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Discover our productsGeneral Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 General provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Sascha Syrzisko) via the website www.windowfilms-online.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of goods. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "checkout" or "proceed to checkout" button (or similar designation) and entering your personal details as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview. Before submitting the order, you have the option to review the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "order with costs" or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received such a message, you are no longer bound by your order. Any services already rendered will be refunded to you immediately in this case.
(4) Your requests for the preparation of an offer are non-binding for you. We will send you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Individually designed goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data the content of which infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for accuracy of content and assume no liability for errors in this respect.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout": When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall additionally apply: a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before ownership of the goods subject to retention of title has been transferred. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not duly fulfil your payment obligations, we reserve the right to collect the claim ourselves. c) In the event of combination and mixing of goods subject to retention of title, we 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 items at the time of processing. d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 6 Warranty
(1) The statutory warranty rights 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 quickly as possible. Failure to comply with this request has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions: a) Only our own statements and the product description of the manufacturer shall be deemed agreed as the quality of the goods, but not other advertising, public praise and statements of the manufacturer. b) In the event of defects, we shall provide warranty by repair or replacement at our discretion. If the remedy of defects fails, you may, at your discretion, demand a reduction or withdraw from the contract. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises in particular from the nature of the goods or the defect or the other circumstances. In the case of repair, we shall not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, insofar as the transport does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply: to damages attributable to us caused culpably by injury to life, body or health and to other damages caused intentionally or through gross negligence; insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item; to items which have been used in accordance with their customary use for a building and have caused its defectiveness; to statutory recourse claims which you have against us in connection with warranty rights.
§ 7 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Sascha Syrzisko
Stock 21
47918 Tönisvorst
Germany
Tel: +49 2156 9142290
E-Mail: info@windowfilms-online.com
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of "Conclusion of contract" in our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text
3.1. The contract language is English.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of conduct
We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred 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 free delivery is promised.
6.3. For deliveries to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Costs arising from money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is statutory that the risk of accidental destruction and accidental deterioration of the sold goods during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I.).
These Terms and Conditions and Customer Information were created by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings.
Last updated: 22.10.2024