Standard Business Terms, Conditions and Customer Information
I.General terms and conditions
§ 1 Basic provisions
(1)The following business terms are applicable to all the contracts, which you conclude with us as a supplier (ORES DISPLAY EUROPE GmbH ) on the web site www.oresdisplay.de . Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term “entrepreneur refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
The subject of the contract is the sale of goods.
The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.B. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be led to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding takes place to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Your inquiries about the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§3 Right of retention, Retention of ownership
(1) You can only exercise a right of retention as far as claims arising from the same contractual relationship are involved.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you assign us all claims in the amount of the invoice amount you accrue from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
(1) The statutory warranty rights apply.
(2) The customer is responsible for the immediate inspection of the picked up or delivered goods. As a consumer, you are requested to check the item for completeness and obvious defects. If a defect becomes apparent during the examination or later, we must be notified of this immediately. The customer’s rights of defects require that he has complied with his inspection and notification obligations. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt unless something else results from the nature of the item or defect or other circumstances. In case of rectification of defects, we shall not be obliged to bear the increased costs arising from the shipment of the goods to a location other than the place of performance unless the transfer is in accordance with the intended use of the goods.
c) The warranty period is two years from delivery of the goods. The shortening of the period shall not apply:
-for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or through gross negligence;
-insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building under their normal use and have caused its defectiveness.
§5 Choice of law, place of performance, place of jurisdiction
(1)German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
Identity of the seller
ORES DISPLAY EUROPE GmbH
Am Blaufuss 8
Telephone: +49 (0)28147366160
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out under the provisions “Conclusion of the contract” of our general terms and conditions (Part I.).
Contractual languages, saving the text of the contract
3.1. The contract language is German
3.2. The complete text of the contract is not saved with us. Before the order is sent via the online – shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive the order, the order data, the legally-mandated details related to distance selling contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. If you request a quotation outside of the online shopping cart system, you will receive all contract data as part of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.
Essential characteristics of the product or service
The essential characteristics of the goods and /or services can be found in the respective offer.
Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
Statutory liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions(Part I).
These terms and conditions and customer information were created by the lawyers of the who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service
Last update: 01.01.2019