General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

These General Terms and Conditions also apply to future business relationships with businesses, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract

The purchase contract is concluded with deinfriseur.de.

By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The languages available for concluding the contract are German and English.

We save the contract text and send you the order details and our General Terms and Conditions by email. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. Further details regarding applicable shipping costs can be found in the individual offers.

We only ship by mail. Unfortunately, pickup is not possible.

We do not deliver to packing stations.

5. Payment

In our shop you can generally use the following payment methods:

credit card

When you place your order, you provide your credit card details. Once you have verified your identity as the legitimate cardholder, the payment transaction will be processed automatically, and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.

Giropay

After placing your order, you will be redirected to your bank's website. To pay the invoice amount via Giropay, you must have a bank account activated for online banking, verify your identity, and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be processed immediately afterward, and your account will be debited.

Apple Pay

To pay the invoice amount via Apple Pay, you must use the Safari browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further instructions will be provided during the ordering process.

Google Pay

To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.

6. Retention of title

The goods remain our property until full payment has been made.

The following additionally applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage

For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.

For businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).

The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is open.

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.

Otherwise, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/ .

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), 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 is our place of business.