Terms and Conditions
(The following terms and conditions also contain legal information about your rights in electronic commerce as well as mandatory information for consumers)
§ 1 Definitions
§ 2 Scope of the GTC for entrepreneurs
§ 3 Retention of title
§ 4 Warranty
§ 5 Damage in transit
§ 6 Applicable law
§ 7 Place of jurisdiction
§ 8 Consumer information and information in electronic commerce
- Contract language
- Conclusion of the contract and technical steps leading to the conclusion of the contract
- Correction of input errors before sending the order
- Storage of the contract text
- Details regarding payment
- Details regarding the delivery
- Prices and shipping costs
- Customs and import fees for deliveries to third countries (e.g. Switzerland, USA)
- Information about warranty conditions and guarantees
- Right of withdrawal for consumers
- Essential characteristics of the goods or services
- Identity and summonable address of the seller
- Online dispute resolution (OS platform)
- Dispute resolution according to the Consumer Dispute Resolution Act (VSBG)
- No take-back obligation for waste electrical and electronic equipment
§ 1 Definitions
(1) If special rights and obligations are agreed in these GTC only for consumers according to § 13 BGB or only for entrepreneurs according to § 14 BGB, the following definitions shall apply:
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(3) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Scope of the GTC for entrepreneurs
(1) If the Buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) (see § 1 para. 3 of the GTC), these GTC shall apply exclusively. The Buyer's GTC shall apply only to the extent that the Seller has expressly agreed to them in writing prior to the respective conclusion of the contract.
(2) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.
§ 3 Retention of title
The ordered goods remain the property of the seller until full payment. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.
§ 4 Warranty
If the buyer is a consumer in the sense of § 13 BGB (see § 1 para. 2 of the GTC), he is entitled to the statutory warranty rights. The warranty period is 24 months from delivery of the goods to the buyer.
If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 para. 3 of the GTC), the warranty period for new items is one year from delivery of the item. No warranty shall be assumed for used items vis-à-vis an entrepreneur. Claims for damages are excluded from this. These shall be governed by the statutory provisions.
If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 paragraph 3 of the GTC), he is entitled to warranty claims due to existing transport damage only if he has fulfilled his obligation to inspect and notify according to § 5 paragraph 4 of these GTC.
§ 5 Transport damage
- If the buyer is a consumer (see § 1 paragraph 2 of the GTC), we ask that goods with obvious damage to the packaging or contents to the freight service to complain or refuse to accept. In addition, we ask the buyer in this case immediately contact us by e-mail, fax or mail.
- In case of discovery of hidden defects we also ask for immediate notification.
- A shortening of the warranty rights, revocation rights and limitation periods is not associated with the above provisions.
- If the buyer is an entrepreneur in the sense of § 14 BGB (see § 1 para. 3 of the GTC), he must inspect the goods immediately after receipt for transport damage. Any ascertainable transport damage must be reported to the seller in writing without delay. Packaging damage must be confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, the notification must be made immediately after discovery.
§ 6 Applicable law
All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. With respect to consumers (see § 1 para. 2 of the GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the country in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 7 Jurisdiction
For disputes arising from or in connection with the delivery of the goods and/or these GTC, the courts at the registered office of the Seller shall have exclusive jurisdiction, provided that the Customer is a merchant or the Customer is a legal entity under public law or a special fund under public law or the Customer does not have a permanent residence in Germany, the Customer has moved its residence or habitual abode abroad after these GTC become effective or if the residence or habitual abode of the Customer is not known at the time the action is filed.
§ 8 Consumer information and information in electronic commerce
1. Contract language
The contract language is German. These General Terms and Conditions are offered in German only.
2. Conclusion of the contract and technical steps leading to the conclusion of the contract
- The product representations in the online store are not binding offers of the seller but merely represent an invitation by the seller to the buyer to make a purchase offer to the seller himself.
- If the buyer puts a product in the shopping cart, he goes through an ordering process in the seller's online store before submitting a binding offer. Here the buyer must select his billing and shipping address, his desired payment method and the shipping method. Only by sending the online order by clicking the binding order button "order with obligation to pay", the buyer makes a binding offer for the ordered goods at the price indicated in the order overview.
- If the Buyer selects "purchase on account" or "cash on delivery" as the payment method in the order process, the Buyer's offer shall be accepted by sending an order confirmation by e-mail within 3 working days after the Seller has sent the Buyer's order. If the Buyer does not receive an order confirmation from the Seller within this period, the Buyer's offer shall be deemed rejected and the contract shall not be concluded. In this case, the buyer is also no longer bound to his offer.
- If the Buyer selects "Prepayment" or "Bank Transfer" as the payment method in the order process, the Buyer's offer shall be accepted at the time of confirmation of the payment instruction to the bank. With the confirmation of the payment instruction by the buyer to his bank, the contract with the seller comes into effect.
- If the Buyer selects "Paypal" as the payment method in the order process, the Buyer's offer is accepted at the time of confirmation of the payment instruction to PayPal. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller comes into effect.
- If the Buyer selects "credit card" as the payment method in the order process, the Buyer's offer shall be accepted at the time of the credit card charge, which shall take place immediately after the Buyer has sent the credit card data. The contract with the Seller shall be concluded upon charging the credit card.
- If the Buyer selects "direct debit" as the payment method in the order process, the Buyer's offer is accepted at the time the account is debited, which takes place immediately after the Buyer sends the account data. With the debit of the account of the buyer, the contract with the seller comes into effect.
- If the buyer selects "Sofortüberweisung" as payment method in the order process, the contract is concluded at the time of confirmation of the payment instruction by the buyer to SOFORT GmbH.
- The buyer can also request an offer from the seller by phone, fax or e-mail without obligation. In this case the seller will send the buyer a binding offer including the required mandatory information within 7 working days after the request by phone or sending the request by fax/email or letter, whereby the receipt of the offer by the buyer is decisive for the observance of the deadline. The Buyer may then accept the Seller's offer within 7 working days after receipt of the offer again by telephone, fax, e-mail or letter, whereby it is sufficient for compliance with the deadline that the Buyer sends the fax, e-mail or letter within the deadline or accepts the Seller's offer within the deadline by telephone to the Seller. If the Buyer does not accept the Seller's offer by telephone within the aforementioned period or does not send its declaration of acceptance by e-mail, fax or letter within the period, the Seller's offer shall be deemed rejected and the contract shall not be concluded. In this case, the seller is also no longer bound to his offer.
3. Correction of input errors before sending the order
You can check your order on a separate page before the final dispatch. Input errors can then be corrected by clicking the "Back" button of your Internet browser on the previous page or via a corresponding correction function of the Internet store in the ordering process.
4. Storage of the contract text
The order data, the terms and conditions and the cancellation policy are sent to the buyer with the order confirmation of the seller by e-mail in text form. In addition, the contract text is stored on the internal systems of the seller and sent to the buyer again by e-mail on request.
5. Details regarding the payment
- Payment of the purchase price is made through the payment options offered in the order process.
- Installment payments require prior coordination/agreement with the seller.
- In case of default of payment, the Seller is entitled to withdraw from the contract after the expiry of a reasonable period of time for performance.
6. Details regarding the delivery
- Unless otherwise agreed before the conclusion of the contract, the delivery of the goods shall be made in principle by sending the goods to the address provided by the Buyer within Germany or to the countries that can be selected during the ordering process. Deliveries to other countries are excluded.
- The maximum delivery times as well as any existing delivery restrictions can be found under a correspondingly marked link of our Internet store.
- Due to circumstances beyond the Seller's control, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer immediately. The rights of the Buyer shall remain unaffected, in particular the Buyer shall be entitled to withdraw from the contract after setting a reasonable grace period.
- If the delivery is impossible for reasons for which the Seller is not responsible, the claim for delivery shall be excluded. In case of non-performance of the service, the Seller undertakes to inform the Buyer immediately about the impediments to performance and to reimburse payments already made without delay.
- The Seller shall bear the risk of loss of or damage to the goods in transit, irrespective of any transport insurance, provided that the Buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 (2) of the GTC).
- The seller is free to choose the transport company.
7. Prices and shipping costs
- The prices stated in the respective offers include the statutory value added tax as well as other price components (total price) plus the separately stated shipping costs. For deliveries to countries outside the European Union (third countries), additional customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see the following section 8. of these Terms and Conditions).
- If the sold item is subject to differential taxation (used goods), the sales prices include the VAT to be paid by the seller according to § 25 a UStG and plus the shipping costs shown separately. In the case of differential taxation, the VAT cannot be shown.
8. Customs and import fees for deliveries to countries outside the EU
We point out that for deliveries to countries outside the European Union (third countries) further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These further customs fees or taxes are at the expense of the buyer. Seller has no control over these fees and cannot predict the amount, as customs regulations vary significantly from country to country. In case of delivery to a third country, we recommend the buyer to inquire about possible customs fees and/or local taxes at the customs office responsible for the third country.
9. Information about warranty conditions and guarantees
- Information about the warranty conditions can be found in § 4 of the GTC.
- If the Seller grants an additional voluntary warranty, the Buyer's statutory warranty rights shall not be limited thereby. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be found in the respective guarantee statement.
10 Right of withdrawal for consumers
If you conclude a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (consumer in the sense of § 13 BGB), you are generally entitled to a right of withdrawal. The details of the right of withdrawal can be found in the separate cancellation policy of the seller.
11. Essential characteristics of the goods or services
The essential characteristics of the goods or services can be found in the offers of the seller.
12. Identity and summonable address of the seller
Our identity as well as our summonable address are:
4Umerch GmbH
Preusweg 101
52074 Aachen
13. Online dispute resolution (OS platform)
The EU Commission provides an online platform for dispute resolution (ODR platform) with online merchants. The ODR platform is intended to serve for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. This ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/
14. Dispute resolution under the Consumer Dispute Resolution Act (VSBG)
We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
15.No obligation to take back old electrical and electronic equipment
We are not obliged to take back old electrical and electronic equipment.
Status of these Terms and Conditions: 27.02.2020