General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Martin Mönch) via the website tech-shop.net. Unless otherwise agreed, the inclusion of your own terms, if applicable, is objected to.
(2) A consumer for the purposes of the following regulations is any natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be led to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order summary again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place order with costs", "pay" / "pay now" or similar designation), you bindingly declare your acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
- Invoice ("Pay Later"): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the due date can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Installment purchase ("Financing"): Further information on installment purchase including the General Terms and Conditions and the European standard information for consumer credit for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the "Pay in 3 installments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct debit ("Pay Now")
- Credit card ("Pay Now")
- Sofortüberweisung ("Pay Now")
Further information on Klarna as well as the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, "PayPal" may make use of other payment services; if special payment terms apply here, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Shopify Payments"
When selecting a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, Stripe may make use of other payment services; if special payment terms apply here, you will be informed of these separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(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 title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or assignment of security of the reserved goods is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that arise for you from the resale; we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, 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 upon 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 at our discretion.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) Insofar as you are informed of this by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:
- for culpable damages attributable to us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.(4) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submission of the contractual declaration and the deviation was explicitly and separately agreed between the contracting parties.
(5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by way of repair or replacement. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances suggest otherwise. In the event of rectification, we shall not be obliged to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the period shall not apply:
- for damages attributable to us resulting from injury to life, body, or health and for other damages caused intentionally or by 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 in accordance with their customary manner of use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights arising from defects.
§ 6 Choice of Law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorable principle).
(2) The provisions of the UN Sales Convention are expressly excluded.
II. Customer Information
1. Identity of the seller
Martin Mönch
Erfurter Straße 6
96450 Coburg
Germany
Phone: +4995616755482
E-mail: info@tech-shop.net
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the "Conclusion of the Contract" provisions of our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before sending the order 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 required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via e-mail.
3.3. For requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. Costs incurred for money transfers (bank transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.4. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These T&Cs and customer information were created by the Händlerbund's lawyers specializing in IT law and are constantly checked for legal compliance. 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/de/leistungen/rechtssicherheit/agb-service.
