General Terms and Conditions of Business of Semhof, Hauptstr. 16, 86757 Wallerstein (as of 01.01.2019)
The following General Terms and Conditions (hereinafter referred to as "GTC") and consumer information apply within the framework of purchase contracts concluded via the online shop between Semhof, owner Simone Meyer, Hauptstr. 16, 86757 Wallerstein (hereinafter referred to as "Provider") and the customer, which are concluded via the Provider's website www.semhof.de.
1. Scope of application
1.1. These General Terms and Conditions apply - subject to individual agreements and agreements which have priority over these General Terms and Conditions - in the version valid at the time of the order for all contracts concluded via the online shop of the provider between the provider and the customer.
1.2. The product offer in the online shop of the provider is aimed equally at consumers and entrepreneurs. For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB), and an entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of his commercial or self-employed professional activity when concluding a legal transaction (§ 14 BGB).
1.3. These GTC are decisive for the relationship between the provider and the customer to the exclusion of contradictory, deviating or supplementary terms and conditions of the customer, unless the provider accepts such terms and conditions in writing. This shall also apply if the Provider unconditionally performs after becoming aware of contradictory, deviating or supplementary terms and conditions of the Customer.
1.4. The Provider reserves the right to amend the General Terms and Conditions from time to time without prior notice. The version of the GTC valid for the customer's order is the one published on www.semhof.de at the time of the order.
2. Conclusion of contract
2.1. The presentation and advertising of goods in the online shop of the provider is non-binding and does not constitute a binding offer to conclude a contract, but merely a non-binding invitation to the customer to submit a corresponding offer through his order.
2.2. The customer can add goods in the online shop of the provider via the button "Add to shopping cart" to his virtual shopping cart, but he does not yet make a legally binding order. After the customer has entered his personal data (e.g. name, address, e-mail) and clicked on the "Buy" button at the bottom of the order process, he is given the opportunity to check his entries again and correct them if necessary. Only in a further step, by clicking on the button "Order payable", does the customer place an order and thus a legally binding offer to conclude a purchase contract. However, the customer can only place the order if he declares his agreement with the general terms and conditions read and understood by him and makes them the basis of his offer by ticking the box next to the words "I have read and accept the general terms and conditions and data protection declaration of Semhof". Here the customer also has the possibility to retrieve and save the general terms and conditions and the data protection declaration.
2.3. The provider will immediately send the customer a confirmation of receipt of the order (order confirmation) by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, so that no contract is concluded as a result thereof, unless the acceptance is declared in addition to the confirmation of receipt.
2.4. After receipt of the order, the supplier will check it immediately and inform the customer by e-mail within two working days whether he accepts the order. A sales contract is only concluded when the supplier accepts the customer's order by means of a separate declaration of acceptance (order confirmation) or by sending the ordered goods.
2.5. As far as the customer does not have a registered customer account, the supplier does not save the contract text after the conclusion of the contract. However the customer can call up and store the AGB and the order overview with contract conclusion. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
3. Delivery, availability of goods
3.1. If no copies of the product selected by the customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
3.2. If the product specified by the customer in the order is only temporarily unavailable, the supplier will inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the consumer has the right to withdraw from the contract. In addition, in this case the supplier is also entitled to withdraw from the contract.
3.3. In the case of an entrepreneur, this shall apply additionally:
3.3.1. Delivery shall be made subject to the possibility of delivery. The delivery time is subject to change without notice. Partial deliveries are permissible.
3.3.2. In the event of a delay in delivery, the customer shall only be entitled to withdraw from the contract after having set a reasonable grace period. If a delivery is made within this grace period, all rights arising from the delay shall lapse for the customer. Upon expiry of the unsuccessful grace period, the customer shall only be entitled to a right of rescission.
4. Retention of title
4.1. The delivered goods remain the property of the supplier until full payment has been made.
4.2. Before transfer of ownership, pledging, transfer by way of security, further processing or repackaging is not permitted without the written consent of the Supplier.
4.3. The customer hereby assigns to the supplier all claims and rights against third parties to which he is entitled from the sale, processing, mixing or other transfer of the goods, including all ancillary and preferential rights. If the delivered goods - regardless of their condition - are sold, processed, mixed or otherwise passed on to third parties, all claims against the third party shall be transferred to the Supplier in full and without further ado as soon as they arise.
4.4. The customer is obliged to provide the supplier with information about the whereabouts of the goods subject to retention of title at any time as long as the supplier's claims are still outstanding. If the provider asserts his claim for surrender, the customer already now permits him to take possession of the goods subject to retention of title without judicial recourse and to enter the place where the goods are located for this purpose.
4.5. For an entrepreneur, this shall also apply:
4.5.1. The delivered goods remain the property of the supplier until all claims of the supplier have been settled. This shall also apply if the purchase price for individual deliveries has already been paid.
4.5.2. If the goods are further processed or mixed, the retention of title shall also extend to the objects manufactured therefrom.
4.5.3. He shall store the goods in his possession which are subject to retention of title free of charge and protected from harmful environmental influences for the supplier.
5. Prices, shipping costs and transfer of risk
5.1. All prices stated on the provider's website are inclusive of the applicable statutory value added tax.
5.2. Unless expressly stated otherwise, the corresponding shipping costs are stated on the website and are to be borne by the customer.
5.3. Shipment of the goods shall be effected by post or via a forwarding agent. If the customer is a consumer, the supplier bears the shipping risk.
5.4. For an entrepreneur, this applies additionally:
5.4.1. As soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse for dispatch, the risk passes to the customer. A shipment specifically requested by the customer is always effected ex works or agreed pick-up point at the customer's expense and at the customer's full risk.
5.4.2. The customer shall bear the expenses and costs for proper disposal of the packaging.
6. Terms of payment
6.1. Unless otherwise agreed, payment shall be made without deductions within 10 days of the invoice date. If payment is made later, the supplier is entitled to demand reminder costs.
6.2. Offsetting against counterclaims is excluded, unless these have been legally established or are undisputed between the parties.
6.3. If the goods are collected by the customer, the supplier shall announce the date for the provision of the goods. The customer is obliged to collect the delivery within 14 days after receipt of the delivery date. If the goods are not collected within the set period, the Supplier may demand compensation of 0.2% to a maximum of 5% of the value of the goods for storage for each day commenced. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, the provider is entitled to demand compensation for the damage incurred, including any additional expenses. The provider reserves the right to make further claims.
6.4. In the event of default in payment, all claims arising from the business relationship shall become due immediately, even if they have been deferred.
7. Warranty for material defects, notification of defects, guarantee
7.1. The provider is liable for material defects to consumers in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). BGB.
7.2. An additional guarantee exists with the goods supplied by the offerer only if this was expressly delivered in the confirmation of order to the respective article.
7.3. For an entrepreneur applies additionally:
7.3.1. The delivered goods are to be examined by the customer immediately after receipt for any defects. The obligation to inspect extends to the entire delivery. The supplier warrants that the goods are free from defects ex works.
7.3.2. The goods shall be stored properly and in a place suitable for animal feed and shall be protected against loss, destruction and damage. Complaints of any kind are to be made immediately, but at the latest within 7 days after receipt of the goods, in any case however before passing on, consumption or processing, to the supplier by giving precise details of the alleged individual defects and by sending an additional sample of the defective goods. Notices of defects which do not meet these requirements or which are only raised during or after the consumption or the processing of the goods shall not be valid, with the result that a warranty shall lapse completely. The customer bears the sole and full burden of proof that the notified defect was already present at the time of the transfer of risk and did not occur afterwards.
7.3.3. If the notice of defect has been raised and substantiated in good time, the Supplier shall take back the defective goods, insofar as they are still in the condition of delivery, and shall replace them free of charge with other goods subject to the possibility of delivery. However, the supplier is entitled to refund the purchase price instead of a replacement delivery. If the replacement goods are also defective, the customer shall also be entitled, at his option, to an appropriate reduction of the remuneration or rescission of the contract.
7.3.4. Further claims, e.g. the reimbursement of transport, travel, labour, material and other costs incurred without the express consent of the Supplier, as well as claims for compensation for delay and other direct or indirect damages, are excluded. Should the exclusion of claims for damages be legally ineffective due to the special circumstances of the individual case, the liability for damages shall be limited to the value of the goods complained of.
7.3.5. Warranty claims expire 6 months after delivery of the goods at the latest. If obvious defects are present, the warranty claims shall however become statute-barred within one month after the rejection of the notice of defects by the supplier.
7.3.6. As long as the customer has the goods in his possession, he bears the risk.
8.1. The liability of the provider, his legal representatives and vicarious agents for damages is limited to intent and gross negligence. This does not apply to liability due to injury to life, limb and health, in the event of death, personal injury or death.
In the event of fraudulent intent, the assumption of a guarantee, breaches of cardinal obligations and on account of the Product Liability Act. For the purposes of these terms and conditions, cardinal obligations shall be those obligations which enable the proper performance of the contract in the first place and on the performance of which the customer therefore relies and may rely.
8.2. In the event of liability for the slightly negligent breach of cardinal obligations, the liability of the provider shall be limited to compensation for the foreseeable, typically occurring damage. This shall not apply to liability for injury to life, limb or health, in the event of fraudulent intent, the assumption of a guarantee or on the basis of the Product Liability Act.
9. Consumer's right of revocation
9.1. If the customer is a consumer, the customer is entitled to a right of revocation in accordance with the statutory provisions.
9.2. If the customer makes use of his right of withdrawal as a consumer, he has to bear the regular costs of the return.
9.3. In the event of revocation, repayment shall be made to the account used by the customer for payment. If the Customer has paid by Paypal or credit card, the refund will be made to the associated Paypal or credit card account.
9.4. In all other respects, the provisions set out in detail below shall apply to the right of withdrawal.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
In order to exercise your right of withdrawal, you must inform us,
Semhof company, owner Simone Meyer
T: +49 (0) 90 81 / 9 02 52 40
E-mail: [email protected]
inform you by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is attributable to a handling of the goods which is not necessary to inspect their condition, properties and functionality.
End of the revocation instruction
(If you want to cancel the contract, please fill out this form and send it back.)
To Semhof, owner Simone Meyer, Hauptstr. 16, 86757 Wallerstein; e-mail: [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/ received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only for paper notifications)
(*) Delete as appropriate.
10. Information on data processing
10.1. The provider collects data of the customer within the framework of the handling of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
10.2. Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
11. Information according to § 36 VSBG
The supplier shall inform the customer that he is not willing or obliged to participate in a dispute settlement procedure before a consumer redress body.
12. Final provisions and place of jurisdiction
12.1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
12.3. The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any.