AGB'S
becker'swolfgang becker
olewiger straße 206
54295 trier
ust.identifikationsnummer:
de 188 180 837
agbs / revocation instruction
general terms and conditions with customer information
table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and shipment
6. duration and termination of subscription contracts
7. retention of title
8. liability for defects (warranty)
9. redemption of promotional vouchers
10. redemption of gift vouchers
11. applicable law
12. alternative dispute resolution
1) Scope of application
1.1 these general terms and conditions of wolfgang becker, trading as "becker's" (hereinafter "seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods presented by the seller in its online store. the inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 these general terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 a consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity. an entrepreneur within the meaning of these general terms and conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.4 depending on the seller's product description, the subject matter of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). in the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.
2) conclusion of contract
2.1 the product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but are intended for the submission of a binding offer by the customer.
2.2 the customer can submit the offer via the online order form integrated into the seller's online store. in doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. furthermore, the customer can also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 the seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the order has been placed.
if several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. the period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. if the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 when submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order together with these terms and conditions. however, the contract text can no longer be accessed by the customer via the seller's website after the customer has sent his order.
2.5 before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. an effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. the customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 only the german language is available for the conclusion of the contract.
2.7 order processing and contact are usually carried out by e-mail and automated order processing. the customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. in particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered if spam filters are used.
3) right of revocation
3.1 consumers are generally entitled to a right of withdrawal.
3.2 further information on the right of revocation can be found in the seller's revocation policy.
4) prices and terms of payment
4.1 unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 the payment option(s) will be communicated to the customer in the seller's online store.
4.3 if advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 if payment is made using a payment method offered by paypal, payment is processed via the payment service provider paypal (europe) s.à r.l. et cie, s.c.a., 22-24 boulevard royal, l-2449 luxembourg (hereinafter: "paypal"), subject to the paypal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a paypal account - subject to the terms and conditions for payments without a paypal account, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
5) delivery and shipping conditions
5.1 unless otherwise agreed, the delivery of goods shall be made by dispatch to the delivery address specified by the customer. the delivery address specified in the seller's order processing shall be decisive for the processing of the transaction.
5.2 if the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. this does not apply if the customer is responsible for the circumstance that led to the unsuccessful shipment.
the customer is not responsible for the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service a reasonable time in advance. furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. in the case of the effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions applies to the return shipping costs.
5.3 in the case of self-collection, the seller will first inform the customer by e-mail that the goods ordered by him are ready for collection. after receipt of this e-mail, the customer can collect the goods from the seller's premises after consultation with the seller. in this case, no shipping costs will be charged.
5.4 vouchers are provided to the customer as follows:
- by download - by e-mail
- by post
6) duration and termination of subscription contracts
6.1 the right to extraordinary termination for good cause remains unaffected. good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing up the interests of both parties.
6.2 terminations must be made in writing or in text form (e.g. by e-mail).
7) retention of title
if the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
8) liability for defects (warranty)
8.1 if the purchased item is defective, the provisions of statutory law shall apply.
liability for defects.
8.2 the customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. if the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) redemption of promotional vouchers
9.1 vouchers issued by the seller in the context of advertising campaigns with a
are issued free of charge for a specific period of validity and the customer's
cannot be purchased (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
9.2 promotional vouchers can only be redeemed by consumers.
9.3 individual products may be excluded from the voucher promotion, provided that
a corresponding restriction results from the content of the promotional voucher.
9.4 promotional vouchers can only be redeemed before the order process is completed. subsequent offsetting is not possible.
9.5 only one promotional voucher can be redeemed per order.
9.6 the value of the goods must be at least equal to the amount of the promotional voucher.
any remaining credit will not be refunded by the seller.
9.7 if the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.8 the balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.9 the promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 the promotion voucher is transferable. the seller may make payment with discharging effect to the respective holder who redeems the promotion voucher in the seller's online store. this does not apply if the seller is aware or is grossly negligent in not being aware of the respective holder's ineligibility, legal incapacity or lack of authorization to represent the seller.
10) redemption of gift vouchers
10.1 vouchers that can be purchased via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
10.2 gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. remaining credit balances will be credited to the customer until the expiration date.
10.3 gift vouchers can only be redeemed prior to completion of the order process. subsequent offsetting is not possible.
10.4 several gift vouchers can be redeemed for one order. 10.5 gift vouchers can only be redeemed for the purchase of goods and not for the purchase of
of other gift vouchers can be used.
10.6 if the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
10.7 the balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 the gift voucher is transferable. the seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. this does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of power of representation of the respective holder.
11) applicable law
the law of the federal republic of germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. in the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) alternative dispute resolution
12.1 the eu commission provides a platform for online dispute resolution on the internet at the following link: www.ec.europa.eu/consumers/odr
this platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 the seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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