General Terms and Conditions of our online shop and the information obligations under the Distance Selling Act
General Terms and Conditions
§1 Scope of application
1. The following General Terms and Conditions of A. W. Dienemann GmbH & Co. KG apply to all contracts between consumers or entrepreneurs (hereinafter referred to as "customer") with the seller regarding the goods and / or services presented in the online shop, unless these are amended by written agreements between the parties (exclusivity). We do not recognise any deviating or conflicting terms and conditions unless we have expressly agreed to them. The inclusion of the customer's own terms and conditions is hereby expressly rejected in advance.
2for the purposes of these General Terms and Conditions, a consumer (cf. § 13 BGB) is any natural person who concludes a legal transaction for a purpose that cannot be attributed to commercial or independent professional activity; an entrepreneur within the meaning of our General Terms and Conditions is any natural or legal person (including persons / companies with legal capacity) who, when concluding a contract / legal transaction, exercises an independent professional or commercial activity (cf. § 14 BGB).
§ 2 Conclusion of contract
1. The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. If this offer is accepted, we will send you an order confirmation by e-mail. Sending an order confirmation only informs you that the order has been received and does not constitute acceptance of the offer.
2. When ordering in our online shop, the ordering process comprises several steps. In the first step, you select the desired goods. Once you have made your selection, proceed to the checkout. In the second step, you log in with your existing customer login or set up a new customer account. In the third step, you can select the shipping address and shipping method, then enter the billing address and payment method and review the cancellation policy and general terms and conditions. In the last step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) once again and correct them if necessary before you send us your order by clicking on "ORDER FOR FREE".
3. For entrepreneurs who intend to purchase goods from A. W. Dienemann GmbH & Co. KG on a regular basis, it is possible to apply for a login for commercial customers. To do this, please send us a copy of your business registration and VAT identification number by post to our address or by e-mail to shop@dienemann-bremen.de so that we can check all the requirements for acceptance. If the check is successful, you will be notified of your login.
For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf
AG, St. Gallen (CHE-331.561.017 VAT). The latter also handles customs clearance,
invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged by
. In order to enable smooth delivery to Switzerland to
, we inform you for reasons of transparency that MeinEinkauf GmbH in DEKonstanz (DE285677365) is also involved in the retail chain. This does not result in any additional costs for the buyer
.
§ 3 Prices and terms of payment
1. The prices quoted by us are final prices, they include the statutory value added tax.
2. The customer bears the shipping costs shown in the product description. If you exercise your right of cancellation, we will refund all amounts we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For the refund, we will use the same means of payment that was used for the original transaction, free of charge. Repayment may be refused until we have received the goods back or you have provided evidence that you have returned the goods, whichever is the earliest.
3. The minimum order value is: € 15.00
4. Payment can be made either in advance by bank transfer or via PayPal, we use the "SSL" transmission method to encrypt your personal data. We reserve the right to exclude individual payment methods. If you choose to pay in advance, we will provide you with the bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days. Our bank details are:
Sparkasse Bremen AG
SORT CODE 290 501 01
Account no. 81 15 92 79
IBAN: DE42 2905 0101 0081 15 92 79
BIC: SBREDE22
5. For the payment method 'Invoice', the invoice amount must be transferred to the bank details stated in section 4 within 10 days of the invoice date without deduction of any discounts or other reductions.
6. Our registered commercial customers with a customer account have the option of delivery on account. Delivery on account can only be selected for registered customers.
7. Registered commercial customers who log in via the requested customer login can order the products at their specific conditions agreed with A.W. Dienemann GmbH & Co. KG.
8. When exercising the right of cancellation, you owe compensation for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
§4 Shipping costs
1. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.
2. If you exercise your right of cancellation, we will also refund the shipping costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract.
3. If you exercise your right of cancellation, you shall bear the direct costs of returning the goods. This does not apply if the return is due to a defect or incorrect delivery.
§5 Retention of title
1. The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
2. As an entrepreneur, you are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you hereby assign to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing/mixing of the goods delivered under retention of title. Irrespective of our right to collect the claim ourselves, you shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and insofar as you fulfil your payment obligation, no application for the opening of insolvency or similar proceedings has been filed and there is no suspension of payments. Insofar as the aforementioned securities exceed the claim to be secured by more than 10%, we are obliged to release the securities at our discretion at your request.
§ 6 Terms of delivery
1. We shall deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice. Please refer to our delivery traffic light for the delivery dates: a green traffic light indicates delivery within 2-4 working days, a yellow traffic light indicates delivery within 10-14 days and a red traffic light indicates that delivery is currently not possible.
2. If we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period to effect delivery. Otherwise you are not entitled to withdraw from the contract.
3. The seller reserves the right to withdraw from the contract in the event of incorrect or untimely delivery by suppliers. This reservation only applies to consumers if the seller has previously concluded a congruent hedging transaction with the supplier and the seller is not responsible for the incorrect or non-supply. In the event of non-delivery or incorrect delivery to the seller, the customer shall be informed immediately by the seller and the consideration received shall be refunded immediately.
§ 7 Warranty for consumers
1. If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent fulfilment, to withdraw from the contract or to reduce the purchase price.
2. The limitation period for warranty claims for the delivered goods is two years after receipt of the goods.
§ 8 Warranty for entrepreneurs
1. If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item. We are entitled to choose the type of subsequent fulfilment. If the subsequent fulfilment fails, you are entitled to reduce the purchase price or withdraw from the contract. The prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed under § 377 HGB.
2. The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods. Injury to life, body and health as well as damages resulting from grossly negligent or intentional behaviour are therefore expressly not covered by the shortened limitation period.
§ 9 Take-back guarantee for Festool products
1. Festool products are covered by a free take-back guarantee for both consumers and entrepreneurs. All products ordered via the Internet can be returned to A.W. Dienemann GmbH & Co. KG free of shipping costs within 15 days of receipt of the goods, provided that the goods are complete and in an unused and undamaged condition.
2. The return guarantee applies exclusively to Festool brand products; products from other manufacturers are excluded from this guarantee.
§ 10 Limitation of liability
1. We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 11 Final provisions
1. Our instructions for use, product descriptions and technical application advice, whether verbal, in writing or by way of trials, are only general instructions. Due to the variety of uses of the individual product and due to the respective special circumstances, the customer must check each delivery for its suitability for the intended purpose. No guarantee can be given for the paintwork produced with the delivered goods, as we have no influence on the proper processing. This does not exclude any claims of the customer against us in accordance with VII.
2. If thinners, hardeners, additional paints or other components not recommended by us are added, our products no longer correspond to our product description.
3. Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of the written form requirement.
4. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
5. The place of fulfilment and exclusive place of jurisdiction for all disputes between A. W. Dienemann GmbH & Co. KG and entrepreneurs arising from or in connection with this contract is Bremen.
6. If you had your domicile or habitual residence in Germany when the contract was concluded and either moved at the time the action was filed or your place of residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of our company in Bremen. If you do not have your place of residence or habitual abode in a member state of the European Union, the courts at our registered office shall have exclusive jurisdiction for all disputes.
7. Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision that comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.
Appendix
Consumer information
If you order goods when visiting our homepage, we would like to draw your attention to the following:
1.Identity of the seller: A. W. Dienemann GmbH & Co. KG
Malthusstrasse 25
28307 Bremen
Tel. 0421 / 48 69 80
Fax 0421 / 48 69 88
shop@dienemann-bremen.de
www.dienemann-bremen.de
Registered office of the company: Bremen
Local court Bremen, commercial register number HRA 26631 HB
Sales tax identification number DE 291068401 (according to §27a UStG)
Representation: A.W. Dienemann GmbH & Co. KG is represented by A.W. Dienemann Verwaltungs GmbH, Bremen Local Court, HRB 28872, in turn represented by the managing directors Klaus Kahrs and Philip Kahrs
2.essential characteristics of the goods
The essential characteristics of the goods we offer and the period of validity of limited offers can be found in the individual product descriptions on our website. The prices stated in the online shop are total prices including all taxes and duties.
3. Terms of payment, delivery and service
a.Payment
We accept payment by bank transfer (in advance) or PayPal. There are no fees for payment. If you exercise your right of cancellation, the refund will be made in the same way as you made the payment, unless expressly agreed otherwise.
b. Delivery and performance
When concluding the contract, you can see the delivery dates from our information traffic lights. A green traffic light indicates delivery within 2-4 working days, a yellow traffic light indicates delivery within 10-14 days and a red traffic light indicates that delivery is currently not possible.
c. Complaints and incorrectly placed orders
If you are not satisfied with our services, our products, the presentation or other information on our website, you are welcome to inform us of this using the means of communication provided (e-mail, telephone, post).
You can recognise any input errors when placing your order in the shopping basket during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order (contract conclusion).
4. Warranty for defects, guarantee and customer service
a.Warranty for defects
You are entitled to the statutory warranty rights when purchasing our products.
b. Guarantee
Festool products are covered by the 15-day money-back guarantee provided by the manufacturer. This means that you can test all Festool products for up to 15 days after purchase. If the machine does not meet your requirements, you can simply return it to your dealer and receive a full refund. However, the prerequisite for this is that you register the machine with SERVICE all-inclusive at https://www.festool.de/Service/all-inclusive/Pages/Register.aspx.
Festool also offers a 36-month warranty on all products. SERVICE all-inclusive offers a comprehensive warranty on your machine including all wear parts. In addition to the usual material and manufacturing faults, all wear parts (e.g. battery packs, carbons, ball bearings, sealing rings, switches) are also covered by the warranty. The warranty is only valid if the device is registered with SERVICE all-inclusive at https://www.festool.de/Service/all-inclusive/Pages/Register.aspx. Further information on the manufacturer's warranty can be found at https://www.festool.de/Service/all-inclusive/Pages/36-Monate-Kostenschutz-Garantie.aspx.
c.Customer service
Our customer advisors are available to answer your questions by telephone and email Mon-Thu from 8.00-16.30 and Fri from 8.00-14.30.
4. Conclusion of contract, storage and language
a.Conclusion of contract
When ordering in our online shop, the ordering process comprises several steps. In the first step, you select the desired goods. Once you have made your selection, proceed to the checkout. In the second step, you log in with your existing customer login or set up a new customer account. In the third step, you can select the shipping address and shipping method, then enter the billing address and payment method and review the cancellation policy and general terms and conditions. In the last step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) again and correct them if necessary before you send us your order by clicking on "ORDER FOR FREE".
b. Storage
We store the contract text of your order. You can print this out before sending your order to us by clicking the "Print" button after completing/sending the order. We will also send you an order confirmation with all order details and our General Terms and Conditions, right of cancellation and cancellation form to the e-mail address you have provided. Furthermore, you can view the order under your login.
c. Language
The language available for the conclusion of the contract is exclusively German.
6. You have the option of cancelling the contracts concluded with us by exercising the right of cancellation in due time in accordance with Section 312 g (1) BGB, Annex 1 to Article 246 Section 1 (2) sentence 2.
7. You can use the specifications of the cancellation form to exercise the right of cancellation. However, any other express declaration concerning the exercise of the right of cancellation will also suffice.