General terms and conditions with customer information

Table of contents

§1 Scope

1.1These General Terms and Conditions (hereinafter "GTC") of Walter Maar, trading as "WM Onlinemarketing" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2A consumer within the meaning of these GTC 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 within the meaning of these GTC 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.

§2 Conclusion of contract

2.1The product descriptions contained on the Seller's website do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2The customer can place the order of the seller by fax, mail or mail. Telephone orders can be made in individual cases.

2.3The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
  • by delivering the service / product to the customer
  • by requesting payment from the customer after the customer's order has been placed.

 

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The seller shall not make the text of the contract accessible beyond this.

2.5Only the German language is available for the conclusion of the contract.

2.6The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

§3 Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of withdrawal can be found in the seller's cancellation policy.

§4 Prices and terms of payment

4.1Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2The payment option(s) will be communicated to the customer by the seller.

4.3If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 Usage-independent charges are payable in advance for the first contract term, unless another billing period has been agreed. Thereafter, they shall be payable in advance for a period corresponding to the first contract term, unless another billing period has been agreed. Payments by the Customer shall be made by collection by means of SEPA base direct debits. The Customer shall grant WM Onlinemarketing the mandate for the execution of SEPA core direct debits. WM Onlinemarketing undertakes to notify the Customer of the valid mandate issued in each case in the customer service area. The mandate shall also apply to new master data and bank details communicated by the customer. WM Onlinemarketing shall notify the customer in advance of the corresponding direct debit collection in due time (so-called pre-notification). This announcement shall be made by the bank at least one banking day before the due date and direct debit collection.

4. 5. Usage-based fees are due after the end of the respective billing period. Usage-dependent fees shall be based on the respective current price list, which WM Onlinemarketing shall determine at its reasonable discretion. Payments by the Customer shall be made by collection via SEPA base direct debits. The Customer shall grant WM Onlinemarketing the mandate for the execution of SEPA core direct debits. WM Onlinemarketing undertakes to display the valid mandate issued to the Customer in the customer service area. The mandate shall also apply to new master data and bank details communicated by the customer. WM Onlinemarketing shall notify the customer in advance of the corresponding direct debit collection in due time (so-called pre-notification). This announcement shall be made by the bank at least one banking day before the due date and direct debit collection.

4. 6. WM Onlinemarketing shall provide an electronic invoice for each payment transaction in the customer service area. If the customer requests that an invoice be sent by post, WM Onlinemarketing may charge a fee of € 2.50 per invoice.

4. 7. WM Onlinemarketing may change the prices at the beginning of the next contract term with a reasonable notice period of at least one month. If the Customer does not object to the change within a reasonable period of time set by WM Onlinemarketing, the change shall be deemed approved. WM Onlinemarketing shall inform the Customer in the change announcement that the change will become effective if the Customer does not object.

4. 8. The customer may only offset claims of WM Onlinemarketing with undisputed or legally established counterclaims. Excluded from this are claims for reversal after revocation of the contract in accordance with § 355 BGB.

4. 9. Until the customer has paid the due remuneration, WM Onlinemarketing is entitled to block your services within the scope of fairness.

4. 10. The customer shall be in default even without a reminder if he/she does not pay the amount due within ten calendar days of receipt of the invoice. It is decisive that this amount is received by WM Onlinemarketing in the account specified in the invoice within this period.

4. 11. If the Customer is in arrears with the payment of a monthly fee, WM Onlinemarketing may terminate the contractual relationship for good cause without notice following an unsuccessful reminder with an appropriate payment deadline. An important reason for termination without notice for WM Onlinemarketing shall also be deemed to exist in particular if insolvency proceedings are applied for or opened with respect to the assets of the Customer or if the opening of such proceedings is rejected for lack of assets.

4. 12. In the event of delayed payment, WM Onlinemarketing may demand reimbursement of the resulting damage. WM Onlinemarketing may also demand reimbursement for costs incurred due to return debit notes for which the customer is responsible.

§5 Delivery and shipping conditions

5.1The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.

5.3If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

5.6In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

§6 Retention of title

6.1With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

6.2With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

§7 Liability for defects (warranty)

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in deviation herefrom:

7.1If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • the rights and claims due to defects are generally excluded for used goods;
  • the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

 

7.2If the customer acts as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period.

7.3The limitations of liability and shortening of time limits stipulated in the above clauses shall not apply to

  • for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • for claims for damages and reimbursement of expenses of the customer, as well as
  • in the event that the seller has fraudulently concealed the defect.

 

7.4Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 445b BGB shall remain unaffected.

7.5If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

7.7 Defects shall be notified to the Seller in writing without delay so that the Seller is given the opportunity to remedy them.

§8 Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1The seller is liable for any legal reason without limitation

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a warranty promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act.

 

8.2If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3Otherwise, any liability of the seller is excluded.

8.4The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

§9 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

§10 Terms, Termination

10. 1. Unless otherwise stated in the specific offer, the contract may be terminated with 3 months' notice to the end of the first contract term. Thereafter, it shall be extended for an indefinite period and may be terminated at any time with 3 months' notice to the end of the quarter.

10. 2. If the Customer does not request the deletion of a domain upon termination, WM Onlinemarketing may return the domain to the responsible registry after the end of the contract and expiration of a reasonable period of time. WM Onlinemarketing hereby points out that in this case the Customer's obligation to pay the registry may remain.

10. 3. Alternatively, WM Onlinemarketing may have the domain deleted after a reasonable period of time.

10. 4. If WM Onlinemarketing justifiably terminates the contract due to default of payment or for good cause, WM Onlinemarketing may, after a reasonable period of time, arrange for the deletion of the domains concerned, unless the customer instructs otherwise.

§11 Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

§12 Alternative Dispute Resolution

12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.