Conditions

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Nils Lauer) via the www.nlcarbon.de website. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and / or the provision of repair services and / or the provision of assembly services.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and / or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your 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 you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "Buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days.

(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 e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You 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 at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third party claims asserted 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 correctness and we do not assume any liability for errors.

§ 4 Provision of services for assembly services

 

(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.

 

(2) The service is provided on the agreed dates.

 

(3) You are obliged to cooperate. In particular, at the time the assembly services are performed, you have the opportunity to walk into the premises in an accessible and reasonably hazard-free condition. You are also obliged to provide us with electrical energy and, if necessary, water. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to meet your obligations to cooperate. To do this, we will set you a reasonable period during which you can make up for the necessary cooperation.

 

(4) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet started. If the statutory right of withdrawal exists, this only applies if you only make use of your right of termination after the withdrawal period has expired. You have the right to prove that we actually incurred no or significantly lower costs. §

 

§ 5 Service provision for repairs

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief, personally or through third parties.

(2) You are obliged to cooperate, in particular you have to describe the existing defect in the device as comprehensively as possible and to make the defective device available.

(3) You bear the costs of sending the defective device to us.

(4) Unless otherwise specified in the respective offer, the repair, including the sending of the device for dispatch, takes place within 5 - 7 days of receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).

(5) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet started. If the statutory right of withdrawal exists, this only applies if you only make use of your right of termination after the withdrawal period has expired. You have the right to prove that we actually incurred no or significantly lower costs.

§ 6 Special agreements on the payment methods offered

(1) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be passed on to Universum Inkasso GmbH, Hanauer Landstrasse 164, 60314 Frankfurt, for the purpose of checking creditworthiness on the basis of mathematical and statistical procedures in order to safeguard our legitimate interests. We reserve the right to refuse the payment method on account or direct debit as a result of the credit check.

§ 7 right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims 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 also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods 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 to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 8 Warranty

(1) The statutory warranty rights apply.

(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect appears within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:

- culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.

(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the forwarding agent of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment 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 deadline does not apply:

- culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- In the case of legal recourse claims that you have against us in connection with warranty rights.

§ 9 Choice of law

(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The provisions of the UN Sales Convention expressly do not apply.


II. Customer information

1. Identity of the seller

Nils Lauer

Schulze-Delitzsch-Str. 24
33100 Paderborn
Germany
Phone: 0176-10302198
Email: info@nlcarbon.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the formation 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. The contract language is German.

3.2. We do not save the full text of the contract. Before sending 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 we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. For requests for offers outside of 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. Essential characteristics of the product or service

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 called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the banks), which you must bear.

5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.

5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, 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 another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract as well as the termination conditions can be found in the regulations on "assembly services" in our general terms and conditions (Part I), as well as in the respective offer.

8.2. Information on terminating the contract and the terms of termination can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).

last update: 23.10.2019

 

Notice according to § 36 Consumer Dispute Settlement Act (VSBG)

We are ready to participate in a dispute settlement procedure at the following consumer arbitration board:

General consumer arbitration board of the Center for Arbitration eV
Straßburger Strasse 8
77694 Kehl on the Rhine

www.verbrauchschlichter.de

To carry out the dispute settlement procedure, there is the option of using the online dispute settlement platform ("OS platform" for short) as a contact point for consumers and entrepreneurs who want to settle disputes arising from legal transactions concluded online, out of court, under the following link:
https://webgate.ec.europa.eu/odr.