1. Terms & conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider via the website https://greenshade.de/ . Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time. After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system takes place, you make the appropriate selection and/or input of your data there. Finally, you will be redirected back to our online shop to the order overview page. Before sending the order you have the possibility to check all data again, to change it (also via the function "back" of the internet browser) or to cancel the purchase. By sending the order via the button "order payable" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries 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 2 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly release us from all claims of third parties asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors.
§ 4 Right of retention, reservation 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.
§ 5 Warranty
(1) The goods remain our property until the purchase price has been paid in full.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
2. Customer information
1. Identity of the seller
Bartosch Komar
GREENSHADE
Kirschfeldstraße 6
DE-74629 Pfedelbach
Phone: +49 (0)7941 / 969 8 979
E-Mail: info@greenshade.de
Alternative dispute resolution: European Commission provides a platform for out-of-court online dispute resolution (OS platform), here at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part 1.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. If you request an offer outside the shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately 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 additionally by you, unless delivery free of shipping costs has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you. Costs incurred for the transfer of money shall also be borne by you in cases in which delivery is made to an EU member state but payment has been arranged outside the European Union.
5.4. The methods of payment available to you are indicated by a button on our website or in the relevant offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims under the contract are due immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
7. Legal liability for defects
Liability for defects shall be governed by the "Warranty" provision in our General Terms and Conditions (Part 1.).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
last update: 01.04.2019