Terms of Service

The European Commission provides a platform for out-of-court online dispute resolution (OS platform) available under https://ec.europa.eu/consumers/odr/ . You can find our email address in our legal notice. We are neither obliged nor willing to participate in the dispute settlement process.

General Terms and Conditions

§ 1 Scope, subject matter and conclusion of the respective contract

  1. The following conditions finally regulate the contractual relationship between giftband.de, Steffen Seubert, Felix Wankel Straße 2a, 97526 Sennfeld, hereinafter “ Seller "and the respective customer.

  2. These general terms and conditions apply exclusively. Conditions of the customer that contradict or deviate from these terms and conditions will not be recognized unless the seller has expressly agreed to these in individual cases.

  3. They apply to both consumers and entrepreneurs. A consumer within the meaning of these terms and conditions is any natural person who places the order for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when placing the order, acts in the exercise of their commercial or independent professional activity.

  4. The subject of the respective contract is the sale of goods by the seller to the customer.

  5. The customer can place a order for the goods via the seller's website. After sending the order, the customer receives an order confirmation in which his data and his order are listed again. This order confirmation does not yet constitute an acceptance of the conclusion of the contract. If the seller accepts the offer, the buyer will receive a declaration of acceptance of the contract or a shipping confirmation from the latter within 2 days. If the customer does not receive such a declaration in due time, he is no longer bound to his order.

  6. The contract text and the general terms and conditions will be sent to the customer by email after the order has been placed. In addition, the customer who has created a customer account can call up his respective orders via his customer account at any time after the conclusion of the contract.

  7. The contract is only concluded in German. German law is applicable if the customer is an entrepreneur.

  8. All prices are gross euro prices.

§ 2 Processing of the purchase contract, shipping costs

  1. The customer bears the shipping costs from the location of the seller's branch in accordance with the shipping costs table valid at the time of the order under http://www.angeboteband.de/de/Liefer-und-Versandkosten .
  2. When the purchase contract is concluded, the payment of the purchase price is due immediately. The customer has the option of choosing between different payment modalities.
  3. The seller is entitled to withdraw from the contract if, despite the prior conclusion of a corresponding purchase contract, he has purchased the subject matter does not receive; the responsibility of the seller for intent or negligence remains unaffected. In this case, the seller will immediately inform the buyer about the unavailability and immediately reimburse the buyer for any consideration that has already been paid. In this case, the seller reserves the right to offer goods of the same price and quality, with the aim of concluding a new contract for the purchase of goods of the same price and quality.
  4. By accepting the general terms and conditions, the customer declares that he has reached the age of 18 and is therefore legally competent or if the customer has not reached the age of 18, he declares by accepting the general terms and conditions that he has reached the age of 7 and that he has obtained the consent of his legal representative before ordering. The seller points out that damage caused by incorrect age information, incorrect address information or fun orders will be asserted against the customer.

5. The client agrees that he will receive the invoices electronically. The contractor sends the electronic invoices by email in PDF format

§ 3 Warranty and Liability

  1. The seller is generally liable for defects in the goods in accordance with the statutory provisions of the sales law (§§ 434 ff. BGB) and - if the customer is a consumer - of the consumer goods sales law (§§ 474 ff. BGB), unless otherwise stipulated in these terms and conditions.

  2. If the customer is an entrepreneur, the warranty period for the rights from § 437 No. 1 and No. 3 BGB for new articles is different of § 438 Paragraph 1 No. 3 BGB one year from the start of the statutory limitation period. For consumers, the statutory warranty period of two years applies in the case of § 438 Paragraph 1 No. 3 BGB.

  3. If the customer is an entrepreneur, the warranty for used items is excluded. In relation to consumers, the warranty period for the rights from § 437 No. 1 and No. 3 BGB is shortened to one year from the start of the statutory limitation period, in deviation from § 438 Paragraph 1 No. 3 BGB.

  4. The seller is generally not liable for damage caused by slight negligence.

  5. The limitations of liability according to the preceding numbers 2, 3 and 4 do not apply to damage resulting from injury to life, body or health , in the case of fraudulent concealment of defects, claims from the Product Liability Act, in the case of willful intent and gross negligence, as well as in the event of a breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on

§ 4 retention of title, transfer of risk

  1. The goods delivered remain the property of the seller until they have been paid for in full.

  2. If the customer is an entrepreneur, then in the case of mail-order sales, the risk is transferred to the entrepreneur upon handover to the transport company. For consumers, the transfer of risk only occurs when the goods are handed over to the customer.

§ 5 Default and default costs

      1. The customer who is not a consumer is in default if he has not paid within 30 days of the due date.

      2. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or payment request.

      3. The seller is entitled to claim flat-rate dunning costs of € 2.50 from the customer for each reminder. The customer is allowed to prove that no or only minor damage has occurred. The right to claim further dunning costs is expressly reserved.

§ 6 final provisions

  1. German law is exclusively applicable to these general terms and conditions and to the respective sales contract, excluding the UN sales law, if the customer is not a consumer.

  2. Should one or more clauses of these terms and conditions be ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

Status: 06/13/2014

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