General terms and conditions
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with DÜRASOL GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
We accept your offer within two days by issuing a declaration of acceptance in a separate e-mail or, if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method.
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language available for the conclusion of the contract: German.
We save the text of the contract and send you the order data and our GTC in text form.
4. Delivery conditions
In addition to the stated product prices may still be shipping costs. More detailed provisions on any shipping costs you will find in the offers.
We deliver only by mail order. A self-collection of the goods is unfortunately not possible.
In our store you can basically use the following payment methods:
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process. PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.
In the order process you enter your credit card details. Your card will be charged by Klarna immediately after submitting the order. An address and credit check does not take place.
6. Right of withdrawal
You are entitled to the statutory right of cancellation as described in the cancellation policy.
7. Retention of title
The goods shall remain our property until full payment has been made. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9. Warranty and guarantees
9.1 Defect liability law
The statutory liability for defects shall apply.
9.2 Guarantees and after sales service
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service Monday through Thursday from 8:30 a.m. to 4:00 p.m. and Friday from 8:30 a.m. to 1:30 p.m. by phone at 0511-43874-70 or by e-mail at firstname.lastname@example.org.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.Otherwise, claims for damages shall be excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.