Terms and Conditions of Conditions and Customer Information
- Terms of Service
- 1 basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (in & out house GmbH) via the website www.elektrokaminShop.com. Unless otherwise agreed, the inclusion may be contradicted by them of their own conditions they used.
(2) Consumers within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes, which can be predominantly not attributed to neither their commercial nor their independent professional activity. Entrepreneurs is any natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.
- 2 Regarding the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we will submit a binding offer to conclude a contract through the online shopping cart system for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for sale are stored in the "shopping cart". Use the corresponding button in the navigation bar to call the "shopping cart" and make changes there at any time.
After calling the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
As far as you use a payment method as a payment method (e.g., PayPal / PayPal Express, Amazon Payments, Sofortueberweisung), you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the immediate code system.
If a forwarding takes place to the respective immediate code system, take the appropriate selection or input of your data. Finally, you will be displayed on the website of the provider of the immediate code system or after being returned to our online shop, the ordering data is displayed as an order overview.
Before submitting the order, you have the option of checking the information in the order overview again, modifying (also cancel the function "Back" of the Internet browser) or cancel the order.
With the submission of the order via the corresponding button ("order to be ordered" or similar name), you explain legally binding the acceptance of the offer, which causes the contract to come.
(4) Your requests for creating an offer are not binding for you. For this we will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (if no other deadline is not shown in the respective offer).
(5) The processing of the appointment and transmission of all information required in connection with the conclusion of the contract shall be automatically automated by e-mail. Therefore, they have to ensure that the e-mail address stored by us is true, the reception of the e-mails technically ensured technically and in particular not prevented by spam filters.
- 3 Special agreements on offer payment methods
(1) Payment via Klarna
In collaboration with Klarna Bank (Publ) (https://www.klarna.com/en/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
-Invoice: The payment period is 14 days from sending the goods/ the ticket/ or, for other services, the provision of the service. The complete accounting conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shahared/legal/terms/0/de_de/invoice), Austria (https:/ /cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
-Incitional purchase: With the financing service from Klarna you can pay your purchase in fixed or flexible monthly installments on the conditions specified in the cash register. The payment payment is due at the end of the month after a monthly bill by Klarna. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer loans for the countries in which this payment method is available, can be found here (only available in the countries specified): Germany (https://cdn.klarna.com/1.0/Shared /Content/Legal/Terms/0/de_DE/Account), Austria (https://cdn.klarna.com/1.0/shared/content/getal/terms/0/de_tlex_Account).
-Sofortüberweisung: Available in Germany and Austria. Your account is burdened immediately after the order is submitted.
-direct debit: the debit takes place after the goods are sent. You will be informed of the time by email.
-Credit card (Visa/MasterCard): Available in Germany and Austria. After sending the goods or tickets / availability of the service or in the event of a subscription according to the communicated times. The use of the payment methods invoice and/ or installment purchase and/ or direct debit requires a positive credit check. In this respect, we forward your data as part of the purchase and handling of the purchase contract to Klarna for the purpose of the address and credit check. Please understand that we can only offer you the number types that are permitted due to the results of the credit check.
You can find more information about Klarna here (https://www.klarna.com/de/smoooth- Mehrzuklarna/). The Klarna app can be found here (https://www.klarna.com/de/klarna-app/).
(2) Payment by "Secupay Credit Card", "Secupay direct debit" or "Secupay invoice purchase"
For the payment methods "Secupay Credit Card", "Secupay direct debit" or "Secupay invoice purchase", we enter our requested payment on you in full and irrevocably to Secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment using the data transmitted as part of the order, Secupay AG takes on a credit check.
We reserve the right to refuse the selected payment method as a result of the credit check, you will be informed about this before sending your order.
When the payment method "Secupay Credit Card" or "Secupay direct debit", Secupay AG accepts the assignment and subsequently moves the fee from its account via your credit card or by direct debit. Your banking or credit card account is loaded with the completion of the order.
When approved the payment method "Secupay billing", Secupay AG accepts the assignment and the ordered goods will be sent or delivered together with the invoice. The purchase price is due within 10 (ten) calendar days after delivery of the goods for payment to Secupay AG, Goethestraße 6, 01896 Pulsnitz due.
(3) SEPA direct debit (base and / or company accounts)
When paying by SEPA basic debit or by SEPA company account, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The collection of the direct debit takes place within 1-5 days of conclusion of the contract.
The deadline for the transmission of pre-notice (pre-notification) is shortened to 5 days before the due date. They are obliged to ensure sufficient coverage of the account at the due date. In the case of a backlog due to their fault, they have to bear the incurred bank fee.
- 4 Right of retention, retention of title
(1) A right of retention can only be exercised insofar as they are receivables from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you entrepreneurs, the following applies:
- a) We reserve the ownership of the goods to complete compensation of all claims from the current business relationship. Before transitioning property to the reserved goods, a pledge or security transfer is not permitted.
- b) You can resell the goods in the ordinary course of business. In this case, you already enter us all claims in the amount of the invoice amount, which will give you on the resale, we accept the assignment. They are further authorized to confiscate the claim. Insofar as they do not meet their payment obligations properly, we reserve the right to collect the requirement himself.
- c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
- d) We undertake to relocate the collateral due to us to their requests to the extent that the realizable value of our collateral exceeds the claim to be secured by more than 10%. The selection of securities to be released is responsible for us.
- 5 warranty
(1) The statutory defect liability rights exist.
(2) As a consumer, they are asked to check the matter at delivery immediately for completeness, obvious defects and transport damage and to communicate us as well as the freight forwarder complaints as soon as possible. If you do not come after that, this has no impact on your statutory warranty claims.
(3) Insofar as it is entrepreneur, deviating from the above warranty regulations:
- a) As a condition of the matter, only our own information and the product description of the manufacturer are agreed, but not other advertising, public anchors and utterances of the manufacturer.
- b) In case of defects, we ensure warranty by rework or subsequent delivery. If the lack of defects fails, you can demand a reduction or withdraw from the contract according to your choice. The removal of defects is subject to unsuccessful second attempt as failed if there is nothing else in particular from the nature of the matter or lack of or other circumstances. In the case of repair, we do not have to bear the increased costs arising from the shipment of the goods to another place as the place of performance, provided that the shipment does not match the intended use of the goods.
- (c) the warranty period is one year from delivery of the goods. The deadline reduction does not apply:
- for us attributable culpably caused damage caused by violation of life, body or health and intentional or grossly negligent other damages;
- as far as we have concealed the lack of malicious or have taken over a guarantee for the nature of the matter;
- for things that have been used in accordance with their usual use for a building and causing its defectiveness;
- For legal recourse claims, which you have in connection with deficiencies against us.
- 6 choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection provided by compelling provisions of the state of the usual residence of the consumer is not deprived (favorable principle).
(2) Place of performance for all services from the business relationships with us as well as the place of jurisdiction is our headquarters, insofar as they are not consumers, but businessman, legal entity of public law or public fundamental funds. The same applies if they have no general place of jurisdiction in Germany or the EU or is unknown to residence or habitual residence at the time of filing. The authority to call the General Court to another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.
- Customer information
- Identity of the seller
In & Out House GmbH
Landrat-Kaptain Street 51
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online dispute resolution (OS platform), callable at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
- Information on the conclusion of the contract
The technical steps at the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are made in accordance with the provisions "concluding the contract" of our General Terms and Conditions (Part I.).
- 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 order via the online shopping cart system, the contract data can be printed out or electronically secured via the printing function of the browser. After receipt of the order with us, the order data, the statutory information for distance contracts and the general terms and conditions again transmitted by e-mail to you.
3.3. For quote requests outside the online shopping cart system, you will receive all the contract data as part of a binding offer in text form, e.g. e-mail, which you can print or electronically secure it.
- Essential characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the respective offer.
- Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all accumulating taxes.
5.2. The shipping costs are not included in the purchase price. They are accessible via a correspondingly designated button on our website or in the respective offer, separately are shown in the course of the ordering process and must be borne by you, as far as the free shipping is pledged.
5.3. Cost of money transfer (transfer or exchange rate charges of credit institutions) are to be borne by you in cases where delivery takes place in an EU Member State, but the payment has been made outside the European Union.
5.4. The payment methods available to them are reported 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 closed contract are due immediately to payment.
- delivery terms
6.1. The delivery conditions, the delivery date and optionally existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. As far as it is consumers, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold transfers only with the transfer of the goods to you, regardless of whether the shipment is assured or uninsured. This does not apply if they have independently commissioned a transport company not named by the entrepreneur or otherwise to the execution of the dispatch.
If you are entrepreneurs, the delivery and shipment is at your risk.
- Legal defect liability law
The defect liability depends on the regulation "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the merchant of the merchant of the merchant of the merchant and are permanently audited on legal conformity. Dealer Bund Management AG guarantees the legal certainty of the texts and is liable in the case of warnings. Further information can be found at: https://www.haendlerbund.de/en/ungen/ungsicherheit/agb-service (https://www.haendlerbund.de/en/ungen/ungsicherheit/agb-service).
Last update: 27.10.2020