General terms and conditions for private customers (consumers)
§1 Contracting Party
On the basis of these general terms and conditions (AGB), a contract is concluded between the customer and Crescience UG (limited liability), Nordendstr. 3, 86956 Schongau, HRB 228381 - hereinafter referred to as the provider - the following contract is concluded.
§2 Subject matter of the contract
This contract regulates the sale of new electronic products via the online shop of the supplier. For the details of the respective offer, please refer to the product description on the offer page.
§3 Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the shop system. In this context, the presented offers represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the shop system:
- Selection of the offer in the desired specification (size, colour, quantity)
- Adding the offer to the shopping cart
- Press the button 'Checkout'.
- Entry of the billing and delivery address
- Selection of the payment method
- Review and processing of the order and all entries
- Press the button 'Buy now
- Confirmation mail that the order has been received
- With the sending of the order confirmation the contract is concluded.
§4 Duration of contract
The contract has a duration of one delivery, subject to termination. The total price is calculated from the following components: The price resulting from the addition of the items in the shopping cart and any shipping costs.
§5 Reservation of title
The delivered goods remain the property of the supplier until full payment has been received.
The provider reserves the right to provide a service equivalent in quality and price. The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in case of unavailability.
§7 Prices, shipping costs, return costs
All prices are final prices and include the statutory value added tax. In addition to the final prices, there are further costs depending on the mode of dispatch, which are displayed before the order is dispatched. If there is a right of revocation and this is used, the customer bears the costs of the return shipment.
§8 Terms of payment
The customer is obliged to pay or transfer the amount shown on the invoice to the account indicated on the invoice immediately after receipt of the invoice. The payment is due without deduction from the date of invoice. The customer is only in default after a reminder.
§9 Terms of delivery
The goods will be shipped immediately after confirmed receipt of payment. On average, the goods will be shipped within two days at the latest. In the case of shipping destinations in the Federal Republic of Germany, excluding islands, the entrepreneur undertakes to deliver on the fifth working day after receipt of payment. The standard delivery time is five days, unless otherwise stated in the item description. The offerer dispatches the order from his own warehouse as soon as the entire order is in stock there. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in time, the supplier has the right to withdraw from a contract with the customer. The customer will be informed immediately and received services, especially payments, will be refunded.
For shipping destinations outside the Federal Republic of Germany and on islands, the delivery time deviates by the period visible at the shipping provider, if no separate agreement is made for this.
Customs and import duties are the responsibility of the recipient in the case of foreign deliveries.
Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty is based on the regulations in the General Terms and Conditions (AGB). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between repair or new delivery if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. For the rest, the legal regulations apply.
§11 Drafting of contracts
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in the case of shipment upon delivery of the goods to the selected service provider for this purpose. The customer has no possibility to directly access the stored contract text. The customer can correct errors in the input during the ordering process. He can do this as follows: by notifying the provider immediately by electronic means, e.g. by e-mail to info[@]crescience.de .
§12 Right of withdrawal and customer service
Right of withdrawal for consumers
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of revocation,
- In case of a sales contract: at which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.
- In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: at which you or a third party designated by you, other than a carrier, took or has taken possession of the last goods.
- In the case of a contract for the delivery of goods in several partial shipments or pieces: at which you or a third party, other than a carrier and designated by you, took possession of the last partial consignment or the last item
- In the case of a contract for the regular supply of goods over a fixed period: at which you or a third party designated by you, other than a carrier, took or has taken possession of the first goods.
When several alternatives meet, the last point in time is decisive.
In order to exercise your right of withdrawal, you must inform us (Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, email@example.com) of your decision to withdraw from this agreement by means of a clear statement (e.g. a letter, fax, or email sent by post). You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us (Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, Germany) immediately and in any case no later than fourteen days from the day you inform us of the cancellation of this agreement. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
End of the cancellation policy
§13 Disclaimer of liability
Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer asserts claims for damages against them. Excluded are claims for damages of the customer because of injury to life, body, health or essential contractual obligations, which must be fulfilled to achieve the contract goal necessarily. Likewise this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
§14 Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider's consent, unless the Customer has proven a legitimate interest in the assignment or pledge.
§15 Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship will be in German. In the case of delivery within the European Union, the place of jurisdiction shall be Germany. For delivery to areas outside the European Union, the law of the country of destination shall apply. For consumers, this applies only insofar as no legal provisions of the state in which the customer has his domicile or habitual residence are restricted by this.
§16 Data protection
In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing procedures, the provisions of the Federal Data Protection Act shall be observed. The data provided by the customer in the course of the order will be processed exclusively for the purpose of establishing contact within the framework of the processing of the contract and only for the purpose for which the customer has made the data available. The data will only be passed on to the mail-order company that is responsible for the delivery of the goods as ordered. The payment data will be passed on to the credit institute commissioned with the payment. As far as storage periods of commercial or tax law nature affect the provider, the storage of some data can last up to ten years. During the visit to the provider's Internet shop, anonymised data, which do not allow any conclusions to be drawn about personal data and which are not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer's request, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Information on all personal data of the customer is possible free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
(Crescience UG (limited liability), Nordendstr. 3, 86956 Schongau, firstname.lastname@example.org)
The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.
AGB created via the Generator of the German Lawyer Hotline AG