Table of Contents
- I. Scope
- II. Conclusion of contract
- III. Right of withdrawal
- IV. Conditions of delivery
- V. Payment terms
- VI. Retention of title
- VII. Warranty
- VIII. Changes to the GTC or our services
- IX. Data protection
- X. Customer Service
- XI. Consumer Arbitration Board
- XII. Online dispute resolution
- XIII. Applicable Law and Jurisdiction
The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.
Stiftung Lutherhaus Eisenach
Phone: +49 3691 29830
Fax: +49 3691 298331
Email address: firstname.lastname@example.org
II. Conclusion of contract
(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering facility provided on our website, via contact form, by e-mail, by telephone. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.
(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:
(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the Kostenpflichtig bestellen button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering option of our website by clicking the button 'Kostenpflichtig bestellen', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.
(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.
(d) You shall be bound by the order for a period of 5 days after placing the order; your right to revoke your order, if any, shall remain unaffected.
(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).
(4) In our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.
(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep the text of the contract is not accessible to you.
(6) The contract shall be concluded in the German language.
(7) Should the delivery of a product ordered by you not be possible, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(8) If we are unable to deliver a product you have ordered, we will not accept delivery.
(9) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.
(10) You agree to an invoice transmitted electronically.
(11) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.
III. Right of withdrawal
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.
IV. Conditions of delivery
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by you.
(2) The delivery period is 5 days, unless otherwise stated in the product description or otherwise agreed with you. It begins with the conclusion of the contract.
(3) A self-collection of your ordered goods is not possible.
V. Payment termsWe offer the following methods of payment:
(1) Payment on account: We offer you a payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been provided and an invoice has been issued in this respect. Unless otherwise agreed, the agreed price is payable within of receipt of the invoice without deduction.
(2) If you request delivery to a country that is not part of the European Union, this may incur additional costs that are not our responsibility, which you will have to pay. These include, among other things, fees for the transaction of funds abroad by credit institutions such as transfer or exchange rate fees. In addition, there may be public import-related charges such as taxes or customs duties. We draw your attention to the fact that such transaction-related costs may also be incurred, irrespective of the place of delivery, if you make the payment from a country that is not part of the European Union.
VI. Retention of title
Until the purchase price has been paid in full, the delivered goods remain our property.
(1) We are liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
(2) If you are an entrepreneur, the following regulations apply to contracts for the delivery of goods:
- For new goods, the limitation period for defects is one year from the date of delivery of the goods.
- For used goods, the rights and claims due to defects are excluded.
- The choice of the type of supplementary performance is entitled to us as the seller.
- Even if a replacement delivery is made within the scope of liability for defects, the limitation period shall not begin anew.
(3) The above limitations of liability and shortening of time limits do not apply
- for claims for damages and reimbursement of expenses
- insofar as we as the seller have fraudulently concealed the defect
- for goods which have been used for a building in accordance with their customary use and have caused its defectiveness
- for any obligations to provide updates for digital products in the case of contracts for the supply of goods with digital elements.
(4) In addition to claims based on material defects or defects of title, there may be warranties given by us for certain goods or manufacturer's warranties granted by manufacturers of certain goods. Such an additional warranty exists on the goods delivered by us only if this was expressly given in the order confirmation for the respective goods. Details of the scope of such warranties are set out in the warranty conditions accompanying the relevant goods, if any.
(5) If goods are delivered to you which show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the delivery company. However, this will not affect your statutory or contractual warranty rights.
VIII. Changes to the GTC or our services
(1) We reserve the right to change our T&Cs or our services,
(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,
(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,
(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or
(d) if the changes to our T&Cs or our services are merely legally advantageous to you.
(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
IX. Data protection
X. Customer Service
For questions, complaints or claims, you can reach us by phone at +49369129830 and by email at email@example.com.
XI. Consumer Arbitration Board
XII. Online dispute resolution
The EU Commission has set up an internet platform for the online settlement of disputes (ODR platform) between entrepreneurs and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/
XIII. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.
(2) If you as a customer are a merchant, 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 is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
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