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General terms and conditions of business

  1. scope of application

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

 

  1. contracting party, conclusion of contract

The purchase contract is concluded with adelmayer owner Florian Butza, Obenkatternberg 9b, 42655 Solingen

By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

 

3rd contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

 

  1. terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself.

 

  1. payment and shipping costs

Shipping costs

Shipping within Europe is free of charge.

In our shop you can choose between the following payment methods:

credit card

When you place your order, you simultaneously send us your credit card details.

After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

 

Immediately

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, you must legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. Immediately afterwards, Sofort will execute the payment transaction and debit your account.

 

Klarna

The data controller has integrated components of Klarna on this website. Klarna is an online payment service provider that allows purchase on account or flexible payment by instalments. Klarna also offers other services, such as buyer protection or identity and credit checks.

 

Amazon Pay

During the order process you will be redirected to the website of the online provider Amazon before the order process in our online shop is completed. In order to be able to complete the order process and pay the invoice amount via Amazon, you must be registered there or first register and authenticate yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the order process.

Immediately after placing your order, we will ask Amazon to initiate the payment transaction. The payment transaction will be carried out automatically by Amazon. You will receive further information during the ordering process.

 

The SEPA Direct Debit Mandate is governed by the SEPA Core Direct Debit Scheme Rulebook of the European Payments Council.

The design of the SEPA Direct Debit Mandate is not specified, only its content. The legally relevant text of the SEPA Direct Debit Mandate must be specified as follows:

 

“I (We) authorise (We authorise) [name of payee,] to collect payments from my (our) account by direct debit. At the same time, I instruct my (our) credit institution to honour the direct debits drawn by [name of the payee,] to my (our) account.

Note: I (we can) demand reimbursement of the debited amount within eight weeks, beginning with the debit date. The terms and conditions agreed with my (our) credit institution shall apply.”

In addition, the SEPA Direct Debit Mandate must contain the following information:

– Name, address and Creditor Identifier of the Creditor. The Creditor ID is issued by the Deutsche Bundesbank.

(creditor-id.bundesbank.de).

– Mandate reference

– Indication whether the mandate is given for recurrent payments or a one-off payment. (Recurring payments / one-off payment)

– name, address, account details and signature of the payer) and the date of signature.

The mandate reference assigned individually by the payee

– in conjunction with the Creditor Identifier Number unambiguously identifies the respective mandate,

– is up to 35 alphanumeric characters long and

– may be included in the mandate or subsequently disclosed to the payer.

Sample form for a SEPA Core Direct Debit Mandate

<Name and address of the association>

Creditor ID: < issued by the Bundesbank>

Mandate reference no.:

Recurring payments / or one-time payment (please write only one indication on the mandate)

SEPA Direct Debit Mandate

I/We authorize the

<name of the payee, >

Collect payments from my/our account by direct debit.

At the same time, I/we instruct my/our bank to collect the payments from

<name of the payee,>

to redeem direct debits drawn on my/our account.

Please note: I/we may request a refund of the debited amount within eight weeks, starting from the date of the debit. The terms and conditions agreed with my/our bank apply.

Account holder: <first name, surname, street number, postcode, city>,

Credit institution: <name of the payer’s bank / >

BIC: * <BIC from the payer’s bank details / >

IBAN: <IBAN from the payer’s bank details / >

<Location>, <Date> <Signature of the payer / >

*Note: As of 01.02.2014 the indication of the BIC can be omitted if the IBAN begins with DE.

 

Payment by giropay

When paying via giropay you have the possibility – during the ordering process – to enter your known BIC and IBAN and thus pay quickly and easily. In order to use giropay, you do not have to register separately. You simply use the online banking access data (PIN and TAN) from your bank or savings bank. For small amounts up to 30 EUR, more and more banks are dispensing with the TAN entry.

 

  1. retention of title

The goods remain our property until full payment has been received.

For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

 

  1. transport damage

For consumers applies:

If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

 

For entrepreneurs applies:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

 

  1. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

– in case of injury to life, body or health

– in the event of intentional or grossly negligent breach of duty and fraudulent intent

– in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

– within the framework of a guarantee promise, if agreed

– as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

  1. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

– in case of injury to life, body or health,

– in case of intentional or grossly negligent breach of duty,

– in the case of guarantee promises, if agreed, or

– as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

 

  1. settlement of disputes

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

  1. final provisions

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

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