AGB

General terms and conditions (with legal information) ofConcept4Pro company for digital solutions mbH

 

1. scope

1.1      These general terms and conditions apply to all contracts that customers (consumers or entrepreneurs) have with us (Concept4Pro company for digital solutions mbH, Meisenstraße 96, 33607 Bielefeld, telephone +49 0521 - 75 98 38 78, registered in the commercial register of the Bielefeld District Court under HRB 42272) via our online shop top-shelf.de. 

A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

1.2      If the customer is an entrepreneur, the following applies: Differing terms and conditions of the customer do not apply, even if we do not expressly object to them.

 

2.       Conclusion of the contract, conclusion of the contract, contract language and storage of the contract text

 

2.1      The presentation of our product range in the online shop does not represent a legally binding offer, but rather a non-binding online catalog.

 

2.2      The essential characteristics of the goods and/or services can be found in the description of the respective product and on the order overview page. 

 

2.3 The contract is concluded as follows: 

The customer has the option of adding an item to the shopping cart by clicking “Add to cart”. The contents of the shopping cart can be accessed and edited at any time. The customer can remove selected items, reduce the selected quantity or add new items. If the customer is interested in purchasing, they must click on “Checkout” or “Check out with PayPal”. The customer can create a customer account or order as a “guest”. The personal data for the order must then be entered and the payment method selected. The order details are displayed on an order summary page before purchase.

If the customer chooses the payment method PayPal Plus or another instant payment system (e.g. Sofortüberweisung by Klarna), he will be redirected to the website of the respective provider, where he will confirm the payment instruction. After entering the data, the customer may be redirected back to the order overview page.

Before clicking on the “Buy” button, the customer has the opportunity to check and change his information. The purchase process can be canceled at any time by closing the browser window.

By clicking on "Buy" the customer completes the purchase process.

 

2.4      By clicking on the “Buy” button, the customer places a binding order for the items contained in the shopping cart. The order is accepted immediately after sending via an automated email. The purchase has been made with this email confirmation.

 

2.5     If we make the customer a binding offer in text form in response to his request to create an offer, he can accept it within 7 days. The customer can print out the contract data received or save it electronically. 

 

2.6 Contract language is German.

 

2.7     We do not save the complete contract text. The order data and the general terms and conditions with the legal information will be sent to the customer by email after we receive the order. The customer can also print out the general terms and conditions using the online shopping cart system using the print function of the browser before sending the order. If the customer has created a customer account, he can view his past orders in his customer account. 

 

3. Prices, shipping costs, payment terms and electronic invoicing

 

3.1      The prices stated include the statutory VAT. 

 

3.2     Any shipping costs incurred will be charged to the customer separately unless free shipping is guaranteed. Shipping or freight costs are calculated at a flat rate, depending on the kilometer and volume. The shipping costs can be accessed on our website using the “Shipping information” button and are shown separately during the ordering process. 

 

3.3      We offer various payment methods such as advance payment, PayPal Plus (various payment methods as PayPal Services) and Sofortüberweisung by Klarna. The available payment methods are shown on our website under the “Payment methods” button. We reserve the right not to offer all payment methods at any time, and we also reserve the right to limit payment methods depending on a credit check that has been carried out.

 

3.4     Unless otherwise stated for the individual payment methods, the following applies: If the payment method is advance payment, we will only send the goods to the customer after receipt of payment. The customer's credit card account is debited when we receive the order.

 

3.5     Costs for which we are not responsible, such as customs duties, taxes such as import sales tax or money transfer fees (transfer or exchange rate fees) for the payment of invoice amounts must be borne by the customer.

 

3.6     The customer agrees to the transmission of invoices in electronic form (e.g. as a PDF document by email).

 

4. delivery terms

 

4.1      The delivery conditions, the delivery date and any existing delivery restrictions can be found under the “Service” > “Delivery” button on our website.

 

4.2      We can - without prejudice to our rights arising from the customer's default - demand that the customer extend delivery times or postpone delivery dates by the period in which the customer does not fulfill his contractual obligations to cooperate with us.

 

4.3      We are not liable for an impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions, difficulties in the procurement of materials or energy, transport delays and official measures). we are not responsible. In the event of temporary obstacles, the delivery times are extended or the delivery dates are postponed by the period of the hindrance plus a reasonable start-up period.

 

4.4      If events within the meaning of the aforementioned paragraph make delivery significantly more difficult or impossible for us and the hindrance is not only temporary, we are entitled to withdraw from the contract.

 

4.5      If the customer is an entrepreneur, the risk is transferred to the customer upon handover of the delivery item (the start of the loading process being decisive) to the freight forwarder, freight carrier or other third party designated to carry out the shipment.

 

4.6     If the customer is a consumer, a failure to deliver by our supplier, for which we are not responsible, means that we ourselves do not have to deliver if we have already ordered the goods before the conclusion of the contract. If the customer is not a consumer, the following applies: A failure to deliver by our supplier, for which we are not responsible, means that we do not have to deliver ourselves. The customer will be informed immediately. In these cases we are entitled to withdraw from the contract. Any consideration already provided will be reimbursed immediately.

 

5. retention of title

 

5.1      We reserve ownership until the purchase price for the goods has been paid in full.

 

5.2      For entrepreneurs, ownership only passes to the customer once he has paid off all of his liabilities (including any additional claims) from our deliveries.

 

5.3 The following provisions also apply to entrepreneurs: 

a.) The customer is entitled to resell the reserved goods and to use the reserved goods for other purposes (e.g. connection, processing, installation in a building) in regular business transactions if his customer has not excluded the assignment of the claim from the resale.

b.) The customer shall pay in advance all claims against third parties that arise from the resale and other use of the reserved goods (e.g. connection, processing, installation in a building) in the amount of the respective invoice value (including VAT). to us. If the delivered goods are mixed or combined with other items, the customer assigns us (co-)ownership of the resulting item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used.

c.) The customer remains authorized to collect the claims even after the assignment. In the event of late payment, suspension of payments, application for or opening of insolvency proceedings or other financial decline of the customer, we can revoke the collection authorization. Upon request, the customer must inform us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors of the assignment. We are entitled to notify the customer's debtors of the assignment and to request them to pay us.

 

6. Warranties and Guarantees

 

6.1      The statutory liability rights for defects apply, unless otherwise agreed below.

 

6.2      The warranty period for any defects is one year from delivery of the goods, provided the customer is an entrepreneur.

 

6.3      The above shortening of the deadline does not apply to culpably caused damages attributable to us resulting from injury to life, body or health and to damages caused intentionally or through gross negligence, to fraudulent concealment of a defect, to items that are used for a building in accordance with their normal use have been made and caused its defectiveness or in the case of legal recourse claims that exist in connection with claims for defects against us.

 

6.4      In addition, claims for defects in accordance with other mandatory legal provisions remain unaffected.

 

6.5      Guarantees are only deemed to have been accepted to the extent that we have expressly declared the guarantee as such in writing. We do not initiate any guarantees that our suppliers provide in guarantee declarations, relevant advertising or other product documents. You only bind the supplier who declares this assumption of warranty.

 

7. Liability

 

7.1      We are liable without limitation for damages caused intentionally or through gross negligence by us, our legal representatives, senior employees or our vicarious agents. The same applies in the event of culpable injury to life, limb or health or under the Product Liability Act or other mandatory legal regulations.

 

7.2      If damage is caused through slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations), whereby our liability is limited to the foreseeable damage that is typical for the contract, unless there is another case in accordance with Section 7.1 or other mandatory regulations. Essential contractual obligations are obligations on the basis of which the contract was concluded and on whose compliance the respective contractual partner could currently rely.

 

7.3 Otherwise claims for damages are excluded.

 

8. right of withdrawal

Consumers have the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

 

9. arbitration

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ find. 

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

10. final provision

 

10.1   We are entitled to commission third parties to provide the required services (“subcontractors”).

 

10.2   If the customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising from the contractual relationship between us and the customer is our place of business.

 

10.3   The law of the Federal Republic of Germany applies. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

 

As of October 2019