General terms and conditions of business of the online shop of Salinenluft.de represented by kreativlabor butz
1. Scope of Application
1. The following terms and conditions of sale and delivery, which you (hereinafter referred to as “buyer”) recognise through your order, apply to the business relationship between the buyer and kreativlabor butz for orders by telephone, email, fax, post or via the website www.salinenluft.de (hereafter referred to as “online shop”).
2. Buyers may be consumers or entrepreneurs. The consumer is a natural person who concludes the purchase for a purpose that is neither commercial nor can it be attributed to the person’s independent professional occupation (section 13 of the German Civil Code (BGB)). Entrepreneur is any natural person or legal entity or a partnership capable of acquiring rights and incurring obligations that acts in exercise of his or its trade, business or profession when concluding a legal transaction (section 14 BGB).
2. Conclusion of the contract
1. Offers of kreativlabor butz are non-binding and subject to change. A contract between kreativlabor butz and the buyer shall only come about when kreativlabor butz has confirmed the buyer’s order.
2. The Buyer shall submit a binding offer to kreativlabor butz by email, fax, post or telephone. A sales contract shall only come about between the buyer and kreativlabor butz once the goods have been sent to the buyer or acceptance of the offer submitted by the buyer has been expressly confirmed. If the buyer receives a confirmation email for receipt of the order that relates to the email order or order in the online shop after receipt of the order by kreativlabor butz, this does not yet constitute acceptance of the contractual offer by kreativlabor butz. Acceptance of the buyer’s contractual offer rather does not take place until further express confirmation is issued or the goods are sent.
3. In the case of orders via the online shop the following also applies: The buyer submits a binding offer to kreativlabor butz when he has successfully completed the order process in the online shop by entering the details as prompted and then finally clicks on the “Buy Now” button. After receiving the order kreativlabor butz sends the buyer an automatically generated receipt confirmation, which does not yet indicate an acceptance of the offer and merely serves as information about the incoming order. Before submitting the order in the online shop the buyer is shown a summary of the contents of his order to identify any typing errors. The buyer can correct any typing errors with regard to the order details by calling up the general “Return” function in the internet browser and/or by clicking on the “Edit Order” button during the order process. The contract text is stored. After having successfully logged in, which is initiated by clicking on the “My Account” button, the contract text is accessible to the Buyer until he deletes it himself.
4. The delivery to be rendered by kreativlabor butz is subject to us obtaining the supplies punctually and in full. Should the ordered items no longer be available and/or only be obtainable with unreasonable cost or effort, kreativlabor butz shall be entitled to withdraw from the contract. Kreativlabor butz shall in this case inform the buyer about the lack of availability without delay and reimburse any payments received for the items in question. The buyer shall not be entitled to any compensation for this reason. Responsibility of kreativlabor butz for intent or negligence in accordance with the liability provisions pursuant to subsection 8 of these General Terms and Conditions of Business shall not be affected thereby. The same applies if delivery is considerably impeded or becomes impossible due to force majeure (fire, flooding, industrial disputes, operational disruptions, strikes, official directives which are not attributable to the operating risk of kreativlabor butz) or other events and kreativlabor butz is not responsible for it. A right of withdrawal also exists if kreativlabor butz gains knowledge of the objective lack of creditworthiness on the part of the buyer after conclusion of the contract and the claims for payment of kreativlabor butz are thereby endangered.
5. Partial deliveries are permitted unless the buyer clearly has no interest in them or he can reasonably not be expected to have an interest in them. If kreativlabor butz exercises this right, packaging and forwarding costs will only be levied once.
1. Forwarding is carried out by a transport company to be chosen by kreativlabor butz to the delivery address specified by the Buyer in the order.
2. The buyer is allowed to collect the goods himself.
4. Passage of risk
1. The risk passes to the buyer when the items are surrendered to the buyer. If delivery is delayed for reasons for which the buyer is responsible, the risk shall pass to the buyer if he defaults on acceptance.
2. If the buyer is not a consumer (for definition see above under 1.2), the risk shall already pass to the buyer upon surrender of the items to the person carrying out the transport.
5. Prices, terms of payment
1. The amounts listed as purchase prices are end prices and include all the price components including any accruing taxes (especially including VAT).
2. Kreativlabor butz shall inform the buyer in the online shop about what payment options are actually available.
3. If kreativlabor butz agrees on an payment in advance with the buyer, delivery shall only take place once the agreed purchase price has been received. In this case, the buyer shall undertake to pay the total amount by no later than fourteen days after receipt of the payment request without deduction by transfer to the account of kreativlabor butz specified in the online shop. Compliance with the deadline shall be determined by the date when payment is received. In the event that the deadline expires unsuccessfully, the buyer shall be considered in default of payment without any further notice necessary.
4. The buyer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. The buyer is only entitled to offset if his counterclaims are undisputed by kreativlabor butz or are disputed by kreativlabor butz, but have been finally established in law. The goods shall remain the property of kreativlabor butz until payment has been received in full.
6. Warranty to consumers
1. The statutory provisions shall apply to claims of the buyer against kreativlabor butz due to defects. In particular, damage caused as a result of measures taken by the buyer which are inappropriate or improper or contrary to the terms of the contract do not constitute grounds for any claims by the buyer.
7. Warranty to entrepreneurs
1. If the buyer is not a consumer (for definition see above under 1.2), the following applies in addition to the legal warranty requirements:
2. Warranty claims of the buyer are subject to the buyer having inspected the items immediately after handover and having informed kreativlabor butzH of any defects without delay after handover. Defects which were not seen or noted at the time of the delivery have to be communicated in written form by the buyer immediately after their detection.
3. If the buyer has the right to make claims due to a defect, kreativlabor butz is entitled at its discretion to rectify the defect for the buyer free of charge or to render a replacement delivery of faultless items.
4. Warranty claims shall become statute-barred within 12 months from the time of the passage of risk. This does not apply in the event of delivery recourse in accordance with sections 478, 479 of the German Civil Code (BGB) and/or if the corresponding defect was deliberately concealed and/or if kreativlabor butz has given special guarantees in the form of a manufacturer’s guarantee.
5. The aforementioned shortening of the limitation period does not apply to claims for damages for which kreativlabor butz is liable under the provisions of subsection 8 below.
1. Kreativlabor butz shall be liable without restriction for any damage caused intentionally or through gross negligence by kreativlabor butz, its employees or vicarious agents, in cases where defects are deliberately concealed, when a quality guarantee is given and for any damage arising from loss of life, personal injury or illness.
2. Kreativlabor butz shall be liable for other damage only if a duty is breached, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the contracting party can regularly rely (cardinal duty) and if the damage is typical and foreseeable based on the contractual use of the services. Any liability according to the Product Liability Law shall not be affected. Any liability by kreativlabor butz over and above the aforementioned is excluded.
9. Final provisions
1. Kreativlabor butz shall not recognise any general terms and conditions of business or terms of contract of the buyer that conflict with or differ from these general terms and conditions of unless their validity is expressly consented to in writing. These general terms and conditions apply even if kreativlabor butz unconditionally renders the delivery to the buyer in the knowledge that the buyer’s terms and conditions conflict with or differ from these terms and conditions.
2. In commercial dealings the parties agree that the office of kreativlabor butz is the sole place of jurisdiction for all disputes arising within the context of the execution of this contract. The office of kreativlabor butz is also the place of jurisdiction in non-commercial dealings if the buyer has no general place of jurisdiction in Germany or moves its place or residence or habitual abode outside the scope of application of the Federal Republic of Germany after conclusion of the contract. This does not apply in the event that the buyer’s place of residence or habitual abode is not known at the time the action is filed.
3. The business relationship and all resultant legal issues are subject solely to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
4. Should individual provisions of these General Terms and Conditions of Business be or become invalid, the remaining conditions shall remain effective.
Bad Kreuznach, June 1st, 2016