General Terms and Conditions and Customer Information

I. Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Benjamin Katz) via the website www.feuerwehrstiefel-ews.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping basket system under the terms and conditions specified in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can access the "shopping basket" at any time via the corresponding button in the navigation bar and make changes there.
After clicking on the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal details and the payment and shipping terms, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review and change the details in the order summary (also using the "back" function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for quotations are non-binding. We will provide you with a binding quotation in writing (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective quotation).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Special agreements regarding payment methods offered

(1) Payment via SOFORT / instant bank transfer
If you select the Sofort / Sofortüberweisung payment method, payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"’"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB(publ), Sveavägen 46, 111 34 Stockholm, Sweden). To use the SOFORT payment method, you must have an online banking account that is activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. For more information about SOFORT, please visit https://www.klarna.com/sofort/.

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed on our website under a correspondingly labeled button and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be notified of this separately. For more information about PayPal, please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via "Mollie"
When selecting a payment method offered via "Mollie," payment processing is handled by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie"). The individual payment methods via "Mollie" are displayed on our website under a correspondingly labeled button and in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more information about "Mollie," please visit https://www.mollie.com/de.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before transfer of ownership of the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) Upon combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements made by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transportation is not in accordance with the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:

- for culpable damage attributable to us resulting from injury to life, limb, or health, and for other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of Law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer Information

1. Identity of the seller

Benjamin Katz
Hauptstr. 23
88512 Mengen
Deutschland
Telefon: 07 572 / 71 10 36
E-Mail: info@feuerwehrstiefel-ews.de

Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print out the contract data using the print function of your browser or save it electronically. Once we have received your order, we will send you the order data, the information required by law for distance selling contracts, and the General Terms and Conditions again by email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in writing as part of a binding quotation, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition to the purchase price, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs beyond our control may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which you will be responsible for paying.

6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.

6.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

7. Terms of Delivery

7.1. The delivery terms, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are a business, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by lawyers specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 29.11.2022