General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter “GTC”) of Delari GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Buyer”) with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Buyer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with the capacity to act who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2.Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to submit a binding offer by the buyer.
2.2 The buyer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the buyer submits a legally binding contractual offer by clicking the button that concludes the ordering process with respect to the goods contained in the shopping cart. Furthermore, the buyer can also submit the offer by telephone, fax, email, postal mail or online contact form to the seller.
2.3 The seller can accept the buyer’s offer within five days by sending the buyer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the buyer is decisive, or by delivering the ordered goods to the buyer, whereby the receipt of the goods by the buyer is decisive, or by requesting payment from the buyer after the buyer has placed the order. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the buyer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the buyer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the buyer is no longer bound by his declaration of intent.
2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe user agreement, which can be viewed at Amazon. If the buyer selects “Amazon Payments” as the payment method within the scope of the online ordering process, he also gives Amazon a payment order by clicking the button that concludes the ordering process. In this case, the seller hereby declares his acceptance of the buyer’s offer at the time when the buyer initiates the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the contract is concluded and is sent to the buyer in written form (e.g. email, fax or letter) after the buyer has sent their order. The seller does not make the contract text available in any other way. If the buyer has set up a user account on the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be retrieved by the buyer free of charge via their password-protected user account by providing the corresponding login data.
2.7 Before submitting the order via the seller’s online order form, the buyer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which enlarges the display on the screen. The buyer can correct their input within the framework of the electronic ordering process by means of the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 German and English are available for the conclusion of the contract.
2.9 The order processing and contact are usually done by email and automated order processing. The buyer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the buyer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3.Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the buyer in the seller’s online shop.
4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5. Delivery and shipping terms
5.1 If the seller offers shipping of the goods, the delivery will be made to the delivery address provided by the buyer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified in the order processing of the seller is decisive for the transaction.
5.2 For goods delivered by a forwarding agent, the delivery is made “free curb”, that is, up to the nearest public curb to the delivery address, unless otherwise specified in the shipping information on the seller’s online shop or unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons attributable to the buyer, the buyer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the initial shipment if the buyer effectively exercises his right of withdrawal. If the buyer effectively exercises his right of withdrawal, the provisions made in the seller’s cancellation policy regarding the return costs shall apply.
5.4 If the buyer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the buyer as soon as the seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the buyer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the buyer only upon delivery of the goods to the buyer or an authorized recipient. However, if the buyer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the buyer, the risk of accidental loss and accidental deterioration of the goods also passes to the buyer as soon as the seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided that the non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make every reasonable effort to obtain the goods. In the event of non-availability or only partial availability of the goods, the buyer will be informed immediately and the consideration will be refunded immediately.
5.6 If the seller offers the goods for collection, the buyer can pick up the ordered goods at the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.
6. Retention of title If the seller makes an advance payment, they retain ownership of the delivered goods until the full purchase price has been paid.
7. Warranty (Guarantee) for defects
7.1 Unless otherwise stated in the following regulations, the provisions of statutory warranty for defects apply. However, in the case of contracts for the delivery of goods, the following deviations apply:
7.2 If the buyer acts as a business owner, the seller has the choice of the type of subsequent performance. For new goods, the statute of limitations for defects is one year from the delivery of the goods. Rights and claims for defects are excluded for used goods. The statute of limitations does not start again if replacement delivery is made within the scope of the warranty for defects.
7.3 The liability limitations and shortened limitation periods regulated above do not apply to claims for damages and reimbursement of expenses of the buyer in the event that the seller has fraudulently concealed the defect, for goods that have been used in a manner typical for construction and have caused the building’s defectiveness, for any existing obligation of the seller to provide updates for digital products, or for contracts for the delivery of goods with digital elements.
7.4 In addition, for business owners, the statutory limitation periods for a possible statutory right of recourse remain unaffected.
7.5 If the buyer is a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the buyer fails to comply with the notification obligations specified there, the goods are deemed approved.
7.6 If the buyer is a consumer, they are requested to report obvious transport damage to the carrier and inform the seller. If the buyer does not comply with this, it has no effect on their statutory or contractual warranty claims.
8. Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law only applies to consumers insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
If the buyer is a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the buyer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the buyer’s professional or commercial activity. In any case, however, the seller is entitled to bring an action at the buyer’s place of business.
10. Alternative Dispute Resolution
Information on online dispute resolution: The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase agreements and online service contracts.
The platform can be accessed at Ec Europa。
We do not participate in a dispute resolution procedure before a consumer arbitration board.