I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (yourfilter GmbH) via the website www.yourfilter.eu unless a modification has been agreed upon in writing between the parties. Deviating or opposing terms and conditions are only effective with our express consent.
(2) "We offer our products for purchase only to the extent that you are a natural or legal person or a legally capable partnership acting in the exercise of your commercial or independent professional activity (entrepreneur). A contract conclusion with consumers is excluded."
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are found in the respective offer.
(2) Already with the listing of the respective product on our website, we present you with a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
"After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview."
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
"If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the website of the provider of the instant payment system or after you have been redirected back to our online shop."
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.By submitting the order via the corresponding button, you legally declare your acceptance of the offer, thereby concluding the contract.
(4)You can also submit a binding contract offer (order) by phone, email, fax, or post.
The acceptance of the offer (and thus the conclusion of the contract) occurs upon ordering by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. email), in which you are informed about the execution of the order or delivery of the goods.confirmed (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.
(5) "Upon request, we will create a customized offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different deadline is specified in the respective offer). You accept the offer by confirming it in text form." (6) The processing of the order and the 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 provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 3 Prices, Payment Terms and Shipping Costs (1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value-added tax. (2) The shipping costs incurred are not included in the purchase price; they will be calculated separately unless free shipping has been promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer. (3)Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union. (4) "You have the payment options specified under a correspondingly labeled button on our website or in the respective offer. Unless a different payment term is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if it is expressly stated in the respective offer or on the invoice." § 4 Delivery Conditions (1) The expected delivery time is specified in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. For the payment method of prepayment by bank transfer, the dispatch of the goods will take place only after the full purchase price and the shipping costs have been received by us. (2) If a product you ordered is unexpectedly unavailable despite the timely conclusion of an adequate coverage transaction for reasons not attributable to us, you will be informed immediately about the unavailability, and in the event of withdrawal, any payments already made will be refunded without delay.
(3) The shipment is at your own risk. If you wish, the shipping can be done with appropriate transport insurance, with the costs incurred being borne by you.
(4) Partial deliveries are permitted and may be invoiced by us independently, provided that you are not burdened with additional shipping costs as a result. § 5 Warranty (1) The warranty period is one year from the delivery of the item. The reduction of the period does not apply: - for damages attributable to us caused by the violation of life, body, or health and in the case of intentionally or grossly negligently caused other damages; - if we fraudulently concealed the defect or assumed a guarantee for the quality of the item; - for items that were used for a building in accordance with their normal use and caused its defects; - in the event of legal recourse claims that you have against us in connection with defect rights. (2) Only our own specifications and the manufacturer's product description are considered as agreed upon regarding the nature of the item, not any other advertising, public promotions, or statements made by the manufacturer.
(3) In case of defects, we provide warranty at our discretion through rectification or replacement. If the rectification fails, you may choose to demand a reduction in price or withdraw from the contract. The rectification is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the item or the defect or from other circumstances. In the case of rectification, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods. § 6 Right of Retention, Retention of Title (1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security is not permitted before the transfer of ownership of the reserved goods.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You remain authorized to collect the claim. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) In the case of connection and mixing of the reserved goods, we 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.
(5) We commit to releasing the securities due to you upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion. § 7 Choice of Law, Place of Performance, Jurisdiction (1) German law applies, excluding the UN Sales Convention.
(2) The place of performance and the place of jurisdiction is our registered office, provided that you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the seller
yourfilter GmbH
Carl-Benz-Str. 3a
48734 Calculate
Germany
Phone: +49 2864 7298752
E-Mail: mail@yourfilter.eu
2. Information on the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options take place in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text will not be stored by us. Before submitting the order or the inquiry, the contract data can be printed or electronically saved using the print function of the browser.
These terms and conditions were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
last updated: 27.10.2020