Terms and Conditions and customer information
4. Prices and payment
5. Shipping & conditions
6. Retention of title
7. Liability for defects (warranty)
9. Applicable Law
1.1 These Terms and Conditions (the "Terms") of / the ScreenFect GmbH (hereinafter "Seller") apply to all contracts that a consumer or contractor (hereinafter "Customer") with the seller in terms of the Seller in its online store goods and / or services listed concludes. This is the involvement of the customer's own terms is contradicted, unless otherwise agreed.
1.2 Within these terms is any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor its independent professional activity. The purposes of these Conditions is a natural or legal person or a legal partnership, which is concluding a legal transaction in their commercial or professional capacity.
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but intended to submit a binding offer by the customer.
2.2 The client can submit your offer via the built-in Online Store Seller's online order form. It is the customer after he has selected goods and / or services in the virtual shopping cart and go through the electronic ordering process by clicking the the ordering process final button, a legally binding contract offer in relation to the goods and / or services in your basket ,
2.3 The Seller may accept the offer within five days of the customer,
by forwarding to the customer a written confirmation of order or an order confirmation in writing (fax or email), the extent of the receipt of the order confirmation to the customer is decisive, or
by the customer the ordered goods, where the extent of the receipt of the goods by the customer is decisive, or
by the giving of whose appointment he instructs the customer to pay.
If more than one of the above alternatives, the contract will be concluded in the time in which one of the above alternatives occurs first. If the seller fails to supply the customer within the aforementioned period, shall be deemed to reject the offer, with the result that the customer is no longer bound by his declaration of intention.
2.4 The period for acceptance of the Offer begins the day after the dispatch of the offer by the customer to run and ends at the end of the fifth day following that in which the dispatch of the offer.
2.5 In case of an offer made via the online order form from the seller of the contract will be filed by the seller and the customer after submitting his order, together with these Terms and Conditions in writing (eg. As e-mail, fax or letter) sent. In addition, the text of the treaty on the seller's website is archived and can be downloaded free of charge from the customer of the password protected customer, specifying the login information, if the customer has not created an account in the online shop of the seller before submitting his order.
2.6 Before submitting the order via the online order of the seller, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory submission of the order will be displayed once again in a confirmation window and can be corrected using the standard keyboard and mouse functions.
2.7 For the contract is exclusively for the German language.
2.8 The order processing and contact can usually via e-mail and automated order processing. The customer must ensure that his or her designated to process the order e-mail address is correct so that at this address from the seller sent e-mails can be received. In particular, the Customer shall ensure in the use of spam filters to ensure that all of this by the seller or responsible for order processing third party e-mails can be sent.
3.1 consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal resulting from the revocation of the seller.
4) Prices and payment
4.1 Unless the product description of the seller requires otherwise, is at the stated prices are total prices include VAT. Optionally additional delivery and shipping costs are displayed separately in the product description.
4.2 For deliveries to countries outside the European Union may incur other costs in a particular case that the seller is not responsible for and shall be borne by the customer. These include costs for the transfer of funds through banks (eg bank transfer fees, exchange fees) or legal import duties or taxes (eg customs duties). Such costs may also be incurred even if delivery is not made outside the European Union in a country, but the customer makes payment from a country outside the European Union with respect to the money transfer.
4.3 The customer has several payment options available that are specified in the online shop of the seller.
4.4 If prepayment agreed, payment is due immediately after the conclusion of the contract.
4.5 If you choose the payment method "PayPal" payment processing via the payment service provider PayPal (Europe) S.à rl takes place et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Shipping conditions
5.1 The delivery of goods occurs during shipment to the shipping address provided by the buyer unless otherwise agreed.
5.2 Sends the transport company sent the goods to the seller back as a delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer effectively exercises his right of withdrawal, if he has not responsible for the circumstances that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller it the performance had announced a reasonable time before.
5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold to the customer as soon as the seller of the matter to the forwarder, carrier or otherwise to execute the dispatch person or institution. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold in principle only upon delivery of the goods to the Customer or a person authorized to receive passes. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also in consumers already on the customer as soon as the seller of the matter to the forwarder, carrier or otherwise to execute the dispatch person or institution if the customer has the shipper, the carrier or otherwise charged to execute the dispatch person or institution with the execution and the seller to the customer that person or entity not named before.
5.4 The Seller reserves the right to cancel the contract in case of incorrect or improper delivery. This applies only to the case of non-delivery is not attributable to the Seller and this has been completed with due diligence a concrete hedging transaction with the supplier. The Seller will make reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be notified immediately and refund the return without delay.
5.5 Pickup is not possible because of technical reasons.
6) Retention of title
6.1 With regard to consumers reserves the seller until full payment of the purchase price owed the title to the delivered goods.
6.2 Toward entrepreneurs reserves the seller until full settlement of all claims from an ongoing business relationship the ownership of the goods supplied.
6.3 If the customer is an entrepreneur, he is entitled to sell the goods in the ordinary course of business. All resulting claims against third parties, the customer at the applicable invoice value from (including VAT) in advance to the seller. This assignment shall apply regardless of whether the reserved goods are resold without or after processing. The customer shall continue after the assignment to collect receivables. The seller's right to collect the claims itself remains unaffected. The seller will not collect the claims as long as the customer towards the seller fulfills his payment obligations, is not in default of payment and no petition is filed for the commencement of insolvency proceedings.
If the merchandise is faulty, the provisions of the statutory warranty apply. By way of derogation applies:
7.1 For Entrepreneurs
establishes a minor defect in principle no claims;
the seller has the choice of the type of remedy;
is for new goods, the limitation period for defects for one year from the transfer of risk;
are generally excluded for used goods the rights and claims for defects;
the statute of limitations does not begin again when under the warranty a replacement delivery.
7.2 For consumers the statute of limitations for used goods is one year from date of delivery to the customer, with the proviso of the following paragraph.
7.3 The regulated above limitations and statute of limitations limits does not apply
for things that have not been used in accordance with its usual purpose for a building and caused it to be defective,
for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
for other damages based on an intentional or grossly negligent breach of duty of the seller or an intentional or grossly negligent breach of duty by a legal representative or agent of the user, and
in the event that the seller has fraudulently concealed the defect.
7.4 In addition, for entrepreneurs, that the statute of limitations for the right of recourse according to § 478 BGB. The same applies to professionals and consumers in willful misconduct and fraudulent concealment of a defect.
7.5 If the customer is a merchant i.S.d. § 1 HGB, commercial inspection and complaint meets him in accordance with § 377 HGB. If the customer fails the regulated therein notification requirements, the goods shall be deemed approved.
7.6 If the customer is a consumer, he is asked to claim the delivered goods with obvious shipping damage to the deliverer and to inform the Seller thereof. If the Customer does not comply, this has no effect on its legal or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tort claims for damages and expenses as follows:
8.1 The Seller shall be liable for any legal reason unrestricted
in cases of intent or gross negligence,
for intentional or negligent injury to life, limb or health,
due to a warranty promise, to the extent otherwise provided in this regard,
because of mandatory liability, such as under the Product Liability Act.
8.2 Should the supplier negligently an essential contractual obligation, liability to contract-typical, foreseeable damage, except in accordance with the above clause is stuck indefinitely. Material contractual obligations are obligations imposed by the contract the seller to its content for purpose of the contract, the fulfillment of which makes the proper execution of the contract and on which the customer can rely.
8.3 In addition, the liability of the seller is excluded.
8.4 The above liability regulations also apply in respect of the Seller's liability for its agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships of the parties excluding the laws on the international sale of goods. For consumers, this choice of law only insofar as the protection provided is revoked by mandatory provisions of the law of the State in which the consumer has his habitual residence shall apply.
If the customer is a trader, a legal entity under public law or public law special funds established in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract the business of the seller. If the customer is established outside the territory of the Federal Republic of Germany, it is the business of the seller sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract the professional or commercial activity of the customer can be attributed. The seller is entitled, however, in the above cases, in each case, to call the place of business of the customer.