Terms and Conditions
1. Scope of application
For all orders via our online store 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 can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The sales contract is concluded with adelmayer Inh. Florian Butza, Obenkatternberg 9b, 42655 Solingen and the customer, if a confirmation on our part by means of an order confirmation comes about.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially 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 tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button and an order confirmation follows from our system. If you do not receive a confirmation, no purchase contract is concluded and there is no legal claim.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. Delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.
5. Payment and shipping costs
Shipping within Europe is free of charge.
In our store you can basically use the following payment methods:
With the submission of the order you transmit your credit card data to us at the same time.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
In 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 register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
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, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
The controller has integrated components of Klarna on this website. Klarna is an online payment service provider that enables purchase on account or flexible installment payment. Furthermore, Klarna offers additional services, such as buyer protection or an identity and credit check.
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize 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 back to our online store, where you can complete the ordering process.
Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.
If you choose a payment method offered via the payment service provider “Stripe”, the payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on your information provided during the ordering process together with information about your order (name, address, account number, bank routing number, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b DSGVO. Your data will only be passed on for the purpose of processing payments with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information on the data protection of “Stripe” at the following Internet address: https://stripe.com/de/privacy#translation.
SEPA Direct Debit
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 stated as follows:
“I authorize (We authorize) [name of payee,] to collect payments from my (our) account by direct debit. At the same time, I (we) instruct my (our) credit institution to honor the direct debits drawn on my (our) account by [name of payee,].
Note: I (we) may request reimbursement of the debited amount within eight weeks, beginning with the debit date. The conditions agreed with my (our) credit institution shall apply.”
In addition, the following information must be included on the SEPA Direct Debit Mandate:
Name, address and Creditor Identifier of the payee. The creditor ID is assigned by the Deutsche Bundesbank.
Indication of whether the mandate is given for recurring payments or a one-off payment. (Recurring payments / one-time 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 uniquely identifies the respective mandate,
is up to 35 alphanumeric digits long and
may be included in the mandate or subsequently provided to the debtor.
Sample form for a SEPA core direct debit mandate
<name and address of the association>
Creditor ID: <will be 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, >
to collect payments from my/our account by direct debit.
At the same time, I/we instruct my/our credit institution to debit the amount debited 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 conditions agreed with my/our credit institution apply.
Account holder: <first name, last name, street number, postal code, city>,
Credit institution: <name of the bank of the payer/>.
BIC: * <BIC from the bank details of the payer / >.
IBAN: <IBAN from the bank details of the debtor / >
<place>, <date> <payer’s signature / >
*Note: As of 01.02.2014, the BIC may be omitted if the IBAN starts with DE.
Payment by giropay
When paying by giropay you have the possibility – still during the order process – to enter your known BIC and IBAN and thus pay quickly and easily. To use giropay, you do not need to register. 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 credit institutions are waiving the TAN entry.
6. Reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We retain title to the goods until full payment of all claims arising from an ongoing business relationship. 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 authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7. Transport damages
Applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please 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, they help us to be able to assert our own claims against the carrier or the transport insurance.
Applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless otherwise expressly agreed 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 defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
With respect to entrepreneurs, only our own specifications 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 not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed upon
insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
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 warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite 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 to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
To participate in a dispute resolution proceedings
11. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning 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 you and us shall be our place of business.
(1) The organizer organizes a lottery. For this purpose he has provided one or more
prizes and will distribute them to the winner(s) in accordance with the following conditions.
(2) Participation does not require the purchase of goods or services.
§ 3 Participation
(1) The participant takes part in the competition by fulfilling the conditions of participation. This is in particular the proper completion of the participation form. There may also be other conditions that can be found in the publication of the competition (such as the fulfillment of certain tasks).
(2) Participation in the competition is free of charge. Participation does not require the use of any services for which a fee is charged.
(3) Participation is always limited to a specific natural person; legal entities cannot participate. Multiple participation, for example under a pseudonym or other e-mail addresses, is excluded and will lead to exclusion from the competition.
(4) The requirements for participation must be fulfilled during the duration of the competition and must be transmitted to the organizer by the means offered. Participation by other means than the one offered for participation (e.g. other e-mail address of the organizer) is excluded and will not be considered. Applications for participation submitted before or after this date will not be considered.
(5) Participation by minors with limited legal capacity is only possible from the age of 14 and only with the consent of their legal representatives.
13. Free gift from a certain purchase value.
(1) The participant takes part in the promotion by fulfilling the conditions of participation. There may also be other conditions, which can be found in the publication of the promotion (such as fulfillment of certain tasks or entitlement to free items).
(2) Participant is always only a specific natural person, legal entities can not participate. Multiple participation, for example under a pseudonym or other e-mail addresses, is excluded and will result in exclusion from the promotion.
(3) The requirements for participation must be fulfilled during the duration of the promotion and must be transmitted to the organizer via the offered channel. Participation by other means than the one offered for participation (e.g. other e-mail address of the organizer) is excluded and will not be considered. Participation applications submitted before or afterwards will not be considered.
There is no legal claim for more quantities than described in the promotion in case of a system error.
AGB created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
Alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.