Terms and conditions
Please note: This English version is a translation of the original in German for informational purposes only. In case of a discrepancy, the German original will prevail.
1.1 These General Terms and Conditions (hereinafter referred to as "Terms") of e15 Design und Distributions GmbH (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in relation to the Seller's online shop Completing goods and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4 For commercial customers, who receive our goods regularly for the purpose of the resale (dealer), these terms and conditions do not apply. For trading partners, our separate General Conditions of Sale apply.
2. Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer can also submit the offer by fax, e-mail or post to the seller. The telephone submission of an offer is unfortunately not possible for organizational reasons.
2.3 The contract between the customer and the seller comes about only by an order of the customer and its acceptance by the seller. A confirmation of the order receipt does not constitute an acceptance. In the case of acceptance, the seller sends an order confirmation by e-mail or fax. Submitting the ordered goods to the customer is equivalent to an express declaration of acceptance.
2.4 Upon successful payment via the payment service provider, the seller accepts the offer as accepted.
2.5 The contract text is not stored by the seller and can not be retrieved by the customer after completion of the ordering process. However, the order data and the cancellation policy can be found in text form in the order confirmation, which can be printed upon receipt by e-mail. The seller stores the order data of the customer. Should the customer lose his documents about his order, he can contact the seller by mail, e-mail, fax or telephone. The seller gladly sends the customer a copy of the order data.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Delivery and shipping conditions
3.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When placing an order through the seller's online order form, the delivery address provided in the online order form is authoritative.
3.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him the performance had announced a reasonable time in advance.
3.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold to consumers already on the customer as soon as the seller has delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the seller has not previously designated the person or institution to the customer.
3.4 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make every reasonable effort to obtain the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
3.5 Pickup is not possible for logistical reasons.
4. Prices and terms of payment
4.1 The prices are valid at the time of the order. All prices are in Euro and are without exception gross prices, i. they include the statutory value added tax of 19% and other price components and do not include shipping costs. There is no minimum order value.
4.2 The delivery and shipping costs, the amount of which depends on the information provided in connection with the respective presentation of the goods, shall be payable from the place of business of the seller.
4.3 For shipments outside the EU, additional costs such as: B. taxes and / or duties / customs duties incurred by the customer.
4.4 Payments by PayPal, direct debit and credit card are subject to the terms and conditions of the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.22-24 Boulevard Royal, L-2449 Luxembourg, which can be consulted at https://www.paypal.com/webapps/mpp/ua/legalhub-full?locale.x=en_US.
4.5 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the seller has to pay default interest of 5 percent above the base rate.
4.6 The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
4.7 The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller.
5. Right of withdrawal
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor independent.
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods in a single order and the goods or goods have been delivered in a uniform manner; be or
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, if you have ordered several goods in a single order and the goods are delivered separately or
- where you or a third party named by you, other than the carrier, has or has taken possession of the last partial shipment or the last piece, if you have ordered a good that is delivered in several partial shipments or pieces.
In order to exercise your right of withdrawal, you need to contact us, e15 Design und Distributions GmbH, Customer Service Onlineshop, Gwinnerstr. 40-46, Building 416, 60388 Frankfurt am Main, Germany, E-Mail: firstname.lastname@example.org by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the withdrawal form (see below), which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this agreement, we have repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of information about rights of withdrawal
The above right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
Please understand that there is no right of withdrawal for deliveries outside the European Union. Exceptions are deliveries to Switzerland.
Model withdrawal form (If you want to cancel the contract, please fill out this form and send it back.)
e15 Design and Distribution GmbH
Customer Service Onlineshop
60388 Frankfurt am Main
T +49 69 945 4918 48
F +49 69 945 4918 10
Hereby I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following Goods (*) / providing the following service (*):
Ordered on (*) / received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only on message on paper):
Please delete as appropriate.
6. Retention of title
6.1 The consumer reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.
6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
7. Warranty (liability for defects)
7.1 If there is a defect in the purchased item, the warranty shall be in accordance with the statutory provisions. The limitation period for statutory warranty claims is one year for consumers and begins on the date of receipt of the goods by the customer.
7.2 The warranty period for entrepreneurs is limited to one year.
7.3 For consumers and entrepreneurs, the above limitation of liability and limitation period does not relate to claims for damages and reimbursement of expenses, which the customer can assert according to the statutory provisions due to defects in accordance with number 8.
8. Transport damage / return
8.1 If the customer acts as a consumer: If goods are delivered with obvious damage to the packaging or to the contents, we ask you to complain immediately to the forwarding agent / freight service and to contact the seller via telephone or otherwise (e-mail / Fax / Post), so that the seller can protect any rights against the freight forwarder / freight service.
8.2 It is also requested to return to us in the original packaging. This makes it easier for us z. B. the resale of the goods.
8.3 Goods that have been sent by forwarding company will in principle be picked up again by a forwarding company in the case of a return. You are kindly asked to contact the seller by phone, in writing or by e-mail. It is also asked to avoid transport damage, to refrain from any return by parcel service, because forwarding goods are even in the original packaging due to weight, sensitivity or size is not automatically suitable for transport via a parcel service.
8.4 Failure to comply with the above points does not limit their right of withdrawal as a consumer. In addition, failure to complain or make contact has no bearing on legal or contractual warranty and liability claims of the customer as a consumer.
8.5 Does the customer act as a merchant i.S.d. § 1 HGB makes him the obligation to inspect and to give notice according to § 377 HGB. The goods shall be deemed approved if the customer fails to comply with the notification obligations regulated therein. Address for your return: e15 Design und Distributions GmbH, Gwinnerstr. 40-46, building 410 (warehouse), 60388 Frankfurt a.M., Germany
The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The seller is fully liable for any legal reason in case of intent or gross negligence, in case of intentional or negligent injury to life, body or health, on the basis of a guarantee, unless otherwise stipulated due to mandatory liability, such as under the Product Liability Act.
9.2 If the seller negligently violates a material contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is assumed in accordance with the above clause. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
9.3 Incidentally, a liability of the seller is excluded.
9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
10. Applicable law, jurisdiction
10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, in view of the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
10.3 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
11. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts which a consumer is involved.
12. Final provisions
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
Last change: September 19, 2018