General Terms and Conditions of Business

 

1. Scope of Application

The below General Terms and Conditions of Business (“Terms & Conditions”) shall apply to all orders by consumers and entrepreneurs via our online shop. A consumer shall be any person who enters into a legal transaction for purposes which can essentially neither be attributed to their commercial nor to their independent professional activities. An entrepreneur shall be any natural or legal person or a partnership with legal capacity which/who acts in the exercise of its commercial or his/her independent professional activities upon conclusion of a legal transaction. With regards to entrepreneurs, present Terms & Conditions shall also apply to further business relationships without us being obliged to make reference thereto again. If the entrepreneur uses conflicting or additional General Terms and Conditions of Business, we hereby object to applicability thereof; they shall only become a contractual component if we expressly consented thereto.

 

2. Contractual Partner, Contract Conclusion

The purchase contract shall be entered into with the company Grafische Anstalten Hassa & Karl GbR [company constituted under civil law]. The presentation of our products in the online shop does not represent a legally binding offer but merely a non-binding online catalogue. You can first put our products into your shopping basket without obligation and correct the information you provide at any time before you place your binding order by using the correction tools envisaged for such purpose and explained in the ordering process. By clicking on the order button, you place a binding order of the goods contained in the shopping basket. The receipt of your order will be confirmed by e-mail immediately after you send your order. The point in time of conclusion of the contract with us depends on the payment method chosen by you:

Invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Advance Payment
We accept your order by sending a declaration of acceptance in a separate e-mail in which we communicate our bank details to you within two days.

PayPal, PayPal Express
You are forwarded to the website of the PayPal online service in the ordering process. There, you can enter your payment data and confirm the payment instruction for PayPal. After the order has been placed in the shop, we request PayPal to initiate the payment transaction, thus accepting your offer.

PayPal Plus
In the course of the PayPal Plus payment service, we provide you with various payment methods as PayPal services. After having placed the order, you are forwarded to the website of the PayPal online service. There, you can enter your payment data and confirm the payment instruction for PayPal. Thus, the contract with us is entered into.

Cash Payment Upon Collection
We accept your order by sending a declaration of acceptance in a separate e-mail within two days.

 

3. Contractual Language, Storage of the Contract Text

The language in which the contract can be concluded is German. We store the contract text and send the order data and our Terms & Conditions to you by e-mail. You can view the contract text in our customer login.

 

4. Terms of Delivery

In addition to the product prices set forth, shipping costs shall apply. More details on the amount of the shipping costs are included in the offers. In general, you can collect products at Grafische Anstalten Hassa & Karl GbR, Calwer Str. 23, 71272 Renningen-Malmsheim, Germany, during the business hours stated as follows: Monday to Friday 9 am to 12 pm, except for public holidays. Please inform us about the collection at least 2 working days in advance so that we can retrieve the goods from our stock and make them available. If you choose collection, only cash payment is possible.

 

5. Payment

In general, the following payment methods are available to you in our shop:

Advance Payment
If you choose to pay in advance, we communicate our bank details to you in a separate e-mail and deliver the goods after receipt of payment.

PayPal, PayPal Express
You are forwarded to the website of the PayPal online service in the ordering process. In order to be able to pay the invoice amount via PayPal, you have to be registered and/or first register with PayPal, legitimise yourself with your access data and confirm the instruction for payment to us. After the order has been placed in the shop, we request PayPal to initiate the payment transaction. PayPal performs the payment transaction immediately thereafter in an automated manner. You will receive further information during the ordering process.

PayPal Plus
In the course of the PayPal Plus payment service, we provide you with various payment methods as PayPal services. You are forwarded to the website of the PayPal online service. There, you can enter your payment data, confirm the use of your data by PayPal and the payment instruction for PayPal.
If you have chosen the PayPal payment method, you have to be registered and/or first register with PayPal and legitimise yourself with your access data in order to be able to pay the invoice amount. PayPal performs the payment transaction in an automated manner immediately after you confirm the payment instruction. You will receive further information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction is performed by your credit card provider upon request by PayPal and your card will be charged immediately after confirmation of the payment instruction and your legitimation as the legal card holder. You will receive further information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment instruction, you provide a direct debit mandate to PayPal. PayPal will inform you about the date of bank debit (so-called prenotification). Submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal will request its bank to initiate the payment transaction. The payment transaction will be performed and your account will be charged. You will receive further information during the ordering process.

Invoice
You pay the invoice amount by transfer to our bank account after receipt of the goods and the invoice. We reserve the right to offer purchase on account only after a positive check of your creditworthiness.

Cash Payment Upon Collection
You pay the invoice amount in cash upon collection.

 

6. Retention of Title

The goods shall remain our property until full payment. The following shall apply to entrepreneurs in addition: We retain title to the goods until full settlement of all receivables under an ongoing business relationship. You can further sell the reserved goods in your usual course of business; you assign all receivables arising from such further sale – regardless of any combination or mixing of the reserved goods with new goods – to us in advance in the amount of the invoice amount, and we accept such assignment. You remain authorised to collect the receivables; however, we may also collect receivables ourselves if you do not meet your payment obligations.

 

7. Transport Damage

The following shall apply to consumers:
If goods are delivered with obvious transport damage, please inform the deliverer about such defects as soon as possible and please contact us without any delay. If you fail to complain about defects or to contact us, this shall not have any consequences whatsoever for your legal claims and exercise thereof, in particular your warranty rights. However, you would help us exercise our own claims towards the carrier and/or transport insurance.

The following shall apply to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass on to you as soon as we have provided the object to the forwarding agent, the carrier or any other person or entity supposed to perform the delivery. The obligation to inspect and give notice of defects as regulated in Sec. 377 HGB [Commercial Code] shall apply among merchants. If you fail to provide the notice as regulated therein, the goods are deemed accepted, unless there is a defect which was not detectable upon inspection. This shall not apply if we concealed a defect in a fraudulent manner.

 

8. Warranty and Guarantees

To the extent not expressly agreed otherwise below, the statutory warranty rights shall apply. In the case of used goods, the limitation period for claims for defects shall be one year as of delivery of the goods for consumers. For entrepreneurs, the limitation period for claims for defects shall be one year after transfer of risk; the statutory limitation periods for recourse claims under Sec. 478 BGB [Civil Code] shall remain unaffected. Only our own information and the product descriptions of the manufacturers included in the contract shall represent an agreement on the quality of the goods towards entrepreneurs; we do not assume any liability for public statements of the manufacturer or any other advertising statements. If the product delivered is faulty, we shall first fulfil our warranty obligations to entrepreneurs by, at our own discretion, rectification of the defect (repair) or by delivery of a product free from defects (replacement delivery). The above restrictions and shortenings of time periods shall not apply to claims based upon any damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duties as well as malice
  • in case of breach of material contractual obligations the fulfilment of which is required for the proper implementation of the contract in the first place and on the fulfilment of which the contractual partner may rely in general (cardinal obligations)
  • under a guarantee promise if agreed
  • to the extent the Produkthaftungsgesetz [Product Liability Act] is applicable.

Information on any additional guarantees which potentially apply and on their exact conditions is enclosed to the product and available on separate information pages in the online shop. Customer service: If you have questions, complaints and objections, you can reach us by calling +49 163 - 8255682 on working days between 9 am and 12 pm as well as by e-mail via info@comic-schilder.de

 

9. Liability

We shall always be liable without limitation for claims based upon any damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, limb or health,
  • in case of intentional or grossly negligent breach of duties,
  • in case of guarantee promises if agreed upon, or
  • to the extent the Produkthaftungsgesetz [Product Liability Act] is applicable.

In case of breach of material contractual obligations the fulfilment of which is required for the proper implementation of the contract in the first place and on the fulfilment of which the contractual partner may rely in general (cardinal obligations) due to slight negligence on our, our legal representatives’ or vicarious agents’ part, the amount of the liability shall be limited to the damage foreseeable upon conclusion of the contract the occurrence of which is usually to be taken into account. Apart from that, any claims for damages shall be excluded.

 

10. Settlement of Disputes

The European Commission provides a platform for online dispute resolution (ODR) which is available at https://ec.europa.eu/consumers/odr/. We are willing to participate in an extrajudicial dispute resolution proceeding before a consumer arbitration body.

 

11. Final Provisions

If you are an entrepreneur, German law shall apply, excluding UN sales law. If you are a merchant (Kaufmann) as defined in the Commercial Code, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes under contractual relationships between you and us.
 

Terms & Conditions prepared with rechtstexter.de.