Phone: +49 9071-5890-0
Fax: +49 9071-5890-25
Conditions of Use
Terms Demharter GmbH, Dillingen / Donau Dillingen, 03.09.2015
Languarge is english
Table of Contents
- 1. scope
- 2. Offer and conclusion of contract
- 3. Delivery
- 4. Transport damage
- 5. Prices
- 6. payment
- 7. Return Policy
- 8. Exchange Policy
- 9. Liability for defects
- 10. liability
- 11. Data Protection
- 12. Final Determination
These terms and conditions (the "Conditions") of Demharter GmbH (hereinafter "Seller"),
apply to all agreements concluded with the seller regarding a consumer or entrepreneur (hereinafter "Customer")
of the seller in its online store merchandise shown and / or services closes. This is the
inclusion of own terms of customers objected, unless it is otherwise agreed.
Within these terms is any natural person who enters into a transaction for purposes which
can be mainly attributed to either their commercial or independent professional activity.
Entrepreneurs within the meaning of these terms is any natural or legal person or a legally responsible unincorporated
community that when concluding a legal transaction in their own business or industrial
2. Offer and conclusion of contract
When written, telephonic or other members via e-mail orders, the purchase contract is with regard to the
items you ordered by confirmation or immediate delivery of the goods subject to these
By ordering assures the customer to have legal capacity in full or . order to
have made the consent of the legal representatives.
We will ship the items available Monday -. Friday at least 24 hours of order
If you already have a customer number, enter it when ordering with.
In principle we deliver to your home address. There is no minimum order size. The exact shipping costs
can be found under the heading "delivery information".
Shipments abroad only in advance.
Availability, price changes, model changes, color changes in the course of product development and
subject to error, we reserve explicitly. Delivery is exclusively based on the
General Terms and Conditions.
Packaging is charged proportionally to the shipping costs. The packaging can not in principle
be withdrawn, unless in return by return or withdrawal.
4. Transport damage
If a package is visibly damaged, then immediately open in the presence of the delivery agent and a damage
can exhibit confirmation. Without a settlement of claims is not possible. Please report
us transport damage within 24 hours.
All offers are not binding. There are alone in our catalog / internet shop and in the current
market prices referred Advertising in Euro. All quoted prices are RRP including
the respective statutory VAT plus shipping costs.
You can choose: by cash in advance, cash on delivery or by Paypal.
We deliver only under reservation. The ownership is only transferred to the buyer when he his
has fulfilled all liabilities arising from all our deliveries.
7. Return Policy
The right of return does not apply if the purchaser is an entrepreneur within the meaning of § 14 BGB.
The withdrawal and return within the meaning of § 312 is only when the buyer is a consumer within the meaning of
is § 13 BGB.
According Fernabsatzgesetz you can purchase within two weeks revoked, but the withdrawal period with the day
begins the goods are received. For partial deliveries, the withdrawal period starts with the receipt of the first partial delivery.
The cancellation must be in writing (letter, fax, email) or by returning the goods. A justification is
required. To meet the deadline passes the send the revocation to: Demharter GmbH,
Einstein Straße 9, 89407 Dillingen / Donau, Fax: +49 (0) 9071 / 5890-25, email: email@example.com.
Repeal the purchase so you are (unused and in original packaging; please invoice for returning the goods
enclose copy and returning reason cited - you help us so that the processing and accelerate the
settlement) committed. Excluded from this right are special offers as well as books, pamphlets,
electrical / electronic components and software, when the package was opened. The purchase already paid
price to get reimbursed by us (by bank transfer to their account - when ordering or returning
state). The return must be postage free for us. We ask that we are not free packages
to send, as this considerable extra cost (12 euros extra postage) is connected to us. These are
not accepted in principle. If indeed a reason for rejection are available, we will allocate
refund rescission upon presentation of proof of purchase you post the postage costs back. The buyer has to
use return a secure, if possible, the original transport packaging.
Immediately after receipt of returned goods, but not later than within two business days, we will refund the
make purchase price paid. For this purpose the buyer has time, at the latest with the return of his
to announce bank account. The cost of transport and packaging are up to an order 40,00
Euro from the buyer to take impairment right to a refund of the purchase price does not exist, if the value of the goods by use of more than the usual examination of the goods as the buyer would have been possible in a retail store, goes. Also, there is no entitlement to reimbursement for damage to the goods or their packaging , or by other circumstances which the purchaser is responsible. In this case, the Demharter GmbH is an in making reasonable individual cases deduction for depreciation. If the impairment of the purchased item be so substantial that a resale of the goods impossible or only with unjustifiable losses is possible, is a redemption of the purchased goods generally excluded (§357 para. 3).
8. Exchange Policy
We guarantee a right to exchange within 14 days of unused and in their original packaging. The return
consignment must be free of charge for us. Shipments without freight prepaid will not be accepted. With new deliveries that
are not caused by us, the processing fee is recalculated.
9. Liability for defects
We guarantee for the absence of the products sold by us things under the statutory provisions,
ie, that at the time of transfer of risk (conservation of matter) the matter is not free of defects that the
value or suitability for the usual or presupposed according to the contract use cancels or
reduces. For your order, the statutory provisions; then you are entitled as a buyer, for
upon delivery deficient of ware, a performance in the form of defects or delivery of a
demand defect-free goods, that the goods will be remedied easily or completely replaced. If
unreasonable costs would arise in the supplementary performance chosen by you, we are to
be entitled to refuse them and to choose the other option, unless they also disproportionately
associated high costs. Please note telling us about occuring faults immediately in writing;
. To the receipt part whatsoever in the original - so please always keep good limitation period for defect claims §§438,457 BGB . The in § 437 BGB No. 1u.3 designated claims expire with new things in 24 months and for used stuff in 12 months. This begins with the day of delivery to the buyer.
Burden of proof
burden of proof from the seller § 476 BGB
In the first six months of the warranty is assumed that the defect already at delivery of
was present goods -., The seller would have in case of doubt prove otherwise burden the buyer from the beginning of the seventh month to the 24th month of the warranty, the buyer must prove that the defect already existed upon delivery. the customer's right according to § 437 BGB the buyer for defects in the delivered goods initially only entitled to subsequent performance filling, ie, it may, at its discretion to repair the delivered demand thing or a replacement delivery. the buyer has the choice made to tell us in clear form. Only after two unsuccessful Nacherfüllungsver- search of us, the buyer could accordance with the legal provisions reduce the purchase price or the HIDE convert. Verification - rejection We are entitled to benefits from warranty claims conditional upon the purchaser the damaged goods before us allows returns and a review of the complaints. Turns out that a failure despite thorough examination can not be determined or that the failure by the buyer was self-inflicted, are any claims excluded. Having regard to the buyer § 442 BGB The rights of the buyer due to a defect shall be excluded if he in contracting the lack knows, or if the thing is sold as defective.
We exclude our liability for negligent breach of duty, unless fundamental contractual
concern obligations, damages resulting from injury to life, limb or health or guarantees or
claims under the Product Liability Act. The same applies to breaches of duty of our vicarious
11. Data Protection
We collect and use your personal data only under the provisions of the
Data Protection Act (DSG) of the Federal Republic of Germany.
Data transmission and logging to internal and statistical purposes
Your Internet browser automatically transmits when accessing our website for technical reasons, data on
our web server. This is includes the date and time of access, URL of the referring
website, retrieved file, amount of data sent, browser type and version, operating system, screen
resolution, color depth, and your IP address. This data is stored separately from other data that you under the
typing using our website. A mapping of this data to a specific person is
not possible for us. Data may be used for statistical purposes and then deleted. Inventory data If between you and us a contract, to be content, or amending, we collect and use personal information from you, as far as may be required for these purposes should be. In order of the competent authorities, we may in the individual case information about this data (inventory data), as necessary for purposes of law enforcement, security, to meet the statutory duties of the required constitutional protection authorities or the enforcement of intellectual property rights. use of data we collect and use your personal data, insofar as is necessary to the use permit or settle our website (usage data). These include in particular characteristics to our detection (ID) and information at the beginning and end and the extent of the use of our range. For the purposes of advertising by email, mail or SMS, the market research and tailoring of our website, we may using pseudonyms user profiles create. You have the right to object to this use of your data. The user profiles, we can not with data on the merge of the pseudonym. On request of the competent authorities, we may in the individual case information about this data (inventory data), as necessary for purposes of law enforcement, security, to meet the statutory duties of the Terms of constitutional protection authorities or the military or for the enforcement of intellectual is the property required. cookies to extend the functionality of our website and to make the use more comfortable for you, we use "cookies". With the help of these "cookies" data when accessing our website are stored on your computer. You have the option of storing cookies on your computer to prevent by appropriate settings in your browser. This, however, the functionality could our range are limited. Right As a user of our site you have the right information from us about the about your person or your demand data stored pseudonym. On your request, the information can be provided electronically. 12th OS The European Commission provides a platform for online dispute resolution (OS) ready. This is available from February 15, 2016 under http://ec.europa.eu/consumers/odr/ fully available.
13. Final provision
These terms and conditions apply exclusively to private customers within the European Union. Place of performance
for all from the contractual relationship incurred claims and obligations is Dillingen / Donau. The court
of jurisdiction for all arising from the contract or related with it disputes
Dillingen / Donau. The contract is subject to the laws of the Federal Republic of Germany, excluding the
provisions of the CISG. Should any provision in any other agreement be ineffective
or become, then thereby the effectiveness of all other provisions or agreements is not affected.
In this case, the parties commit themselves to a consensual regulation that the intended objective of the Treaty
corresponds to the parties, however, are the one to what these Terms under permissible legal appraisal
deviating from these conditions or these conditions, supplementary arrangements in individual cases require your
effectiveness in writing.