TERMS AND CONDITIONS
Terms and Conditions and Customer Information
I. Terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you as a supplier (Outchair GmbH) lead us through the internet platform Amazon. Unless otherwise agreed, the inclusion might be used by you own conditions is contradicted.
(2) consumer in terms of the following regulations is any natural person who enters into a transaction for purposes which mostly neither commercial nor their independent vocational activity may be attributed. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Formation of Contract
(1) The subject of the contract is the sale of goods.
(2) If an item from us at Amazon set, is the release of the offer page on Amazon conditions to conclude a purchase contract contained the non-binding offer to the item page (product description).
(3) You can make a binding purchase offer (order) via the shopping cart system or the 1-Click ordering function.
When the shopping cart system which intended to purchase goods are placed in the “shopping cart”.
After clicking the “Checkout” and the subsequent entering all requested data and the choice of payment method and shipping address are finally displayed again all order data to the order summary. Before submitting the order, you have the opportunity to examine all the information again and modify or purchase through the “back” function of the browser cancel. “Buy now” with clicking the button, enter a binding offer from us.
By using the 1-Click ordering function gives you the option to make the appointment directly from the product detail page or the product offering list.
Before placing the order, you can use the delivery address and – if provided – change the number of selected item or cancel the purchase on the “back” function of the browser.
By clicking the “Buy with 1-Click ™” “Now with 1-Click®kaufen” or enter a binding purchase offer (order).
(4) You will receive an automatic confirmation after submitting your order from Amazon by e-mail that we received the offer. The order confirmation does not lead to the contract.
(5) Acceptance of the offer (and therefore the contract) is done by e-mail from Amazon, in what will be confirmed by us, the shipment of goods. If you have not received a shipping confirmation within two days, you are no longer bound to your order. If necessary services already provided will be refunded immediately in this case.
(6) is carried out, the processing of the order and delivery of all necessary information related to the contract by email partially automated. They have therefore ensure that you stored in our e-mail address is applicable, the receipt of the e-mails technically assured and is especially not inhibited by SPAM filters.
§ 3 retention, retention of title
(1) A lien can only be exercised in so far as it concerns claims arising from the same contract.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) There, the statutory warranty rights.
(2) For used goods, the warranty period is different from the statutory scheme one year after delivery of the goods. The one-year warranty period does not apply pursuant to §§ 478, 479 BGB for us attributable culpably caused damages resulting from injury to life, limb or health and damage or bad faith of the provider grossly negligently or intentionally caused, as well as recourse.
§ 5 Liability
(1) We shall each unlimited liability for damage arising from injury to life, limb or health. Next we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in all other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding provision in our customer information (Part II) and general terms and conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability for slight negligence to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the contract imposed on us by its content to the purpose of the contract, making the fulfillment of the proper execution of the contract at all possible and you may regularly rely on compliance.
(4) When a violation of minor contractual obligations, liability is excluded for slight negligence.
(5) Data communication via the Internet can not be free of errors and / or available at all times to ensure the current state of the art. In this regard we are liable either for the continuous uninterrupted availability nor the website and offered there service.
§ 6 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies if thereby the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) performance for all services from existing business relationships with us and jurisdiction is our seat as far as you are not consumers but a merchant, legal entity under public law or public special assets. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence in the time of action is not known. The power to the court to call in another legal jurisdiction remains unaffected.
(3) The provisions of UN purchasing law expressly not apply.
II. Customer Information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for the extra online dispute resolution (ODR platform) ready to be called up under https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction made in accordance with the regulations, “Formation of contract” of our General Terms (Part I).
3. Contract language treaty text storage
3.1. The contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order, the contract data can be printed using the print function of the browser or electronically secured. After receipt of the order with us the order data, the information required by law for distance contracts and the terms and conditions are again sent by e-mail to you.
4. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices stated in the respective offers and shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via an appropriately labeled button on our website or in the respective offer, are reported separately during the ordering process and have to be paid additionally by you to the extent that no shipping costs is not promised.
5.3. The your available payment methods – direct debit (debit) or credit card – is reported under a correspondingly labeled button on our website or in the respective offer.
Payment processing is done via the payment system – Amazon Payments – Amazon. The charge of your bank account or credit card will be after shipping the goods.
5.4. Unless otherwise stated in the individual payment, payment claims from the completed contract immediately due for payment.
6.1. The delivery, the delivery and any existing delivery restrictions can be found at an appropriately designated button on our website or in the respective offer.
As far as in the item description or “shipping” in the Delivery Costs of any other period is specified, the delivery of the goods within 3-5 days after the contract (in case of agreed advance payment but only after the date of your payment order) takes place.
6.2. As far as you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold during shipment merges only with the delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned an unnamed entrepreneur from transport companies or otherwise to execute the dispatch specific person.
7. Legal defects liability law
7.1. The warranty for our goods is governed by the rules “Warranty” in our terms and conditions (Part I).
7.2. As a consumer, you are requested to immediately inspect the goods upon delivery for completeness, obvious defects and damage and as soon as possible to inform us and the shipper complaints. Come fails to do, this has no effect on your statutory warranty claims.
Last updated: 10/02/2017