General Terms and Conditions
Scope of application
All deliveries by Toni Baur Holzschnitzereien (hereinafter referred to as the Seller) to consumers or entrepreneurs (hereinafter referred to as the Customer) are subject to these General Terms and Conditions (GTC).
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
1 Conclusion of the contract
By placing an order, the customer submits a binding offer to the seller to conclude a contract with the customer. The seller can accept this offer by sending an order confirmation to the customer by e-mail or by delivering the ordered goods.
First, the customer receives a confirmation of receipt of their order by e-mail to the e-mail address provided by the customer (order confirmation). However, a purchase contract is only concluded when the seller sends an order confirmation to the customer by e-mail or when the ordered goods are delivered.
When ordering via the shopping cart ordering system, the ordering process comprises a total of four steps.
In the first step, the customer selects the desired goods. In the second step, the customer enters their customer details including the billing address and, if applicable, a different delivery address. In the third step, the customer chooses how they would like to pay. In the last step, the customer has the opportunity to check all details (e.g. name, address, payment method, items ordered) once again and correct them if necessary before the customer sends their order to the seller by clicking on 'Buy'.
The order can also be placed by e-mail, fax or post. In all cases it is important that the customer provides his telephone number (for any necessary queries) and the billing and/or delivery address.
2. storage of the contract text
The seller saves the contract text of the order. The customer can also print this out before sending the order to the seller. The seller also sends the customer an order confirmation as well as an order confirmation with all order data and our General Terms and Conditions to the e-mail address provided by the customer.
3. reservation of title
The delivered goods remain the property of the seller until full payment of all claims.
4 Prices, shipping costs
All prices are final prices and include statutory VAT.
The shipping costs, which are shown in the online order form (the shopping cart), are calculated according to the location of the delivery address. The shipping costs may differ from the actual shipping costs. As a rule, the seller takes into account the most favorable shipping costs. Should these be higher than shown in the order form, the customer will receive a notification before dispatch.
5. terms of delivery
Unless otherwise stated in a processing message, the seller will dispatch the goods within 3 - 5 working days after delivery of the order confirmation.
6. terms of payment
Payment for deliveries within Germany can be made by credit card, PayPal, invoice or advance payment by bank transfer. Payment by invoice requires the customer to be resident in Germany. The residence details must be verifiable. The seller reserves the right to exclude individual payment methods.
For deliveries abroad, payment is made by credit card, PayPal or prepayment. If prepayment is selected, the seller shall state the bank details in the order confirmation.
In the case of payment by invoice, the invoice amount must be transferred to the seller's account within 14 days. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7 Warranty
The warranty shall be governed by the statutory provisions. If used goods are the subject of the purchase contract and the customer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.
8. data protection
When initiating, concluding, processing and reversing a purchase contract, the seller collects, stores and processes data in accordance with the statutory provisions.
When visiting the website, the IP address currently used by the customer's PC, the date and time, the browser type and operating system of this PC and the pages viewed by the customer are logged. However, this does not allow the seller to draw any conclusions about personal data and is not intended to do so.
The personal data that the customer provides to us, e.g. when placing an order or by e-mail (e.g. name and contact details), is only processed for correspondence with the customer and only for the purpose for which the customer has provided the data to the seller. The seller shall only pass on the data to the shipping company commissioned with the delivery insofar as this is necessary for the delivery of the goods. In order to process payments, the seller shall pass on the payment data to the credit institution commissioned with the payment.
The seller assures that the customer's personal data will not be passed on to third parties unless the seller is legally obliged to do so or the customer has expressly consented to this in advance. Insofar as the seller uses the services of third parties to carry out and handle processing operations, the provisions of the Federal Data Protection Act shall be complied with.
9 Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods.
This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrDiese. The platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Translated with DeepL.com (free version)