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 provider (in & out house GmbH) via the website www.elektrokaminshop.com. Unless otherwise agreed, the inclusion of your own conditions you use may object.
(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.
§ 2 Create of the contract
(1) The subject of the contract is the sale of goods.
(2) With the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online goods basket system on the conditions specified in the article description.
(3) The contract comes about via the online goods basket system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Cash" button or "Continue ordering" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.
Insofar as you use an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, immediately, Giropay), you will either be led to the order overview page in our online shop or on the website of the provider of the instant number system forwarded.
If there is forwarding to the respective immediate number of instant system, you can use the corresponding selection or enter your data. Finally, you will be displayed as an order overview on the provider of the immediate number of immediately or after you have been guided back to our online shop.
Before sending the order, you have the option of changing the information in the order overview again, changing (also via the "Back" function "of the internet browser) or canceling the order.
By submitting the order via the corresponding button ("order", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar name) explain the acceptance of the offer, whereby thereby the contract comes about.
(4) Your inquiries for creating an offer are non -binding for you. We submit a binding offer in text form (e.g. by email), which you can accept within 5 days (if no other period is shown in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In collaboration with Klarna Bank (publ) (Publ) (https://www.klarna.com/de/), Sveafen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 30 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 is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
- In installment purchase: With the financing service from Klarna you can pay for 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/legal/terms/0/de_at/flex_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 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.
Further information and KLEISHNAS Use conditions can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). You can find general information about Klarna here (https://www.klarna.com/de/). Your personal information will be done by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarne's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy) treated.
More information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app 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 will 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.
If the payment method "Secupay Credit Card" or "Secupay direct debit" is admitted, Secupay AG accepts the assignment and subsequently absorbs 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 the "Secupay Inviation" payment method is admitted, Secupay AG accepts the assignment and the order ordered 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.
(3) Sepa direct debit when paying by SEPA direct debit authorized us by granting a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit is moved in within 1-5 days of the conclusion of the contract.
The deadline for the transmission of the preliminary announcement (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient coverage of the account for the due date. In the event of a return debit due to your fault, you have to bear the bank fee.
§ 4 Return rights, retention of title
(1) You can only exercise a right of retention insofar as it is 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 applies in addition:
a) We reserve ownership of the goods until all demands from the ongoing business relationship. Before 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 are already entering all claims in the amount of the invoice amount that grows from resale from resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.
c) In the event of connection and mixing of the goods subject to retention of title, 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 release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.
§ 5 Warranty
(1) There are the legal liability rights.
(2) As a consumer, you are asked to check the goods immediately for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if it was informed of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as they are entrepreneurs, deviating from the above warranty regulations:
a) Only our own information and the product description of the manufacturer are considered agreed as the nature of the goods, but not other advertising, public prices and statements by the manufacturer.
b) In the event of defects, we provide guarantee by rectification or subsequent delivery. If the deficiency has failed, you can request a reduction or withdraw from the contract after your election. After unsuccessful second attempt, the elimination of defects is considered failed if something else does not result from the type of goods or the defect or the other circumstances. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The deadline is not reduced:
- Damage from the violation of life, body or health and health caused by us and in the event of intentionally or gross negligence other damage;
- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;
- in the case of things that have been used for a building according to their usual use and whose deficiency have caused;
- In the case of statutory recourse claims that you have in connection with defects rights against us.
Section 6 of the law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).
(2) The place of performance for all services from the business relationships and the place of jurisdiction that exist with us is our seat, unless you are a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN sales law expressly do not apply.
II. Customer information
1. Identity of the seller
In & out house GmbH
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), called up at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "state of the contract" of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. For offer inquiries outside the online goods basket system, you will receive all contract data sent in text form as part of a binding offer, e.g. by email, which you can print out or secure electronically.
4. Behavioral codes
4.1. We have submitted to the buyer seal quality criteria of the dealer association Management AG, visible at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential features of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed.
6.3. The resulting costs of the transmission of money (transfer or exchange rate fees of the credit institutions) must be borne by you in the cases in which delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are consumers, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.
If you are an entrepreneur, the delivery and dispatch takes place at your risk.
8. Statutory liability law
The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).
These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last update: 01.01.2022