Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Anna-Maria Wittmann) via the https://anwama.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(1) The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor. All offers are valid "while stocks last" unless otherwise stated in the products. Errors excepted for the rest.
(3) The purchase agreement takes place via the online shopping cart system as follows:
(2) If you have found goods on our webshop that you have decided to purchase then you enter the desired quantity with the indicated price and click on the shopping cart button. The desired product is then displayed in the virtual shopping cart without commitment. Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as payment method, you will either be taken to the order overview page in our online shop or you will be forwarded to the website of the provider of the instant payment system.
Before submitting your order, you have the option of checking all details again, changing them (also via the "back" function of the Internet browser) or canceling the purchase.
After entering the required information, you will receive a reference to the General Terms and Conditions (GTC) before the binding order is placed. You can read these again via the attached hyperlink. By clicking the button [Buy Now] you make a binding declaration of intent to order the goods listed on the order page. Your data will be transmitted encrypted. The process can be aborted at any time by closing the browser window before completing the order.
The purchase contract has been concluded / is concluded when we have accepted your order by an explicit confirmation by e-mail.
(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 binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(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 partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and 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 a SPAM filter.
§ 3 Custom designed goods
(1) You shall provide us with the appropriate information, texts or files required for the custom design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyright, naming rights and trademark rights) or violate existing laws. You expressly release us from all claims of third parties asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and therefore assume no liability for errors.
§ 4 Right of Retention and Reservation of Title
You may only exercise the right of retention insofar as it concerns claims from the same contractual relationship.
The goods shall remain our property until the purchase price has been paid in full.
If you are an entrepreneur, the following shall also apply:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a Consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own details and the manufacturer's product description shall be deemed agreed as the condition of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the warranty period shall not apply:
to culpably caused damages attributable to us resulting from injury to life, limb or health and to other damages caused intentionally or by gross negligence;
to the extent that we have fraudulently concealed the defect or assumed a guarantee for the quality of the item; - to items which have been used for a building in accordance with their customary purpose and which have caused its defectiveness;
to statutory recourse claims which you have against us in connection with warranty rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. identity of the seller
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr. We are not prepared to participate in dispute resolution proceedings before consumer redress bodies.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, Contract text storage
3.1 The language of the contract shall be German.
3.2. The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. If you request an offer outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless delivery free of shipping costs has been promised.
5.3 The methods of payment available to you are indicated by a button on our website or in the relevant offer.
5.4 The methods of payment available to you are indicated by a button on our website or in the relevant offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. Terms of Delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Statutory Warranty Right
The statutory warranty right shall be governed by the provision “Warranty” of our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information have been prepared by the lawyers of the Händlerbund who specialize in IT law and are regularly checked for compliance with the law. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agbservice.
last update: 19.11.2018