General Terms and Conditions
§ 1 General, application and definition
(1) The Seller (for more information, see § 2 (1)) offers through the online shop on the website www.electric-fence.info in particular animal containment and fencing kits. The following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order.
(2) Consumer means, in terms of these General Terms and Conditions, every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An Entrepreneur means, in terms of these General Terms and Conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers for the purposes of such terms and conditions are Consumers as well as Entrepreneurs.
(3) Individual contract agreements take priority over these General Terms and Conditions. Diverging, conflicting or complementary General Terms and Conditions do not become a part of the contract, unless, their validity is expressly agreed.
§ 2 Conclusion of the contract
(1) The presentation of the goods on the website of the Seller (ELEFANT-Weidezaungeräte, Inhaber Herr Reiner Voß e.K., Ohrstedt-Bhf Nord 5, 25885 Wester-Ohrstedt, Germany) does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the site, in particular this may lead to colour variations, as far as reasonable.
(2) The Customer can order on the Seller's website, by email or in writing. By clicking the "Commit to Buy" button within the order process on the website of the Seller, you submit a binding offer to conclude a purchase contract for the ordered goods.
(3) The Seller will immediately confirm the entrance of the Customer's order by email.
a) In the case of payment in advance/bank transfer, invoice (Klarna), credit card or by cash on delivery, the sales contract does not come into force upon receipt of the order confirmation but only once a separate e-mail has been sent with the order confirmation or upon delivery of the goods. The Seller is entitled to accept the contract offer contained in the order within 2 working days in the case of payment in advance/bank transfer, invoice (Klarna), credit card or by cash on delivery. The acceptance takes place when the Seller delivers the ordered goods within this period.
b) In the case of payment by debit card or PayPal, the sales contract comes into force upon receipt of the payment order. Condition for an effective contract conclusion is that the ordering process is completed with the sending of the order.
(4) The complete, or partially, conclusion of the contract is subject to correct and punctual supply to the Seller. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable strains to purchase the products. Any received form of payment will be otherwise immediately refunded. In case of non-availability or just partial availability of the goods the Customer is immediately informed.
(5) When the Customer orders on electronic way, the Seller stores the contract text and sends it to the Customer by email with the legally effective Terms and Conditions.
§ 3 Retention of title and rescission
(1) With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.
(2) With behaviour contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled to withdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.
(3) The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorised for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfil his payment obligation.
(4) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10 %. The choice of the securities to be flouted is incumbent upon the Seller.
§ 4 Prices
(1) The quoted price is binding. Prices include statutory Value Added Tax. Incurred shipping costs are included on following delivery cost report of the Seller (Delivery). Packaging costs are already included in this delivery costs.
(2) The Customer undertakes to pay the whole price within fourteen days after receipt of the order confirmation or the invoice by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate 8 points above the prime rate. During the default, the Entrepreneur has additionally to pay a lump sum of 40 euros This shall also apply if the Entrepreneur defaults on a part payment or an instalment payment. Regarding Entrepreneurs, the Seller reserves the right to assert a higher damage for delay. The lump sum mentioned in sentence 5 shall be credited to a due compensation claim if the damage is due to the costs of legal proceedings. deducted from the owed claim for damages in case that the damage is due to the costs for legal action.
(3) The Customer shall only be entitled to set off in case that his counterclaims are legally established, accepted or are not denied by the Seller. The right of the Customer to set off with contractual and other claims arose from the creation or execution of this contractual relationship shall remain hereby unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.
§ 5 Payment terms
(1) Customers may pay in advance/bank transfer, by credit card, debit card, Klarna, Paypal or cash on delivery. The Seller reserves the right to exclude certain terms of payment.
(2) In the case of payment by credit card, a (pre-authorised) reservation of the amount shall take place upon completing the order. The credit card account shall be debited upon delivery of the goods.
(3) In the case of payment by debit card, the Customer must have a transfer account capable of online banking at a participating bank. The account of the Customer shall be debited upon delivery of the order confirmation or shipping of the goods.
(4) In the case of payment on account, the payment shall take place via Klarna. The Terms and Conditions of Klarna shall apply.
(6) In the case of payment by cash on delivery, the Customer shall pay to the shipping company directly.
(7) Information regarding possible additional costs of the selected payment method should be found within our Customer information (Legal notice) and the means of payments overview (Secure payment) on our website.
§ 6 Delivery
(1) The Seller delivers only to the countries specified in the shipping information (delivery restrictions).
(2) The delivery time for deliveries within Great Britain shall be indicated on the respective offer site. The beginning of the delivery period shall be determined (depending on the selected payment method) under paragraph 3 to 5.
(3) In the case of payment in advance / bank transfer or PayPal, the delivery period begins one day after effecting the payment order. For all other payment methods, the delivery period begins one day after placing the order.
(5) In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.
(6) Concerning the subject to correct and punctual supply the Seller refers to § 2 (4) of these Terms and Conditions.
(7) The Seller is entitled to deliver in partial deliveries, taking into consideration that any conflicting interests of the Customer are not affected. This shall not affect the content of the contract. In case a partial delivery, no additional costs will be originated for the Customer.
§ 7 Passing of risk
(1) In case of Consumers, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Consumer at the time of the handover of the goods to the Customer. This also applies in case of sending purchases.
(2) In case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Entrepreneur once the goods have been given to the shipper, carrier or to the forwarding agent or company.
(3) This shall apply even if the Customer is in default of acceptance.
§ 8 Warranty
(1) The Customer has a statutory right of warranty, which is modified according to §§ 8, 9 from these General Terms and Conditions.
(2) The delivered products can slightly diverse from the products shown on the internet. § 2 (1) from these Terms and Conditions refers to this.
(3) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.
(4) If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant. Instead of demanding damages in lieu of performance, the Customer may demand reimbursement of the expenses, according to § 284 BGB (German Civil Code), which he has incurred in reasonable reliance on the receipt of performance, save where the purpose of the expenses would not have been achieved. In case of damage compensation in lieu of performance the Customer shall agree with the restrictions of liability § 9 (1) from these Terms and Conditions.
(5) Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice. §377 HGB (German Commercial Code) is valid for merchants.
(6) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.
(7) The warranty period for Consumers amounts two years from delivery of the product. Deviations of the warranty period for Entrepreneurs: A year from delivery of the product. The warranty period also amounts a year from delivery of the product in case of used goods. The one-year-old warranty period does not apply when the Seller is accusable of gross culpability or fraudulent intent, further not in case of personal injury, impairment to health and death of the Customer, in case of a guarantee as well as in case of a delivery recourse in accordance with §§ 478, 479 BGB (German Civil Code). The liability of the Seller according to the Product Liability Act remains unaffected.
(8) Differing from paragraph 7 the regular statutory limitation period shall apply when the Seller has fraudulently failed to disclose a defect.
(9) The Seller hands no guarantees in the legal sense over the Customer, unless otherwise agreed. Manufacturer's guarantees remain unaffected.
§ 9 Liability limitations
(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, the Seller is liable for the violation of the Customer's essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.
(2) The preceding restrictions of liability do not concern Customer's claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the supplier is accusable of personal injury, impairment to health and death of the Customer.
(3) The Seller is only liable for the own contents of his online shop on the website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.
§ 10 Jurisdiction and applicable law
(1) This agreement shall be governed by the laws of the Federal Republic of Germany. Concerning Consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considered if this allowed protection were detracted through the Consumer's usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. § 1613 paragraph 4 p. 8 TDSG (German Tele Services Data Protection Act) remains.
(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Seller's business location has its seat, provided that an exclusive jurisdiction is not given. The Seller is also entitled to sue the merchant at his residence or place of business Court. The competence remains unaffected due to an exclusive jurisdiction.
(3) We are neither willing nor obliged to participate in dispute settlement proceedings before a Consumer arbitration board.
We are obliged to inform you that in view of the socalled online dispute resolution, the European Commission provides a corresponding platform. You may find this platform under http://ec.europa.eu/consumers/odr/. In this context, we are also obliged to inform you about our e-mail address. This is firstname.lastname@example.org.