Terms of service

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online shop between us,

Henrici & Neumann GbR - Dichtungsklick,

Reuterstraße 91, 12053 Berlin

Managing Directors: Patrick Henrici; Axel Neumann

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.

(2) All agreements made between you and us in connection with the purchase contract result, in particular, from these conditions of sale, our written order confirmation, and our declaration of acceptance.

(3) The version of the GTC valid at the time of the conclusion of the contract shall be decisive.

(4) We do not accept deviating conditions of the customer. This applies even if we do not explicitly object to their inclusion.

§ 2 Conclusion of Contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the button "order with obligation to pay", you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right to revoke your order, which may exist under § 3, remains unaffected by this.

(3) We will confirm receipt of your order placed via our online shop immediately by email. Such an email does not yet constitute a binding acceptance of the order unless it declares acceptance in addition to confirming receipt.

(4) A contract is only concluded when we accept your order through a declaration of acceptance or by delivering the ordered items.

(5) We can only process orders for deliveries abroad individually upon request. Note for EU orders: We are exempt from VAT as a small business under § 19 UStG (German VAT Act). Therefore, no VAT is shown. For deliveries to other EU countries, the sale takes place without the indication of VAT. Any tax obligations in the recipient country are the responsibility of the buyer.

(6) Should the delivery of the goods ordered by you not be possible, for instance because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

§ 3 Right of Withdrawal

(1) If you are a consumer (i.e., a natural person who places the order for a purpose that can be attributed neither to your commercial nor your independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, make use of your right of withdrawal according to Section 1, you shall bear the regular costs of the return shipment.

(3) Furthermore, the regulations detailed in the following apply to the right of withdrawal:

Instructions on Withdrawal 

Right of Withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us [Henrici & Neumann GbR, info@dichtungsklick.de] by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the model withdrawal form or fill out and transmit another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g., by email) a confirmation of the receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

End of Instructions on Withdrawal

(4) The right of withdrawal does not apply to distance contracts

1. for the supply of goods made to the customer's specifications or clearly personalized, or which, by reason of their nature, are not suitable for return or are liable to deteriorate or expire rapidly,

2. for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 4 Delivery Conditions and Reservation of Prepayment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery time is approximately five (5) business days, unless otherwise agreed. It begins – subject to the regulation in Para. 3 – upon conclusion of the contract.

(3) In the case of orders from customers with a residence or place of business abroad, or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and shipping costs.

§ 5 Prices and Shipping Costs

(1) All prices quoted in our online shop are final prices. In accordance with § 19 UStG (Small Business Status), we do not charge or display VAT.

(2) The respectively indicated shipping costs are added to this.

(3) The final price including shipping costs is displayed in the order summary before you submit your order.

(4) If we fulfill your order through partial deliveries pursuant to § 4 Para. 1, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(5) If you effectively revoke your contractual declaration in accordance with § 3, you may demand reimbursement of costs already paid for shipping to you (outbound shipping costs) under the statutory conditions (cf. regarding other consequences of withdrawal § 3 Para. 3).

§ 6 Payment Conditions, Set-off, and Right of Retention

(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.

(2) You can choose to pay the purchase price and shipping costs by transferring them to our account specified in the online shop, granting us a direct debit authorization, or paying by EC/Maestro or credit card. In the case of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit of your account at the earliest at the time specified in Para. 1. A granted direct debit authorization also applies to further orders until revoked.

(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty (Liability for Defects)

(1) We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller warranties given by us for certain items or manufacturer warranties granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Para. 1. Details of the scope of such warranties result from the warranty conditions that may be enclosed with the items.

§ 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we are liable – unless otherwise regulated in Para. 3 – only for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in Para. 3.

(3) Our liability for damages arising from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 10 Copyrights

We hold copyrights to all images, films, and texts published in our online shop. Use of the images, films, and texts is not permitted without our express consent.

§ 11 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller,              . Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3)  Dispute Resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.