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GENERAL TERMS AND CONDITIONS
§ 1 - Provider, inclusion of the GTC
1. provider and contractual partner for the goods presented is:
Theros GbR Schulte Westenberg & Pötter
Hera Schulte Westenberg
Frau-Holle-Weg 12
49479 Ibbenbüren
T: +49 5451 5628588
M: info@theros.de
2. these general terms and conditions are part of every contractual agreement between the provider, hereinafter referred to as (A), and the respective buyer, hereinafter referred to as (K). Any conflicting terms and conditions of (K) are hereby invalid.
§ 2 - Offer of goods and conclusion of contract
1. (A) offers the items shown in the offer text to other eBay users for sale. The items are new goods, unless expressly stated otherwise.
2. goods selection, contract conclusion and contract processing are carried out in German. The content of concluded contracts is stored in the ebay customer account of (K) and can be viewed by him at any time in the ebay portal via the menu "Overview of your purchases".
3. (K) submits a binding purchase offer for the goods presented by (A). By sending the order request via the "Send order" button, (K) accepts the purchase offer.
4. In the event of obstacles to delivery or other circumstances that would prevent the fulfillment of the contract, (A) shall inform the customer within three days by e-mail. A partial delivery shall only be made with the consent of the Customer.
§ 3 - Prices and payment
1. all product prices are final prices plus shipping costs. Value added tax is not charged.
2. the shipping costs are listed in the product description under "Payment & Shipping".
3. with the contract confirmation (§ 2 para. 4), the customer receives an Internet link by e-mail containing information on payment processing.
4. For advance payment orders, a payment period of one week from receipt of the contract confirmation shall apply. (A) shall put the desired goods on hold for (K) for the duration of the payment period. It is the responsibility of (C) to effect its payment in good time so that it is received by (A) within the deadline. (A) reserves the right to withdraw from the purchase contract and to sell the goods elsewhere if payment has not been received by the end of the deadline. Any payment received from (C) after withdrawal shall be reimbursed by (A).
§ 4 - Shipping, delivery periods
1. (A) shall hand over the goods to be delivered to the shipping company within 3 working days of receipt of full payment.
2. delivery shall be made to the delivery address specified by the customer.
3. if the delivery to (C) fails because the delivery address was incorrect or incomplete, a new delivery attempt shall only be made if (C) bears the costs for the new delivery. The new shipping costs correspond to the shipping costs agreed at the conclusion of the contract. (A) shall inform (K) of the necessary costs of a new delivery by e-mail. Re-dispatch shall only take place after receipt of payment of these costs.
§ 5 - Right of withdrawal
1. if the buyer is a consumer, he is legally entitled to a 14-day right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession
.2. Information on the right of withdrawal can be found in the respective item description of the seller. After conclusion of the contract, the buyer will also receive an order confirmation with instructions on his right of withdrawal and information on how he can exercise it, e.g. via the sample withdrawal form attached to the withdrawal instructions.
.§ 6 - Warranty
1. warranty claims shall be governed by the statutory provisions.
2. (A) assumes no liability for damage to health caused by (K) through improper use of the items offered.
§ 7 - Final provisions
1. (A) shall collect the data entered by (K) as part of its purchase for the purpose of processing and fulfilling the contract.
2. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 8 - Choice of law & place of jurisdiction
1. the contractual relationship between (A) and (K) shall be governed by the law of the Federal Republic of Germany.
2. the place of jurisdiction for all disputes arising from the contractual relationship between (A) and (K) shall be the place of residence of (A).
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1)The following terms and conditions apply to contracts, which you conclude with us as supplier(Theors Schulte Westenberg und Pötter GbR)via the website https: //theros. de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2)Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1)The subject matter of the contract is the sale of goods.
(2)By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3)The contract is concluded via the online shopping cart system as follows:
The goodsintended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you choose an instant payment system (e.g. PayPal / PayPal Express Amazon) as the payment method, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or canceling the order.
You can cancel the order at any time.
By sending the order via the corresponding button ("zahlungspflichtig bestellen" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4)Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5)The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1)SEPA- direct debit (basic and/or company direct debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us by issuing a corresponding SEPA mandate to to collect the invoice amount from the specified account.
The direct debit shall be collected within10 days after conclusion of the contract.
The period for sending the pre-notification shall be shortened to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 4 Right of retention, Retention of title
(1)You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1)The statutory warranty rights shall apply.
(2)As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3)If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. Identity of the seller
Theors Schulte Westenberg und Pötter GbR
Frau-Holle-Weg 12
49479 Ibbenbüren
Germany
Phone: 054515628588
Email: info@theros.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available athttps://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.
3. contract language, contract text storage
3.1. contract language is German.
3.2. the complete contract text is not stored by us. Before sending the ordervia the online shopping cart systemthe contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, 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 respective offer.
5. prices and payment terms
5.1. the prices stated 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 incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to youare shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at https://www.haendlerbund.de/en/services/legal-security/agb-service .
last updated:01.01.2022
I. General Terms and Conditions
§ 1 Basic Provisions
(1)The following terms and conditions apply to contracts, which you conclude with us as supplier(Theors Schulte Westenberg und Pötter GbR)via the website https: //theros. de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2)Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1)The subject matter of the contract is the sale of goods.
(2)By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3)The contract is concluded via the online shopping cart system as follows:
The goodsintended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you choose an instant payment system (e.g. PayPal / PayPal Express Amazon) as the payment method, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or canceling the order.
You can cancel the order at any time.
By sending the order via the corresponding button ("zahlungspflichtig bestellen" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4)Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5)The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1)SEPA- direct debit (basic and/or company direct debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us by issuing a corresponding SEPA mandate to to collect the invoice amount from the specified account.
The direct debit shall be collected within10 days after conclusion of the contract.
The period for sending the pre-notification shall be shortened to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 4 Right of retention, Retention of title
(1)You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1)The statutory warranty rights shall apply.
(2)As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3)If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. Identity of the seller
Theors Schulte Westenberg und Pötter GbR
Frau-Holle-Weg 12
49479 Ibbenbüren
Germany
Phone: 054515628588
Email: info@theros.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available athttps://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.
3. contract language, contract text storage
3.1. contract language is German.
3.2. the complete contract text is not stored by us. Before sending the ordervia the online shopping cart systemthe contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, 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 respective offer.
5. prices and payment terms
5.1. the prices stated 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 incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to youare shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This shall not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at https://www.haendlerbund.de/
last updated:01.01.2022