Terms and conditions
General Terms & Conditions
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
Consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract
The contract of sale is concluded with District N°1 GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract Language, Contract Text Storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
The text of the contract will be sent to you in text form.
4. Terms of delivery
In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
In our shop, the following payment methods are generally available to you:
With the submission of the order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
Credit card payments
6. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale to us in advance - 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 shall remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and notify regulated in 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory law on liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) shall remain unaffected.
Only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement with entrepreneurs regarding the quality of the goods; we shall not accept any liability for the manufacturer's public statements or other advertising statements.
If the delivered item is defective, we shall first provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). • within the scope of a warranty promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is open.
Information on any applicable additional warranties and their precise conditions can be found with the product and on special information pages in the online shop.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of injury to life, limb or health
; • in the event of intentional or grossly negligent breach of duty
• in the event 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 material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely; (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here. Consumers have the possibility to use this platform for the settlement of their disputes. In order to resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Stra;burger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.
12. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), 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 you and us shall be our place of business.
General Terms and Conditions of Business shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Terms and conditions created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte.