General Terms And Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§1 Basic provisions
(1) The following terms and conditions shall apply to all contracts which you enter into with us as a provider (Hasan Lombardi, Stuttgarter Strasse 106, 70736 Fellbach, Germany) via the website www.crackerscompany.com unless an amendment is agreed in writing between the parties , Deviating or conflicting terms and conditions are only valid with our express consent.
(2) We offer our goods only for purchase, insofar as you are a natural or legal person or a legal person who is acting in the course of the legal transaction in the exercise of her commercial or independent professional activity (entrepreneur). A purchase agreement with consumers is excluded.
§2 Condition of the contract
(1) The object of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Already with the setting of the respective product on our website we submit to you a binding offer to conclude a contract on the online shop basket system at the conditions stated in the respective offer.
(3) The contract is concluded via the online shopping basket system as follows: The goods intended for purchase are placed in the "shopping basket". Use the corresponding button in the navigation bar to call up the "Shopping Cart" and make changes at any time. After entering the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use a direct debit system (eg PayPal / PayPalExpress / PayPalPlus, Amazon-Payments, Postpay, Sofortüberweisung), you will either be taken to the order overview page in our online shop or you will be sent to the website of the supplier of the Instant number system. If you are forwarded to the respective immediate number system, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page. Before you send the order, you have the option to re-check or change all information (also via the function "back" of the internet browser) or to terminate the purchase by sending the order via the appropriate button The contract.
(4) You can also submit a binding contract offer (order) by telephone, e-mail, fax or post. The acceptance of the offer (and thus the conclusion of the contract) will be made immediately by phone or by fax within 5 days by confirmation in text form (e-mail for example) confirming the execution of the order or delivery of the goods (order confirmation). If you have not received a message within this period, you are no longer bound to your order. If this is not the case, the services already rendered are immediately refunded.
(5) On request we will send you an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§3 Individually designed goods
(1) You provide us with the necessary information, texts or files for the individual design of the goods immediately after conclusion of the contract by e-mail to email@example.com. Please note the possible specifications for file formats.
(2) You agree not to transmit any data the content of which infringes third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly indemnify us from all claims of third parties asserted in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not undertake any examination of the submitted data for correctness of the content and do not accept any liability for errors.
(4) As far as indicated in the respective offer, we will send you a correction document, which you have to check immediately. If you agree to the draft, release the correction template by way of counter-writing in text form (e.g., e-mail). The design work will not be executed without your approval. You are responsible for verifying the correctness and completeness of the correction template and to notify us of any errors. We accept no liability for non-defect errors.
(5) If we create texts, pictures, graphics and designs within the framework of the individual design, they are subject to copyright. Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we shall grant you a unlimited right of use to the copyrighted works created for you. You are expressly prohibited from providing the protected works or parts thereof in any way to third parties, either privately or commercially. The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
§4 prices, terms of payment and shipping costs
(1) The prices stated in the respective offers as well as the shipping costs represent net price. They do not include the statutory VAT.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the delivery costs-free delivery is announced. Further details can be found under a correspondingly designated button on our Internet presence or in the respective offer.
(3) You have the means of payment indicated under a correspondingly designated button on our Internet presence or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are immediately due for payment. The deduction of discounts is only permissible, provided that they are explicitly stated in the respective offer or invoice.
(4) SEPA Direct Debit (Basic and / or Corporate Loyalty)
If you pay by SEPA Base Loan or by SEPA Corporate Loan, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 10-15 days after conclusion of the contract. The deadline for submission of the pre-notification is reduced to 5 days before the due date. You are obligated to ensure sufficient coverage of the account on the due date. In the case of a debit note due to your fault, you have to bear the bank charges incurred. We reserve the right to exclude the payment methods SEPA-Basislastschrift and / or SEPA-Firmenlastschrift in the individual case.
§5 Terms of delivery
(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. In the payment method Prepayment by transfer, the dispatch of the goods takes place only after receipt of the complete purchase price and the shipping costs with us.
(2) Should a product ordered by you, contrary to expectations, be available in spite of the timely completion of an adequate cover transaction for reasons beyond our control, you will immediately be notified of non-availability and, in the event of withdrawal, any payments already made will be reimbursed without delay.
(3) The shipment is at your risk. If you wish, you will be shipped with an appropriate transport insurance, whereby the resulting costs will be borne by you.
(4) Part deliveries are permissible and can be invoiced by us independently, provided that you do not incur additional costs for shipping.
(1) The warranty period is one year from delivery of the goods. The one-year warranty period does not apply to damages attributable to us from injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
(2) As a condition of the goods, only our own data and the product description of the manufacturer are considered as agreed, but not other advertising, public praises and utterances of the manufacturer.
(3) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in text form (e-mail for example). This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
(4) In the event of defects, we shall, at our discretion, make a warranty by repair or replacement delivery. If the defect clearance fails, you can demand a reduction of your choice or withdraw from the contract. The defect removal shall be deemed to have failed if the second attempt has been unsuccessful, if the nature of the defect or the other circumstances does not differ from it. In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§7 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. They are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
(4) In case of connection and mixing of the reserved goods, we shall 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 the processing (5) We undertake to release the securities to you at your request as far as The realizable value of our collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is our responsibility
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the object of the contract, as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(4) In the event of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§9 Choice of the law
German law applies to the exclusion of the UN purchase law.
II. Customer information
1. Identity of the seller
CrackersCompany, Inh. Hasan Lombardi
Stuttgarter Strasse 106ybr /> 70736 Fellbach
2. Information on the condition of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract, as well as the corrective measures, are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Prior to submitting the order or request, the contract data can be printed out or electronically secured via the print function of the browser.
4. Legal right of deficiency
The defect liability for our goods is subject to the "Warranty" regulation in the General Terms and Conditions (Part I).
These terms and conditions have been compiled by lawyers of the Händlerbund specialized in IT law and are constantly being examined for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
Last updated: 12.05.2017