Conditions
General terms and conditions of business
§1 Scope
(1) The following terms and conditions apply to all orders. Terms and conditions of the other party are excluded. These General Terms and Conditions also apply to entrepreneurs for future business relationships without us having to refer to them again.
(2) These General Terms and Conditions are provided by Zhu and Radunski GbR, Traberstieg 5, 22941 Bargteheide. You can reach us via Mai at zhu.radunski.gbr@gmail.com or by phone at 015772979801.
(3) All agreements made between Zhu and Radunski GbR and the customer in connection with the purchase contract result from these sales conditions, our written order confirmation and our declaration of acceptance.
(4) The purchaser's general terms and conditions are excluded by these contractual regulations.
§2 Contractual partner, conclusion of contract
(1) The purchase contract is concluded between Zhu Radunski GbR and the customer.
§ 3 Right of withdrawal
Right of withdrawal
Consumers have the statutory right of withdrawal. The consumer generally bears the costs of the return. The right of withdrawal will be stated when the contract is concluded.
The contract can be canceled within 14 days without giving reasons. The cancellation period begins when you become aware of the cancellation instructions, but not before the day on which you or a third party named by you who is not the carrier takes possession of the goods.
To exercise your right of withdrawal, please send us a message with the subject and order number. Notification via email is sufficient (zhu.radunski.gbr@gmail.com).
Once the revocation takes effect, all recorded payments from the relationship affected by the revocation will be paid back within 14 days of receipt of the revocation. We can refuse the refund until you have provided proof that the goods have been returned. The goods must have been sent within 14 days of the cancellation. The refund will be made via the payment method used when ordering.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
The right of withdrawal expires at the latest 1 year and 14 days after conclusion of the contract, Section 356 Paragraph 3 in conjunction with Section 355 Paragraph 2 BGB.
A loss in value only needs to be compensated if it is due to use that goes beyond an examination of the nature, properties and functionality of the goods.
The return address is:
Oscar Radunski
Traberstieg 5
22941 Bargteheide
Email: zhu.radunski.gbr@gmail.com
- End of revocation-
§ 4 Patterns and samples
(1) We reserve unrestricted ownership rights and copyrights to illustrations, drawings and other documents.
(2) They may only be made accessible to third parties with our prior written consent and must be returned if the order is not placed with us.
§ 5 Prices and payment
(1) The final prices shown in the shop, which are displayed before the paid order is placed, are total gross prices. They include all applicable price components. Delivery costs may vary depending on your selection. However, they will be displayed to you before the contract is concluded and presented as a total price.
(2) In the case of cash on delivery, a fee is due which the local deliverer charges the customer for the postal service.
§ 6 Due date
(1) Unless otherwise agreed, the purchase price must be paid within 10 days of delivery. Interest on late payments will be charged in accordance with the statutory provisions of Section 288 of the German Civil Code (BGB). The assertion of a higher damage caused by default remains reserved.
§ 7 Retention rights
(1) The purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 8 Delivery
(1) Delivery only takes place within Federal Republic of Germany and the European Union.
(2) The costs of delivery will be displayed before the order is completed. Delivery costs may vary depending on your selection. However, they will be displayed to you before the contract is concluded and presented as a total price.
(3) If no agreement exists, the following applies: The delivery time is up to 4 weeks and begins with receipt of the order confirmation. If delivery is to take place on time, this must be expressly agreed and confirmed in writing. Such confirmation can also be made by email.
(4) If the customer culpably violates his obligation to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved.
§ 9 Force majeure
(1) The contractual partners acknowledge the effects of a force majeure event. Force majeure is caused by an event external to the company, brought about externally by elementary forces of nature or by the actions of third parties, which is unforeseeable according to human insight and experience and cannot be prevented or harmless by economically acceptable means, even with the utmost care that can reasonably be expected given the circumstances can be made and was not to be accepted by one of the contracting parties because of its frequency.
(2) In such a case, the parties agree to immediately negotiate the adjustment of the contractual modalities, which will allow its continuation under the given circumstances while preserving the essentialia of this contract as much as possible; otherwise there is a right of withdrawal.
(3) In the event of delivery delays due to force majeure, we are entitled, subject to paragraph 2, to extend the delivery period by the duration of the hindrance plus a reasonable start-up time. We are not responsible for the aforementioned circumstances, even if delivery deadlines have been bindingly agreed upon, even if they arise during an already existing contract.
Transfer of risk upon shipment
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer and handover to the transporter. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
§ 10 Retention of title(1) We reserve ownership of the delivered item until all claims under the purchase contract have been paid in full.
(2) The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him.
(3) As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other interventions by third parties.
§ 11 Warranty
(1) The purchaser's warranty rights, insofar as commercial law applies to him, require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). In principle, notices of defects must be reported immediately and, in the case of objectively recognizable defects, no later than five working days after receipt of the goods at the destination.
(2) We are liable for material or legal defects in accordance with the applicable legal regulations. Claims for defects expire within 24 months of delivery of our goods to the customer. Prior to returning the goods our permit is to be requested. The general terms and conditions of the respective manufacturer also apply.
(3) We must always be given the opportunity to provide subsequent performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.
(4) If subsequent fulfillment fails, the purchaser can withdraw from the contract or reduce the remuneration - without prejudice to any claims for damages.
(5) Claims by the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us are subsequently delivered to a location other than the branch of the purchaser, unless the shipment corresponds to its intended use.
(6) The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally binding claims for defects. Paragraph 5 also applies accordingly to the scope of the purchaser's right of recourse against the supplier.
§ 12 Liability
(1) Liability towards the customer for damages or reimbursement of expenses only exists in the event of intent and gross negligence, subject to Section 12 (2).
(2) Further claims for damages are excluded. Excluded from this are claims for damages by the purchaser resulting from injury to life, body, health, product liability law or violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations, liability in the event of simple negligence is limited to the foreseeable damage typical of the contract, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
§ 13 Miscellaneous
(1) This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
(3) There is no willingness to resolve a dispute.
(4) The nullity or ineffectiveness of individual provisions of this contract does not affect the validity of the remaining provisions. They do not result in the nullity or ineffectiveness of the entire contract. The ineffective or void provisions must be reinterpreted in such a way that the intended economic purpose is achieved. If a reinterpretation is not possible, the contracting parties are obliged to make an agreement that comes as close as possible to the economic purpose of the ineffective or void provision; otherwise the general legal provisions apply.