General terms and conditions
Standard Business Terms and Customer Information
I. Standard Business Terms
§ 1 Basic provisions
(1) The following business terms apply to all contracts that you conclude with us as the supplier (Hansemold GmbH) via the https://dargewitz-composites.de/ website. Unless otherwise agreed, the inclusion of your own terms and conditions is excluded.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. A “businessman” refers to any natural person, legal entity or partnership with legal capacity that enters into a legal transaction in the course of their independent commercial or professional activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of products.
Our offers on the website are non-binding and do not constitute a binding offer to conclude a contract.
(2) You are not bound by your enquiries regarding the preparation of an offer that you have submitted to us. We will provide you with a binding offer in text form (e.g. by e-mail), which you may accept within a period of 5 days.
(3) The order is processed and all information required for the conclusion of the contract is provided by e-mail in a partially automated manner. You must therefore ensure that the e-mail address you have provided to us is correct and that receipt of the relevant e-mails is guaranteed. In particular, you must ensure that the relevant e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as the claims concerned arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods promptly upon delivery for completeness, obvious defects and transport damage and to notify us and the shipping company of any complaints in writing without delay. Even if you fail to comply with this request, this shall have no effect on your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law shall only apply to consumers insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(2) If you are not a consumer but a businessman, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction and the place of fulfilment for all services arising from the business relationships with us. The same shall apply if you are not subject to a general place of jurisdiction in Germany or the European Union, or if your place of residence or habitual residence is unknown at the time proceedings are initiated. This shall not affect the right to bring proceedings before a court at another place of jurisdiction.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the seller
Hansemold GmbH
Am Kielortplatz 132
22850 Norderstedt
Germany
Telephone: +49 40 35773041
E-mail: info@dargewitz-composites.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the conclusion of the contract itself and the available options for correcting input errors are carried out in accordance with the provisions under “Conclusion of the contract” in our Standard Business Terms (Part I).
3. Contract language and storage of the contract text
3.1 The contract language is English.
3.2 The complete contract text is not stored by us. Before submitting the order, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order, the order data, the legally required information relating to distance contracts and the Standard Business Terms will be sent to you again by e-mail.
3.3 For enquiries outside the online shopping basket system, you will receive all contractual information relating to a binding offer in text form, for example by e-mail. This information can be printed out or saved electronically.
4. Main features of the goods or services
The main features of the goods and/or services can be found in the respective offer.
5. Prices and payment arrangements
5.1 The prices stated in the respective offers are total prices, as are the shipping costs. They include all price components, including all applicable taxes.
5.2 Any shipping costs incurred are not included in the purchase price. They can be viewed by clicking the relevant button on our website or in the respective offer, are shown separately during the order process and must additionally be borne by you, unless free delivery has been agreed.
5.3 If delivery is made to countries outside the European Union, additional costs may be incurred, such as customs duties, taxes or bank charges for money transfers (transfer or foreign exchange fees), which you must bear.
5.4 You must also bear any costs arising from money transfers if delivery is made to an EU Member State but the payment is initiated outside the European Union.
5.5 The payment methods available to you are shown by clicking the relevant button on our website or are specified in the respective offer.
5.6 Unless otherwise specified for the respective payment method, payment claims arising from the concluded contract become due immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and any existing supply restrictions can be found by clicking the relevant button on our website or in the respective offer.
6.2 If you are a consumer, the following statutory provision applies: The risk of accidental loss or accidental deterioration of the goods sold passes to you only upon delivery of the goods, regardless of whether the shipment is insured. This does not apply if you have independently commissioned a carrier that was not specified by us or another person designated to carry out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the “Warranty” provisions in our Standard Business Terms (Part I).
These Standard Business Terms and Customer Information were prepared by lawyers specialising in IT law who work for Händlerbund and are regularly reviewed for legal compliance. Händlerbund Management AG guarantees the legal compliance of these texts and assumes liability in the event of warnings being issued. Further information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22 October 2024