General Terms and Conditions

1. Scope of Application

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

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

With respect to entrepreneurs, these GTCs also apply to future business relationships without any need for us to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to them.

2. Contracting Party, Conclusion of Contract

The purchase contract is concluded with deinfriseur.de .

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart 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 order 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 sending the order, you will receive another confirmation by e-mail.

3. Contract Language, Storage of the Contract Text

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our GTCs by e-mail. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery Conditions

In addition to the stated product prices, shipping costs may also apply. You can find more detailed information about any applicable shipping costs with the specific offers.

We only deliver by mail. Customer pickup of the goods is unfortunately not possible.

We do not deliver to parcel lockers (e.g. Packstationen).

5. Payment

The following payment methods are generally available in our shop:

Credit card

When you place your order, you provide your credit card details. After you have been identified as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing 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.

Giropay

After placing the order, you will be redirected to your bank's website. To be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly, and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards 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 the service provider Apple, have activated the Apple Pay function, identify yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions 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 function, identify yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions during the ordering process.

6. Retention of Title

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

For entrepreneurs, the following also applies: We retain ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale to us in advance in the amount of the invoice – irrespective of any combination or mixing of the reserved goods with a new item – and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Transport Damage

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

For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects, as regulated in § 377 of the German Commercial Code (HGB), applies. If you fail to give the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not recognizable during the 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 consumers purchase used goods, the following applies: if the defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted 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 items 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 the right of recourse according to § 445a of the German Civil Code (BGB) remain unaffected.

With respect to entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract shall be deemed to be an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.

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

The above restrictions and shortened time limits do not apply to claims based on 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 duty as well as fraudulent intent
• in case of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

9. Liability

We shall always be liable without limitation for claims based on 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 duty,
• in the case of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

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

In all other respects, 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 not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. 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 (CISG).

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.