

a) Only our own specifications and the product description of the manufacturer are considered agreed as the nature of the goods, but not other advertising, public prices and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you can request a reduction or withdraw from the contract according to your choice. After unsuccessful second attempt, the elimination of defects is considered failed unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

- for culpable damage attributable to us from the violation of life, body or health caused by us and for other damage in the event of intentionally or gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;
- in the case of things that have been used for a building according to their usual use and have caused its defectiveness ;
- in the case of statutory recourse claims that you have in connection with defects rights against us.


§ 6 Choice of Law

(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).

(2) The provisions of the UN sales law expressly do not apply.


II. Information for Customers

1. Identity of the seller

Guido Höner
Johannisstraße 10
25704 Meldorf
Germany
Telephone: +49(0)4832-9799355
E-Mail: post@schnecken-und-muscheln.de

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute settlement (OS platform), available at https://ec.europa.eu/odr.

We are not ready and are not obliged to take part in dispute settlement procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "state of the contract" of our general terms and conditions (part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full contract text. Before sending the order, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. For offer inquiries outside the online goods basket system, you will receive all contract data sent in text form as part of a binding offer, e.g. by email, which you can print out or secure electronically.

4. Essential features of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and payment modalities

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up on our website via a correspondingly designated buttonor in the respective offer, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed.

5.3. If the delivery is carried out to countries outside the European Union, there may be additional costs, such as tariffs, taxes or transmission fees (transfer or exchange rate fees of the credit institutions) that are to be borne by you.

5.4. The resulting costs of the transmission of money (transfer or exchange rate fees of the credit institutions) must be borne by you in the cases in which delivery is made to an EU member state, but the payment was arranged outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and, if necessary, 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, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.

If you are an entrepreneur, the delivery and dispatch takes place at your risk.

7. Legal liablitiy for defects

The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).

These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/fehnsicherheit/Agb-service

last update: 29.11.2022 / 4.5.2023