General Terms and Conditions
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General Terms and Conditions for End Consumers
TECHNO-Gewebe Vajen GmbH
Neue Strasse 1
D-27404 Elsdorf
Telefax: +49 4286 720
Email: info@techno-gewebe.de
VAT-No.: DE314476810
CEO: Dieter Vajen and Colin Vajen
§ 1 Scope of application
- These General Terms and Conditions (GTC) apply to all deliveries and services and/or goods to consumers ordered via our online shop “www.glasgewebeband.eu” Unless otherwise agreed, the inclusion of the consumer's own terms and conditions is contradicted.
- A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity (§ 13 of the German Civil Code (BGB)).
- The contracts are concluded exclusively in the German language.
- These general terms and conditions are available in English and German versions. In the event of any discrepancies between these general terms and conditions in the English and/or German languages, the German text shall prevail.
- The offers in our online shop are not binding. Only with your order do you make a binding offer to us to conclude a sales contract.
- In order to place a binding order, you must first register as a customer in our online shop and set up a customer account. After setting up a customer account, a binding offer is made if you click on the "Complete order" button in the shopping basket after completing the order process. Your offer refers only to the goods listed in the shopping cart.
- Immediately after receipt of your order we will send you an order confirmation by e-mail. At the same time we will accept your offer. The purchase contract will thus be concluded.
- We are entitled to refuse acceptance of your order in whole or in part. The purchase contract is only concluded for the goods listed in the order confirmation. No sales contract is concluded for goods from one and the same order which are not listed in the order confirmation.
- The contractual partner is TECHNO-Gewebe Vajen GmbH, Neue Strasse 1, D-27404 Elsdorf, Commercial Register: Local Court Tostedt, HRB 206420.
- We do not offer goods and services for purchase by minors.
- All goods are only sold in normal household quantities. This applies both to the number of goods ordered within one purchase order and to the placing of several purchase orders for the same goods, for which the individual purchase orders include a normal household quantity.
In the case of a revocation you have to bear the regular costs of the return.
§ 4 Prices and shipping costs
- The prices stated in the online catalogue are final prices. They contain the legal value added tax and other price components.
- The stated final prices are catalogue prices which only apply to orders placed via our mail order business.
- Not included in the final price are the delivery and shipping costs, which will be charged additionally. We expressly inform you about the amount of the delivery and shipping costs on our product and order pages. You will find a price overview under Delivery and shipping costs.
- Deliveries to countries outside the European Union (EU) may incur additional costs, such as duties and taxes. You will find an overview under Delivery and shipping costs.
- The currency used on www.glasgewebeband.eu is EURO (€).
- The purchase price is due immediately after conclusion of the contract.
- The payment is made in advance and can be made by bank transfer, direct debit, credit card or PayPal. The method of payment can be selected by you during the order process under the heading "Method of payment". If necessary, we reserve the right to inform you of a different method of payment.
- Bank transfer: If you pay by "bank transfer", you will be given our bank details on the order form after you have selected the method of payment and in the order confirmation which will be sent to you by e-mail after your order has been placed.
- Direct debit: If you have chosen "direct debit" as the method of payment, you authorise us to collect the payment amount from your bank account. To do this, you provide us with the account details of the account from which the amounts are to be debited when you register. If the direct debit cannot be executed due to a lack of sufficient account coverage or due to incorrect bank details, the customer shall, insofar as he is responsible for this, bear the fees arising from the reversal by the bank. If you choose to pay by direct debit, you are protected by secupay AG's buyer protection. If you pay for your order by direct debit, secupay AG will protect you for up to 6 weeks in the event of a justified objection or in the event of non-delivery or incorrect delivery. Should we as an online shop refuse repayment or not be in a position to provide it, you will receive your money back from secupay AG.
- Credit card: If you have chosen the payment method "credit card", the credit card account will be charged with the completion of the order. If you choose to pay by credit card, you are protected by secupay AG's buyer protection. If you pay for your order by direct debit, secupay AG will protect you for up to 6 weeks in the event of a justified objection or in the event of non-delivery or incorrect delivery. Should we as an online shop refuse repayment or not be in a position to provide it, you will receive your money back from secupay AG.
- PayPal: Payment via "PayPal" requires that you have a PayPal account.
After you have specified PayPal as the payment method in the order form, you will be automatically forwarded to PayPal via our system and can make the payment.
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- Goods will be dispatched after receipt of payment within the delivery periods indicated in the on-line shop.
- You shall only be entitled to a right of compensation if your counterclaims have been legally established or are undisputed or have been recognised by us.
- You shall only be entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
- Unless otherwise agreed, delivery shall be ex warehouse of TECHNO-Gewebe Vajen GmbH.
- The delivery takes place to the delivery address indicated by you with your order.
- The delivery takes place within the delivery times indicated by us on the product pages.
- Deliveries are made exclusively to the Federal Republic of Germany (except islands), Austria, Belgium, Denmark, the Netherlands, Hungary, Slovenia, Slovakia, the Czech Republic, Poland and Switzerland.
The goods remain our property until full payment has been received.
§ 8 Warranty
- We shall be liable for defects in the purchased item in accordance with the applicable statutory provisions.
- Should the goods delivered show any material or manufacturing defects, including transport damage, we kindly ask you to notify us of these defects immediately. Failure to lodge a complaint shall not, however, have any consequences for your legal or contractual rights.
- We store the entire text of the contract on our internal systems.
- Your order data and our general terms and conditions will be sent to you after the order by e-mail. You can view our general terms and conditions at any time on our website under "AGB", Link: http://www.glasgewebeband.eu/AGBs.html#endverbraucher, see.
- If you have set up a customer account, you can view your order(s) at any time via your customer login.
§ 10 Applicable law
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 (CISG). The mandatory consumer protection provisions applicable according to the law of the country in which you as the customer have your habitual residence remain unaffected by this choice of law.
§ 11 Online dispute resolution platform
The European Online Dispute Resolution platform ("OS platform") can be accessed via the Your Europe portal http://europa.eu/youreurope/citizens/index_en.htm after it has been made available by the EU Commission.
General Terms and Conditions for Commercial Customers
TECHNO-Gewebe Vajen GmbH
Neue Strasse 1
D-27404 Elsdorf
Telefax: +49 4286 720
Email: info@techno-gewebe.de
VAT-No.: DE314476810
CEO: Dieter Vajen and Colin Vajen
- Contractors within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity (§ 14 BGB). The ordering party within the meaning of these terms and conditions is the contractor.
- Our services and deliveries are made on the basis of the following terms and conditions of sale and delivery. They shall also apply to future deliveries and services within the framework of ongoing business relations, even if they are not expressly agreed again. Upon receipt of the goods or services, our terms and conditions shall be deemed accepted. Insofar as the purchaser's terms and conditions of purchase conflict with our terms and conditions in whole or in part, they shall be expressly rejected. Deviations from our terms and conditions are only effective if we declare them in writing. This shall apply in particular if the customer provides subsequent confirmations with conflicting terms and conditions. The written form according to this document also contains the electronic form according to §126 BGB.
- These general terms and conditions are available in English and German versions. In the event of any discrepancies between these general terms and conditions in the English and/or German languages, the German text shall prevail.
- Our offers are subject to change without notice. Technical changes as well as changes in form, colour and/or weight are reserved within reasonable limits. Documents belonging to the offer, such as illustrations, drawings, etc., shall only be regarded as accurate to size or weight if this has been expressly confirmed. We reserve ownership rights and copyrights to these documents. They may not be made accessible to third parties without our consent. If the order is not placed with us, all documents shall be returned to us immediately without being requested to do so.
- With the order of a product the customer declares bindingly to want to acquire the ordered product. We are entitled to accept the contractual offer contained in the order within two days of receipt by us. Acceptance may be declared either in writing or by delivery of the goods to the customer.
- If the goods are ordered electronically or by telephone, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance. For the correctness of the supply due to telephone order we do not take over guarantee.
- The conclusion of the contract is subject to the correct and timely delivery by our suppliers to us. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier. The customer will be informed about the unavailability of the service. The consideration will be refunded.
- The rights of the buyer are not transferable without our consent.
- The written form applies to all agreements. This also applies to ancillary agreements and assurances as well as to subsequent changes to the contract.
- The delivered goods remain our property until full payment of all our existing claims from the business relationship with the customer. However, the customer may sell or further process the goods within the framework of proper business operations. Any pledging or transfer by way of security of these goods in favour of third parties is excluded without our consent. In the event of seizure of these goods by third parties, the customer must notify us immediately. In the event of processing and subsequent sale, the following supplement shall apply:
- The customer's authority to process and sell goods subject to retention of title in the ordinary course of business shall end upon suspension of payment or if insolvency proceedings are opened against the customer's assets. In any case, the customer is obliged to surrender the unprocessed reserved goods at our first request. We shall credit the customer with the proceeds from the return of the unprocessed goods subject to retention of title which he achieves in the best possible way (§ 254 BGB). A revocation or a demand for the return of the unprocessed reserved goods by us does not constitute a withdrawal from the purchase contract.
- Pledging or transfer by way of security of the reserved goods or the assigned claims is not permitted.
- By processing the reserved goods, the purchaser does not acquire ownership of the new item in accordance with § 950 BGB. The processing shall be carried out by the customer on our behalf without any liabilities arising for us from this. If the reserved goods are processed, we shall acquire co-ownership of the new item in the amount of the invoice value of the reserved goods that have been processed into the new item.
- The customer hereby assigns to us the claim arising from the resale of the reserved goods, including to the extent that the goods have been processed. The assignment shall be limited to the amount of the invoice value of the reserved goods that have been processed into the new item.
- We will not collect the assigned claims as long as the customer meets his payment obligations. However, the customer is obliged to give us the third-party debtors upon request and to notify them of the assignment. He is entitled to collect the claims himself as long as he meets his payment obligations and we do not give him any other instructions.
- The retention of title shall also remain in force if individual claims are included by us in a current account and the balance is drawn and acknowledged, unless the balance is balanced.
- We undertake to release the securities to which we are entitled in accordance with the above provisions at our discretion to the extent that their value exceeds the claims to be secured by 10%, taking into account the value added by the customer.
- We shall be notified immediately of any attachments, stating the attachment creditor.
- As soon as he has ceased payment, and immediately after notification of the cessation of payment, the customer shall be obliged to send us a list of the remaining goods subject to retention of title, even if they have been processed, and a list of the claims to the third-party debtors together with invoice credits. Should we enter into contingent liabilities in the interest of the customer (payment by cheque or bill of exchange), the extended and extended retention of title shall remain in force until we are completely released from these liabilities.
- All our listed prices are net prices in Euro plus postage and packing. In the event of immediate delivery of the goods, the price list valid on the day of delivery shall be decisive, otherwise the price stated in the order confirmation. Should there be a period of more than four months between the conclusion of the contract and delivery, any material and wage increases occurring after this period entitle us to change the price appropriately and in accordance with our calculation.
- Unless expressly agreed otherwise, our prices shall apply to dimensional mattresses in straight, flat form. Special shapes, preformed, shaped or box mattresses are available at extra cost. All dimensions and drawings given to us by our customers are exterior views of finished mattresses (surface finish), unless expressly stated otherwise.
- Our invoices are due immediately from the invoice date. All invoices shall be payable at the time offered in the invoice or agreed with us. If no special provision or agreement has been made, payment must be made within the period stated on the invoice without deduction.
- Our invoices shall be deemed approved unless a complaint is lodged within one week of receipt. This shall not apply if the reason for the complaint is not apparent to the customer within the period of one week, even after careful examination. In this case, the complaint must be made immediately after the reason for the complaint has become apparent.
- Bills of exchange are not accepted by us as means of payment. Cheques shall only be accepted by us on account of payment.
- If the deadline is exceeded, payment is delayed without the need for a reminder. In the event of default, the contractor shall pay interest on the debt at a rate of 8% above the base interest rate during the period of default. Otherwise, we reserve the right to prove and assert a higher damage caused by default.
- The customer shall only be entitled to offset, reduce or assert rights of retention if the underlying counterclaims or notices of defects are based on earlier business relationships or the current contractual relationship, if these have been legally established or are undisputed.
- If partial payments have been agreed between the seller and the customer and if the customer is a contractor, the entire remaining debt shall become due if the customer is in arrears with at least two consecutive partial payments in whole or in part and at least 10% of the partial payment price. The entire remaining debt shall also become due if the customer generally ceases payments or if insolvency proceedings have been instituted against his assets. Instead of demanding the remaining debt, the seller can - without prejudice to his other rights - set the customer in writing a grace period of two weeks for payment of the amount in arrears, with the declaration that in the event of non-payment within this period he will refuse performance of the contract by the customer. After the unsuccessful expiry of the grace period, the seller is entitled to withdraw from the contract by written declaration or to claim damages for non-performance; the claim for performance is excluded.
- The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are reported ready for collection or dispatch or, in the case of sale by delivery to destination, when the goods are delivered to the forwarding agent, the carrier or any other person or institution designated to carry out the dispatch.
- It shall be equivalent to the transfer if the customer is in default of acceptance.
- Upon acceptance of the goods by the railway, post, forwarding agents or other transport companies, the perfect condition of the packaging is confirmed upon dispatch, provided that no complaints are made by the respective carrier. With this acceptance, we shall be released from any liability due to improper packaging or loading for losses or damage incurred on the way, unless intent or gross negligence on our part can be proven.
- The buyer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, inform the seller immediately in writing, but at the latest within one week of receipt of the delivery. If the buyer fails to notify us, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. Defects which cannot be discovered within this period of one week, even after careful inspection, must be reported to us in writing immediately after discovery. If we are not notified of a defect in good time, the goods shall be deemed to have been approved. The timely dispatch of the notification shall suffice to preserve the rights of the purchaser.
- For defects in the goods, we initially provide warranty at our discretion by repair or replacement delivery. A subsequent improvement does not extend the warranty period.
- If the subsequent performance fails, the customer may, at his discretion, demand a reduction in payment (abatement) or rescission of the contract (rescission). In the event of a minor breach of contract, in particular in the event of minor defects, the customer shall not, however, be entitled to withdraw from the contract. 3.1 If the customer chooses to withdraw from the contract due to a legal or material defect after failed subsequent performance, he shall not be entitled to any additional claim for damages due to the defect. 3.2 If the customer chooses damages after failed subsequent performance, the goods shall remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have maliciously caused the breach of contract.
- The period of limitation for warranty claims shall be one year from transfer of risk. For used goods, the period of limitation shall be one year from delivery of the goods. This shall not apply if the customer has not notified us of the defect in good time (Clause 1 of this provision).
- Public statements, recommendations or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.
- If the customer receives faulty assembly instructions, we shall only be obliged to supply faultless assembly instructions and this only if the fault in the assembly instructions prevents proper assembly.
- The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected by this.
- In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to contractors for slightly negligent breach of insignificant contractual obligations.
- The above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
- The reduction in value of the object of purchase, loss of use and loss of profit shall not be replaced.
- Claims for damages by the customer due to a defect shall become statute-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent.
- Delivery dates or delivery periods which can be agreed as binding or non-binding must be stated in writing. Delivery periods shall commence upon conclusion of the contract. If changes to the contract are subsequently agreed, a new delivery date or delivery period shall be agreed at the same time if necessary.
- Six weeks after a non-binding or binding delivery date or a non-binding or binding delivery period has been exceeded, the customer may request the seller in writing to deliver within a reasonable period of time. In this respect, the customer is entitled to the statutory rights in the event of default on the part of the seller. Insofar as we are responsible for non-compliance with bindingly agreed deadlines and dates and we are in default, the customer shall be entitled to rescind the contract if he grants us a reasonable grace period with the express declaration that he will refuse acceptance of the delivery/service after expiry of this period and that we will not comply with the grace period. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract belongs to the operation of his commercial business, he shall only be entitled to claim damages in the event of intent or gross negligence on the part of the seller. In the event that we are responsible for non-compliance with bindingly agreed deadlines and dates and we are in default, the customer shall be entitled to assert a claim for damages caused by default, provided that he has suffered such damages as a matter of principle. However, the damages to be paid shall not exceed 5% of the invoice value of the deliveries and services with which we are in default. Any further claims are excluded.
- If it becomes impossible by accident for the seller to deliver while he is in default, he shall not be liable if the damage would have occurred even if the delivery had been made on time.
- Force majeure or operational disruptions occurring at the seller or its suppliers, e.g. due to riot, strike, lockout, which temporarily prevent the seller, through no fault of its own, from delivering the object of purchase on the agreed date or within the agreed period, shall change the delivery date by the duration of the disruptions to performance caused by these circumstances.
- Information contained in descriptions of the scope of delivery, appearance, performance, dimensions and weights, consumption of operating materials, operating costs, etc. of the object of purchase, which are valid at the time of conclusion of the contract, form part of the contract; they are to be regarded as approximate and do not constitute warranted characteristics, but serve as a yardstick for determining whether the object of purchase is free of defects, unless an assurance has been given.
- The manufacturer/importer reserves the right to make design or shape changes, deviations in colour shade and changes to the scope of delivery during the delivery period, provided that the object of purchase is not substantially changed, and the changes are reasonable for the customer. If the seller or the manufacturer/importer uses signs or numbers to designate the order or the object of purchase ordered, no rights can be derived from this alone.
- The customer has the right to inspect the object of purchase at the agreed place of acceptance within eight days of receipt of the notice of readiness and the obligation to accept the object of purchase within this period, unless another period has been agreed in writing. If the customer does not comply with this obligation, the seller is entitled to demand a customary and reasonable storage fee.
- If the customer remains in arrears with the acceptance of the object of purchase for more than fourteen days after receipt of the notification of readiness for delivery with intent or gross negligence, the seller may set the customer a period of grace of fourteen days in writing with the declaration that he will refuse acceptance after expiry of this period. After unsuccessful expiry of the grace period, the seller is entitled to withdraw from the purchase contract by written declaration or to claim damages for non-performance. It is not necessary to set a grace period if the customer seriously and finally refuses acceptance or is obviously unable to pay the purchase price within this period.
- If the seller claims damages, this shall amount to 20 % of the agreed purchase price. Irrespective of this, the seller may claim higher damages if he proves this.
The following rules apply when determining the mass and quantity of mattresses:
- The smallest calculation unit agreed is 0.15 m² per 1 piece of mattress; for multi-segment mattresses, the smallest calculation unit is 0.25 m² per 1 piece of mattress.
- Mattresses thinner than 30 mm shall be calculated with a minimum thickness of 30 mm.
- To determine the surface, the longest length multiplied by the widest width is calculated. Cut-outs, flattenings etc. are calculated and not deducted. Circles are calculated as squares.
- The determination takes place with two decimal places with commercial rounding. Standard mattresses are mattresses of at least 20 identical mattresses per position, in flat, rectangular form, without cut-outs. Mattresses with more than 2 cut-outs, finishes, flattenings, roundings etc. are calculated like box mattresses.
In the following the term "contractor" corresponds to that of § 631 BGB.
- Insofar as the previous provisions of the General Terms and Conditions may apply to a contract for work and services, these shall apply mutatis mutandis.
- The provisions of sales law shall apply to the delivery of movable goods to be manufactured or produced. For the manufacture of non-representable goods, the provisions of the contract for work and services concerning cooperation, acceptance and right of termination shall apply in addition to the provisions of the law on sales.
- Should a work be defective, the manufacturer shall exercise the right to choose between the types of subsequent performance. Subsequent performance shall be dependent on the buyer providing a proportionate advance performance in the amount of the value of the defective performance.
- Non-obvious defects must be reported to the contractor within one year of acceptance. For obvious defects this period shall be 4 weeks after acceptance. Obvious defects are those which become apparent in such a way that they are conspicuous even to non-commercial customers without special attention.
- The limitation period for asserting claims due to defects in the goods is one year. Withdrawal due to non-contractual performance is excluded if the performance claim itself has become statute-barred and the contractor invokes this.
If items are manufactured in accordance with the customer's specifications, the customer shall guarantee that the manufacture of such an item does not infringe any intellectual property rights of third parties. The customer shall be liable to us for all damages arising from the assertion of intellectual property rights.
§ 13 Online dispute settlement platform
The European Online Dispute Settlement Platform ("OS Platform") is accessible via the Your Europe portal http://europa.eu/youreurope/citizens/index_en.htm after it has been made available by the EU Commission.
§ 14 Final provisions
- The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
