§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with me as a provider (Melanie Schwarzer). Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation 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 installation services.
My offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can send me inquiries for the purchase of goods or for the preparation of an individual offer or for the booking of repair services or for the booking of assembly services via the platform function “Write message”. Your inquiries are non-binding for you. I submit a binding offer to you via message via the platform, which you can accept within 5 days by confirmation via message via the platform.
§ 3 Individually Designed Goods
(1) You shall provide me with the suitable information, texts or files required for the individual design of the goods by message via the platform or by e-mail no later than immediately after conclusion of the contract. My possible specifications on file formats are to be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names, trademark rights) or violates existing laws. You expressly release me from all third-party claims asserted in this context. This also applies to the costs of legal representation required in this context.
(3) I do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as specified in the respective offer, you will receive a draft correction from me, which you must check immediately. If you agree with the draft, you release the proof by countersignature in text form (e.g., e-mail) for execution.
The design work will not be carried out without your approval. You are responsible for checking the proof for correctness and completeness and for informing me of any errors. I do not assume any liability for unclaimed errors.
§ 4 Performance of Assembly Services
(1) Insofar as assembly services are the subject matter of the contract, I shall owe the assembly work resulting from the service description. I shall perform this work personally or through third parties to the best of my knowledge and belief.
(2) The services shall be rendered on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time of performance of the installation services, you shall provide the opportunity to enter the premises in a walk-in and reasonably hazard-free condition. Furthermore, you are obligated to provide me with electrical power and water, if necessary. I am entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 of the German Civil Code (BGB), insofar as you do not comply with your obligations to cooperate. For this purpose, I will set you a reasonable deadline during which you can make up for the necessary cooperation services.
(4) If you make use of your right of termination according to § 648 S. 1 BGB (German Civil Code), I may demand 10% of the agreed remuneration as a lump-sum payment if performance has not yet commenced. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that I have actually incurred no costs or significantly lower costs.
§ 5 Performance of Services for Repairs
(1) Insofar as repair services are the subject matter of the contract, I shall owe the repair work resulting from the service description. I shall perform these to the best of my knowledge and belief either personally or through third parties.
(2) You are obligated to cooperate, in particular you have to describe the existing defect in the product as comprehensively as possible and to make the defective product available.
(3) You shall bear the costs for sending the defective product to me.
(4) Unless otherwise stated in the respective offer, the repair, including surrender of the product for shipment, will be carried out within 5 – 7 days after receipt of the product to be repaired (in case of agreed advance payment, 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 (German Civil Code), I may demand 10% of the agreed remuneration as a lump-sum payment if performance has not yet commenced. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that I have actually incurred no costs or significantly lower costs.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain my property until full payment of the purchase price.
§ 7 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) In the case of used items, claims for defects shall be excluded if the defect only becomes apparent after one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, the defect claims may be asserted within the statutory limitation period of two years from delivery of the item.
The above limitation shall not apply
for culpably caused damages from injury to life, body or health attributable to me and for other damages caused intentionally or by gross negligence;
insofar as I 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 immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 8 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Melanie Schwarzer
Geschwister-Gerrits-Str. 8
47626 Kevelaer
Germany
Phone: +49 28 32/97 90 697
E-mail: service@atelier-m73.de
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself take place in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1 The Contract Language Is German.
3.2 The complete contract text is not stored by me. You will receive all contract data, including the legally required information for distance contracts and the General Terms and Conditions, as part of a binding offer sent by message via the platform, which you can print or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or services can be found in the advertisement description and in our binding offer.
5. Prices and Payment Modalities
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 will be shown separately in my binding offer and are to be borne by you additionally, unless free shipping is promised.
5.3 The payment methods available to you are shown in my binding offer.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.5 Unless otherwise agreed, when booking courses, payment must be made on the course date on site before the start of the course at the latest, otherwise there is no right to participate.
6. Delivery Conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found in my binding offer.
6.2 Unless otherwise stated in my binding offer, the delivery of the goods within 3-5 days after the conclusion of the contract (in case of agreed advance payment, however, only after the date of your payment instruction).
6.3 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 any other person designated to carry out the shipment.
7. Legal Liability for Defects
Liability for defects is governed by the “Warranty” provision in my General Terms and Conditions (Part I).
8. Termination
8.1 Information on the termination of the contract and the terms of termination can be found in the provisions on “Installation Services” in my General Terms and Conditions (Part I), as well as in the respective offer.
8.2 Information on the termination of the contract as well as the terms of termination can be found in the regulations on “Repair Services” in my General Terms and Conditions (Part I), as well as in the respective offer.
Last update: 03.02.2022
