General terms and conditions (with legal information) ofConcept4Pro society for digital solutions mbH
1.1 These general terms and conditions apply to all contracts that customers (consumers or entrepreneurs) with us (Concept4Pro society for digital solutions mbH, Meisenstraße 96, 33607 Bielefeld, phone +49 0521 - 299 72 42, 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 are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
1.2 If the customer is an entrepreneur, the following applies: Deviating terms and conditions of the customer do not apply, even if we do not expressly contradict them.
2.1 The presentation of our product range in the online shop does not constitute a legally binding offer, but 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 placing an article in the shopping cart by clicking on "Add to cart". The contents of the shopping cart can be called up and edited at any time. The customer can remove selected items, reduce the selected number of items or add new items. If the customer is interested in buying, he must click on “Checkout” or “Check out with PayPal”. The customer can create a customer account or order as a "guest". Then enter the personal data for the order and choose the payment method. The order details are displayed on an order summary page before the purchase.
If the customer chooses the PayPal Plus payment method or another instant payment system (e.g. Sofortüberweisung by Klarna), he will be forwarded to the website of the respective provider, where he will confirm the payment order. After entering the data, the customer may be directed back to the order overview page.
Before clicking on the "Buy" button, the customer has the option of checking and changing his details. 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 the "Buy" button, the customer places a binding order for the items in the shopping cart. The order is accepted immediately after it has been sent via an automated email. With this e-mail confirmation, the purchase is made.
2.5 If we submit a binding offer in text form to the customer at his request to create an offer, he can accept it within 7 days. The customer can print out the contract data received or save them electronically.
2.6 The contract language is German.
2.7 We do not save the full text of the contract. The order data and the general terms and conditions with the legal information will be sent to the customer by email after we have received the order. The customer can also print out the general terms and conditions before submitting the order using the online shopping cart system using the browser's print function. If the customer has created a customer account, he can view his past orders in his customer account.
3.1 The prices quoted include the statutory value added tax.
3.2 Shipping costs incurred will be charged to the customer separately, unless delivery free of charge has been promised. The calculation of shipping or freight costs is based on a flat rate, kilometer and volume. The shipping costs can be called up on our website using the "Shipping information" button and are shown separately during the ordering process.
3.3 We offer different payment methods such as prepayment, PayPal Plus (different payment methods as PayPal services) and Sofort Überweisung by Klarna. The available payment methods are shown on our website under the button "Payment methods". We reserve the right not to offer all payment methods at any time; we also reserve the right to restrict 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 prepayment, 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 We are not responsible for costs 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 are to 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 e-mail).
4.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under the button "Service"> "Delivery" on our website.
4.2 We can - without prejudice to our rights from default of the customer - demand from the customer an extension of delivery deadlines or a postponement of 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, insofar as these are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract (e.g. operational disruptions, difficulties in material or energy procurement, transport delays and official measures) that we are not responsible. In the case 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 of temporary duration, we are entitled to withdraw from the contract.
4.5 If the customer is an entrepreneur, the risk is transferred to the customer with the handover of the delivery item (whereby the beginning of the loading process is decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment.
4.6 If the customer is a consumer, a lack of delivery by our supplier, for which we are not responsible, means that we do not have to deliver ourselves if we have already ordered the goods before the conclusion of the contract. If the customer is not a consumer, the following applies: A lack of delivery 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 payments already made will be reimbursed immediately.
5.1 We reserve ownership until the purchase price for the goods has been paid in full.
5.2 In the case of entrepreneurs, ownership is only transferred to the customer when he has paid off all his liabilities (including any ancillary claims) from our deliveries.
5.3 The following provisions also apply to entrepreneurs:
a.) The customer is entitled to resell the reserved goods and other use of the reserved goods (e.g. connection, processing, installation in a building) in the regular course of business if his customer has not excluded the assignment of the claim from the resale.
b.) All claims against third parties arising from the resale and other use of the reserved goods (e.g. connection, processing, installation in a building) are incurred by the customer in advance in the amount of the respective invoice value (including value added tax) to us. If the delivered goods are mixed or combined with other items, the customer assigns to us the (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 default in payment, suspension of payments, application for or opening of insolvency proceedings or other financial collapse of the customer, we can revoke the authorization to collect. Upon request, the customer must notify us of the assigned claims and their debtors, provide all information necessary 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 ask them to pay us.
6.1 The statutory warranty rights exist, 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 damage attributable to us from injury to life, limb or health and damage caused intentionally or through gross negligence, in the case of fraudulent concealment of a defect, in the case of items that are used for a building in accordance with their normal use and have caused its defectiveness or in the case of legal recourse claims that exist in connection with claims for defects against us.
6.4 Furthermore, claims for defects according to other mandatory statutory provisions remain unaffected.
6.5 Guarantees are only considered accepted if we have expressly declared the guarantee as such in writing. We have not initiated any guarantees that our suppliers give in guarantee statements, relevant advertising or other product documents. They only bind the supplier who declares this acceptance of the guarantee.
7.1 We are unlimitedly liable for damage caused by us, our legal representatives, executives or our vicarious agents willfully or grossly negligent. The same applies in the event of culpable injury to life, limb and health or in accordance with the Product Liability Act or other mandatory statutory provisions.
7.2 If damage is caused by slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations), whereby our liability is limited to the foreseeable damage typical for the contract, unless another case according to Section 7.1 or other mandatory provisions is present at the same time. Essential contractual obligations are obligations due to which the contract has just been concluded and on the compliance of which the respective contractual partner could just trust.
7.3 Otherwise claims for damages are excluded.
Consumers have the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The European Commission provides a platform for online dispute resolution, which you can find under 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.
10.1 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. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
As of October 2019