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Benedikt von Loebell

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Term and conditions

GENERAL TERMS AND CONDITIONS

 

  1. Scope of application

For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

  1. Contracting party, conclusion of contract

The contract of sale is concluded with Benedikt von Loebell / benediktloebell.com

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

  1. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

  1. Delivery conditions

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.

  1. Payment

Credit card / Stripe

When you place your order, you also send us your credit card details.

After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal

In the ordering process you will be redirected to the website of the online provider PayPal.

In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.

The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

 

  1. Reservation of proprietary rights

The goods remain our property until full payment.

For entrepreneurs, the following applies in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

  1. Transport damages

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects shall be one year from the date of delivery of the goods.

With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

– in case of injury to life, body or health

– in case of intentional or grossly negligent breach of duty as well as fraudulent intent

– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

– within the scope of a guarantee promise, as far as agreed upon

– insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

 

  1. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

– in case of injury to life, body or health,

– in case of intentional or grossly negligent breach of duty,

– in the case of warranty promises, insofar as agreed, or

– insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

  1. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Final provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.