Terms and Conditions
1. scope of application
2. contracting party
3. conclusion of contract
4. right of withdrawal
5. prices and shipping costs
6. delivery
7. payment
8. retention of title
9. dispute resolution
General Terms and Conditions of Business
1. scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Liquid-pvc.de (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "customer") with the seller with respect to the goods displayed by the seller in his online store. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. contractual partner
The sales contract comes off with Liquid-pvc.de, owner: Artur Asarow, Monsheimer Straße 40, 67549 Worms.
3. conclusion of the contract
3.1 The presentation of the products in the online store is not a legally binding offer, but only an invitation to order.
3.2 By clicking the button [Buy/order with costs] you place a binding order of the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
4. right of withdrawal
4.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2 If you, as a consumer, make use of your right of revocation according to section 4.1, you shall bear the regular costs of the return shipment.
4.3 In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us [name of the carrier, address and, if available, telephone number, fax number and e-mail address] by means of a clear statement (e.g. an email or letter sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. You can also fill out and submit the sample revocation form or another clear declaration electronically on our website (Internet-Adresse einfügen). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the date on which you notify us of the revocation of this contract to us or to (hier sind gegebenenfalls der Name und die Anschrift der von Ihnen zur Entgegennahme der Ware ermächtigten Person einzufügen). The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
- End of the revocation instruction -
5. prices and shipping costs
5.1 The prices stated on the product pages include the statutory value added tax and other price components.
5.2 In addition to the prices stated, we charge a flat rate of 3.00 euros per order for delivery within Germany. The shipping costs are clearly indicated again on the product pages, in the shopping cart system and on the order page.
6. delivery
6.1 Delivery within Germany is made by DHL.
6.2 The delivery time is up to 3 days. We point out possible differing delivery times on the respective product page.
7. payment
7.1 The payment can be made either by prepayment or PayPal.
7.2 If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
8. reservation of proprietary rights
The goods remain our property until full payment has been received.
9. dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board for the settlement of disputes with consumers in accordance with (indicate the legal norm or the contractual agreement). The responsible consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. In order to settle the aforementioned disputes, we will participate in a dispute settlement procedure before this office.
Alternatively:
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the extrajudicial settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Source: Online trade, signpost by the legal basic conditions of the E-Commerce with consideration of the new consumer right, of attorney Dr. Carsten Föhlisch/Trusted Shops GmbH and attorney Dr. Christian Groß/DIHK German industrie and Chamber of Commerce day, DIHK publishing house, 2.edition 2018 (www.dihk-verlag.de )
Note: The sample is published with the kind permission of the authors.