Terms and Conditions
Terms and Conditions of Demir International GmbH vis-a-vis Entrepreneurs
Sec. 1 Applicability
(1) The present general terms and conditions (GTC) apply to all contracts concluded between you and us, the company Demir International GmbH. (Lanzstraße 19, 68789 St. Leon-Rot, VAT-number: DE 319554449) represented by (Click: Imprint) via this online shop, unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
(2) You will be notified of amendments of these GTC in writing, per telefax or via email. If you do not object an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC.
Sec. 2 Registration as User
(1) Your registration for our trading system will be made free of charge. A claim for an admission to our trading system does not exist. Only natural persons of full legal capacity shall be eligible. You must send us a copy of your identity card or your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company´s registry on our request. For admittance you must electronically fill out the application form on our website and send it to us. The information required for application shall be given by you complete and truthful. With your applicaiton, you choose a personal user name and a password. The user name shall not violate any third party rights or other trademark or rights to safeguard a name or public morals. You are obliged to keep the password secret and not to disclose it to third parties.
(2) Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under „My account“ at all times. You will not be obliged to buy any of the goods offered by us only due to your registration.
(3) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
Sec. 3 Data Protection
(1) All personal data given by you (Title, name, address, date of birth, email-address, telephone number, telefax number, bank details, credit card details) will only be collected, processed and stored by us pursuant to the German data protection law.
(2) Your personal data, insofar required to create, carry out or terminate the contractual relationship, shall only be used for the implementation of concluded purchasing contracts between you and us, e.g. for delivering the goods to the address indicated by you. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.
(3) We will also use usage data, i.e. data which may contain characteristics that identify your, details of the start and end as well as the scope of the respective usage and details of the telemedia used by you, for advertising, market research or for the purpose of a needs-based design of our telemedia to create user profiles by using pseudonyms. You are entitled and have the option to object to the use of your usage data under „My account“. User profiles are not combined with the corresponding data under any circumstances.
(4) If you require more information or if you want to recall or revoke the consent for the use of your inventory data expressly given by you and/or if you want to revoke the use of your usage data, our support by telephone under the number +49 (0) 6227 3985887 is at your disposal.
Sec. 4 Conclusion of Contract, Contract Language
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a seperate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).
(4) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
Sec. 5 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 4 (2) of these GTC.
Sec. 6 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by email upon acceptance of the contract offer or together with the notification thereof this. We do not store the contractual provisions for you.
Sec. 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are: . . . . . .
Sec. 8 Retention of Title
(1) The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
(2) You are entitled to resell the goods under retention of title. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
Sec. 9 Delivery Conditions
(1) We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) If we do not deliver the goods at all or not according to the contract, you have to set a grace period of 2 weeks. Otherwise you are not entitled to withdraw form the contract.
Sec. 10 Warranty in case of purchasing goods
(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.
(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.
Sec. 11 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communiction via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
Sec. 12 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CSIG).
(3) Venue of performance is St. Leon-Rot. The courts of St. Leon-Rot shall have exclusive jurisdiction for dispute, in connection with this contract.
(4) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.
Terms and Conditions of Demir International GmbH vis-a-vis Consumer
Sec. 1 Applicability, Contract Language
(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company Demir International GmbH (Lanzstraße 19, 68789 St. Leon-Rot, VAT-number: DE 319554449) via this online shop.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
Sec. 2 Applicable Law, Mandatory Consumer Protection Regulations
The Law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
Sec. 3 Conclusion of contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a seperate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).
Sec. 4 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.
Sec. 5 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
Sec. 6 Collecting, saving and processing of your personal data
(1) In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop but you may log on to your customer account with your e-mail address and your password before or during the order process.
(2) In order to process your order we need the following data:
– your first and family name
– your email address
– your postal address.
(3) To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password chosen by you.
(4) Without your further consent, we will use your personal data only in order to process your orders, e.g. for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.
(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.
(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
Sec. 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are: . . . . . .
Sec. 8 Retention of Title
The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
Sec. 9 Delivery Conditions
We deliver the goods pursuant to the agreement made. Arising shipping costs are listed in the product description and are billed separately.
Sec. 10 Right of Withdrawal
As a consumer you have in accordance with the rules descibed in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Sec. 11 Warranty in case of purchasing goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
Sec. 12 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communiction via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
Sec. 13 Final Provisions
(1) The terms and conditions stipulated herein are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.
(2) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in St. Leon-Rot.
(3) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@demir-int.de. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
Annex
Consumer information and instruction on withdrawal.
If you order goods in our online shop, we want to draw your attention to the following:
(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.
(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, we will send you an order confirmation via email or we dispatch the good. This way, a purchasing contract between you and us comes into existence.
(4) Any input errors when ordering can be seen in the confirmation before the checkout and with the delete- and change function you can correct your order at any time before sending it.
(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.
(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.
(7) The purchase price is due immediately after paying the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are . . . . .
(8) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
Our e-mail address is: info@demir-int.de. We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(9) Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.
(10) In addition we refer to our GTC.
Demir International GmbH,
Lanzstraße 19,
68789 St. Leon-Rot,
name of the legal representative, Demir Zekir.
(11) You have a right of withdrawal according to the following information:
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Demir International GmbH, Lanzstraße 19, 68789 St. Leon-Rot, Tel. +49 (0) 6227 3985887, Telefax: +49 (0) 6227 3985885, eMail: info@demir-int.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us (Demir International GmbH, Lanzstraße 19, 68789 St. Leon-Rot), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
ADDITIONAL INSTRUCTIONS
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.