AGB
General terms and conditions and customer information I. General terms and conditions § 1 Basic provisions (1) The following terms and conditions apply to all contracts which you conclude with us as a supplier (DEDAN) via the website www.dedan.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed can. 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. Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract. (2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods and/or repair services intended for purchase are stored 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 calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data is then displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase. By sending the order via the "buy" button, you submit a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract. (3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case. (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. (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 Conclusion of the contract for download products (1) The subject of the contract is the sale of download products. As soon as the respective download product is placed on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the item description. (2) The purchase contract is concluded via the online shopping cart system as follows: The download products intended for purchase are placed in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, all order data are then displayed again on the order overview page. Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By sending the order via the "buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the purchase contract is concluded.. (3) 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. (4) 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. § 4 License of use for download products (1) The download products offered are protected by copyright. You will receive a simple usage license for each download product purchased from us, unless otherwise stated in the respective item description on the website.. (2) The simple usage license includes permission to use a copy of the download product for your personal use on your to save and/or print out on a computer or other electronic device. You are prohibited from making any further copies. You are expressly prohibited from changing or editing a file or parts thereof and making it available to third parties in any way, privately or commercially. § 5 Provision of services for repairs (1) Insofar as repair services are the subject 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. § 6 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. § 7 Warranty (1) The statutory provisions apply. (2) In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpable damage to life, limb or health that is attributable to us and to damage caused by gross negligence or intent or fraudulent intent on the part of the provider, as well as to rights of recourse in accordance with §§ 478, 479 BGB. § 8 Liability (1) We are fully liable for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase Damage under the Product Liability Act and in all other legally regulated cases. (2) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. (3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded. (4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there. § 9 Choice of Law, Place of Performance, Place of Jurisdiction (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 place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but 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 or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected. (3) The provisions of the UN Sales Convention expressly do not apply. II. Customer information 1. Identity of the seller Eugen Dolgov DEDAN Guardinistraße 113 81375 Munich Germany Telephone: 017699114021 E-mail: info@dedan.de 2. Information on the conclusion of the contract The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out as required of § 2 and § 3 of 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. 4. Main features of the goods or service The main features of the goods and/or service can be found in the item description and the additional information on our website. 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, are shown separately during 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 item description. 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 item description. 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 for goods 7.1. The liability for defects for our goods and repair services is based on the "Warranty" provision in our General Terms and Conditions (Part I). 7.2. 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. 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. More information can be found at: http://www.haendlerbund.de/agb-service.
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