Terms and Conditions
I. General Terms and Conditions
Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (Monica Elena Nedelcu) via the website www.davitex.at. Unless otherwise agreed, the inclusion of any of your own terms and conditions may be objected to.
2. For the purposes of the following rules, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is any natural or legal person or partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
Section 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the posting of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping basket”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the “Cashier” page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system is carried out, you make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the possibility to check all information here again, to change it (also via the function “back” of the internet browser) or to cancel the purchase.
By submitting the order via the “order with payment” button, you declare the acceptance of the offer in a legally binding manner, which makes the contract a ful of the agreement.
(4) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(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 the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.
Section 3 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims arising from the same contractual relationship are involved.
(2) The goods remain our property until full payment of the purchase price.
3. If you are an entrepreneur, the following shall also apply:
a) We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Prior to the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will already assign to us all claims in the amount of the invoice amount that accede to you as a way of resale, we will accept the assignment. They are still authorised to recover the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed goods at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10. It is up to us to select the collateral to be released.
Section 4 Warranty
(1) There are statutory liability rights for defects.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following shall apply in a different way from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed to have been agreed as the nature of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall at our discretion provide warranty by rectification or subsequent delivery. If the defect is receded, you can demand a reduction at your choice or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated, in particular, by the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply:
– culpable damage caused to us from injury to life, body or health and in case of intentional lyrically or grossly negligently caused other damage;
– insofar as we have fraudulently concealed the defect or provided a guarantee for the quality of the item;
– in the case of items which have been used for a building in accordance with its usual use and which have caused its defectiveness,
– in the case of statutory recourse claims that you have against us in connection with rights of defects.
Section 5 Choice of Law
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Monica Elena Nedelcu
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS) platform, available under https://ec.europa.eu/odr (https://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 “Contracting” 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 saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser or saved electronically. After receipt of the order from us, the order data, the legally required information in the case of distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In case of quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or secure 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 methods
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 accessed via a correspondingly designated 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 the free delivery is sent promised.
5.3. Any costs incurred in the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU Member State but the payment has been made outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated in the individual payment methods, the payment entitlements 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. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item will not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or an other person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch will be at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Guarantee” provision in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were prepared by the lawyers of the Merchant Association, who specialise in IT law, and are constantly checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 10/23/2019