I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts, which you conclude with us as a supplier ( Dirk Pesch ) via the daxfabrik.myshopify.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services .
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase and/or repair services are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then 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 the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending 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 acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Provision of services for repairs
(1) Insofar as repair services are part of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including the assignment of the device for shipment, will take place within 5 - 7 days after receipt of the device to be repaired (however, if advance payment has been agreed, only after the date of your payment instruction).
(5) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special terms of payment apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
§ 5 right of retention , retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:
- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.(4) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
Dirk Pesch
Allgaeustr. 24-26
42651 Solingen
Germany
Telephone: +491603086060
Email: info@daxfabrik.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
We are not willing and not obliged to participate in dispute settlement procedures before consumer arbitration boards.
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "repair services" in our General Terms and Conditions (Part I), as well as in the respective offer.
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service .
last update: 29.11.2022
