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Terms and Conditions

§1 Scope of validity

For all orders via our online store by consumers and entrepreneurs, the following T&Cs apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor their independent professional activity can be attributed. 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 self-employed professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; 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 ImmoMates GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. 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 tools provided and explained for this purpose in the ordering process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by e-mail.

§3 Contract language, contract text storage

The language(s) available for the conclusion of the contract: German.

We store the text of the contract and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

§4 Terms of delivery

We deliver free of shipping costs within Germany.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

We do not deliver to packing stations.

§5 Payment

Prepayment

If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal

In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you have to be be registered or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your your data by PayPal and confirm the payment instruction to PayPal.

Invoice

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to provide the purchase on invoice only after a successful credit check.

§6 Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

§7 Reservation of ownership

The goods remain our property until full payment.

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 shall assign all claims arising from this resale to us - irrespective of any combination or mixing of the goods subject to retention of title. You assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods 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.

§8 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions shall be deemed to be an agreement on the quality of the goods, which have been included in the contract; we do not assume any liability for public statements of the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, either by remedying the defect (subsequent improvement) or by delivery of a defect-free item (replacement delivery).

The aforementioned restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • bei vorsätzlicher oder grob fahrlässiger Pflichtverletzung sowie Arglist
  • in the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
  • within the scope of a guarantee promise, if agreed upon
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online store.

§9 Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case 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 on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

§10 Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here:

hier We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§11 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 businessman 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 us and you is our registered office.

T&C created withrechtstexter.de.