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Terms and conditions

General Terms & Conditions and Customer Information

I. General business conditions

§ 1 Basic determinations

(1) The following terms and conditions apply to all contracts you enter into with us as a supplier (Freizeitschmiede GbR) üvia the Internet site www.freizeitschmiede.de close the contract with GbR) üclose the contract with www.freizeitschmiede.de Unless otherwise agreed, the inclusion of any own terms and conditions used by you will be rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is any natural or legal person or a legal partnership which, at the conclusion of a legal transaction, is acting in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

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

(2) Already with the listing of the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the article description.  

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase will be placed in "shopping cart". &You can use the corresponding button in the navigation bar to call up the "shopping basket" 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 (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are forwarded to the respective instant number system, make the appropriate selection or enter your data there. Finally, you will be redirected to our online shop on the order overview page.

Before submitting your order, you have the option of checking all details here again, changing them (including the function “of the Internet browser”) or canceling the purchase.
By sending the order "zahlungspflichtig bestellen" you declare the legally binding acceptance of the offer, whereby the contract comes about.

(4) Your requests for quotation are not binding. We will submit you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The order processing 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 e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 Right of retention, Reservation of title

(1) You can only exercise a right of retention if the claim arises from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

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

a) We reserve title to the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, pledging or assignment as security is not permitted.
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; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent on us.


§ 4 Warranty

(1) The legal liability rights exist.

(2) As a consumer you are requested to check the item immediately upon delivery for completeness, obvious defects and transport difficulties and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own information and the manufacturer's product description shall be deemed agreed as the condition of the item, but not other advertising, public praise or statements by the manufacturer.
b)  In the case of defects, we shall, at our discretion, guarantee rectification of the defect by repair or replacement. If the rectification of the defect is unsuccessful, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else results, in particular, from the nature of the object or the defect or other circumstances. In the event of subsequent improvement, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.
c)  The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply:


- Any injury culpably caused to us by injury to life, limb or health and any other injury caused intentionally or through gross negligence
- if we have maliciously concealed the defect or assumed a guarantee for the quality of the item;
- in the case of articles which have been used for a building in accordance with their usual use and which have caused its defectiveness;
- for legal claims you have against us in connection with rights of access.

§ 5 Right choice


(1)  German law applies. In the case of consumers, this choice of law shall only apply if it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of habitual residence (principle of good faith).

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


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II. Customer information

1. Identity of the salesperson

Freizeitschmiede GbR
Robert-Bosch-Strasse 12
51674 Wiehl
Germany
Phone: +49 2261 9939353
E-Mail: info@freizeitschmiede.com



Alternative Dispute Resolution:
The European Commission provides a platform for online extrajudicial dispute resolution (OS platform), available 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 correction possibilities shall be carried out in accordance with the provisions of "the conclusion of the contract" our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is german.

3.2 The complete contract text will not be saved by us. Before sending the order üvia the online shopping cart system  the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally 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 online 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. Codes of conduct

4.1 We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential characteristics of the goods or services

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

6. Prices and methods of payment

6.1 The prices quoted in the respective offers as well as 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 called up via an appropriately marked 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 the delivery free of shipping costs is promised.

6.3 If the delivery takes place in countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer charges (bank transfer or exchange rate charges) to be borne by you.Costs incurred for the transfer of money shall also be borne by you in those cases in which delivery is made to an EU member state but payment has been made outside the European Union.

6.4 The methods of payment available to you are shown under a correspondingly marked button on our website or in the respective offer.

6.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

7. Terms of delivery

7.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly marked 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 goods sold during shipment shall not pass to you until the goods have been 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 designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability law

Liability for defects is governed by the provisions "Warranty" in our General Terms and Conditions (Part I).

These general terms and conditions and customer information were prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

last update: 19.11.2018



Concept & implementation from Creeb.de
* All prices incl. Statutory. VAT excl. Shipping cost and possibly COD charges, unless otherwise stated.
** applies to deliveries within Germany, delivery times for other countries, please refer to our Shipping information.
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