1. Scope of Application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

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A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

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The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

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2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Ralf Wierz Onlineshop.

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By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

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3. Contract Language, Contract Text Storage

The language(s) available for the conclusion of the contract: German

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We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

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4. Delivery Conditions

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

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We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.

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We do not deliver to packing stations.

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5. Payment

In our store, the following payment methods are available to you in principle:

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• Prepayment
  If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
   

• Cash payment at pickup
  You pay the invoice amount in cash when picking up the goods.
   

• Credit card
  You enter your credit card details in the order process. Your card will be charged immediately after placing the order.
   

• 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 via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.

  • Klarna credit card
    You enter your credit card details in the order process. Your card will be charged by Klarna immediately after placing the order. An address and credit check do not take place.

  • Klarna Direct Debit
    You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been shipped.
     

• Paydirekt
  In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. we offer the payment methods paydirekt. In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, identify yourself accordingly, and confirm the payment instructions. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
  
  Paydirekt can offer additional payment modalities in the customer account to registered paydirekt customers who have been selected according to their own criteria. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with paydirekt. You will find further information on this in your paydirekt account.
   

• PayPal
  In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data, and confirm the payment instructions. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
  
  PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
   

• Sofort by Klarna
  In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly, and confirm the payment instructions. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

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6. Right of Revocation
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

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7. Reservation of Proprietary Rights
The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

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8. Transport Damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

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9 Warranty and Guarantees

9.1 Liability for defects
Unless expressly agreed otherwise, the statutory law on liability for defects shall apply.

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The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or agents

• in case of injury to life, body or health

• in case of intentional or grossly negligent breach of duty as well as fraudulent intent

• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

• within the scope of a guarantee promise, if agreed, or

• insofar as the scope of application of the Product Liability Act is opened.

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Restrictions vis-à-vis entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence shall not apply to an item that has been used for a building in accordance with its customary use and has caused its defectiveness. The sale of used goods is made under the exclusion of any warranty.

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The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

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Regulations vis-à-vis merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

 

Notice to consumers
We would like to inform you that when selling used goods to consumers, we may shorten the limitation period with regard to the warranty rights for defects to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed upon.

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9.2 Warranties and Customer Service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

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10. Liability
For claims based on damages caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation
 

• in case of injury to life, body, or health,

• in case of intentional or grossly negligent breach of duty,

• in the case of warranty promises, insofar as agreed, or

• insofar as the scope of application of the Product Liability Act is opened.
   

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

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11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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AGB created with the Trusted Shops legal text editor