General terms and conditions and customer information
I. General terms and conditions
§ 1 basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Tobias Huber) via the website www.Meine-Holzbox.de. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can mainly be attributed neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of alegal transaction in the exercise of their independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The subject of the contract is the sale of goods. Our product presentations on the Internet are not binding and are not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the option of reviewing all information here again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By submitting the order using the button "order with costs" you submit a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 3 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after the contract has been concluded. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the content of the transmitted data for correctness and therefore accept no liability for errors.
(4) Insofar as we create texts, images, graphics and designs for you as part of the individual design, these are subject to copyright. Without our express consent, use, reproduction or modification of individual parts or complete content is not permitted. Unless otherwise agreed, we grant you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
§ 6 liability
(1) We are fully liable for damage resulting from injury to life, limb or health, in all cases of willful intent and gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the object of purchase, and damage after Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and you can regularly rely on their compliance.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
1. Identity of the seller
Tobias Huber | Blonhofener Str. 4 | 87677 Stöttwang | Germany
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options take place in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you have a request for a quote outside the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the article description and the additional information on our website.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
7. Statutory liability for defects in goods
7.1. The legal regulations apply.
7.2. As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.