General Terms and Conditions

from variata Dorit Lang GmbH & Co. KG, Kisslingweg 50, 75417 Mühlacker, Germany

Status: August 2020

1. Validity of terms and conditions, general information

1.1 Our general terms and conditions apply to all contracts that a consumer (hereinafter “customer”) concludes with us as a seller (hereinafter “seller” or “entrepreneur”) with regard to the goods and / or services offered by us. Any general terms and conditions of the customer do not apply.

1.2 Customer information

a. Identity of the seller
The company variata Dorit Lang GmbH & Co. KG, Kisslingweg 50, 75417 Mühlacker, Germany, phone +49 7041 8700-0, fax +49 7041 8700-99, t.walter@variata.de is the seller. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr (http://ec.europa.eu/odr). We are not prepared to take part in dispute settlement proceedings before consumer arbitration boards.

b. 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 Section 2 of our General Terms and Conditions.

c. Contract language, contract text storage

aa. Contract language is German.

bb. We do not save the full text of the contract. Before sending the order, 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.

d. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.

e. Prices and payment methods

aa. 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.
bb. The shipping costs are not included in the purchase price. They can be called up 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.

cc. The payment methods available to you are shown in the respective offer.

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

f. delivery terms

aa. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer. Unless otherwise specified in the respective offer, the goods will be delivered within 1 – 3 days of the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).

bb. The risk of accidental loss and accidental deterioration of the sold item 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.

G. Statutory warranty law

aa. The liability for defects for our goods is based on the regulation “liability for material defects” in our general terms and conditions, section 8.

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

2. Contract processing internet shop

2.1.1 Our product descriptions do not represent any binding offers, but merely serve for the submission of a binding offer by the customer.

2.1.2 The customer can submit the offer using the integrated online order form. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit his offer to us by telephone, fax, e-mail or post.

2.1.3 The seller can accept the customer’s offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, whereby the customer’s receipt of the goods is decisive, or
• by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.1.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.1.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account by providing the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.

2.1.6 Before the binding submission of the order using the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.

2.1.7 Only the German language is available for the conclusion of the contract.

2.1.8 The order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3. Processing amazon.de
Select the goods you want by clicking the button in the shopping cart. The item will then be added to your shopping cart. If you click on the shopping cart, the selected items will be displayed. You can delete the articles in here or change the number. By clicking the button “proceed to checkout” you will be redirected to a page on which you can either first take the opportunity to register as a new customer or log in as a registered customer. If you click on “continue”, you can enter the delivery address. If you click on “continue” you can determine the type of dispatch. If you click on “continue”, you can determine the payment method and enter your data for payment transactions. If you click on next, you can correct your information again.If you click on “Submit order”, the sales contract for this item has been concluded.
Correction of entries: You can correct your entries before submitting your order using the technical means made available by Amazon, namely using the usual mouse and keyboard functions in the corresponding input fields, using the back button of your browser on the previous offer – or order page. Corrections can no longer be made after clicking the “Submit order” button. You can also correct input errors by canceling the order process and starting again if necessary. Please also pay attention to the information provided by Amazon on correcting entries.

4. Processing ebay.de

4.1 If an article is placed on eBay by the seller, the activation of the eBay offer page constitutes the binding offer to conclude a purchase contract under the conditions contained in the article page. The eBay terms and conditions apply to the conclusion of the contract, in particular §§ 10 ff., A corresponding link can be found at the bottom of every eBay page. Clicking on the “Buy it now”, “Bid” or “Suggest a price” buttons on the article pages does not yet lead to binding contractual declarations. Rather, the buyer has the option to check his entries afterwards and to correct them using the “Back” button of the Internet browser or to cancel the purchase. This option no longer exists until the binding contract declaration has been submitted.From the menu navigation of eBay when making a purchase, it can be seen by which declaration the buyer enters into a bond and by which action the contract is concluded.

4.2 The bidder accepts the offer by submitting a bid using the bidding function. The bid expires if another bidder submits a higher bid during the offer period. At the end of the auction or if the offerer’s offer ends prematurely, a contract for the purchase of the item is concluded between the offerer and the highest bidder, unless the offerer was legally entitled to withdraw the offer and delete the existing bids. After a legitimate bid withdrawal, no contract is concluded between the member who is again the highest bidder after the auction has ended due to the bid withdrawal and the provider. The provider and the highest bidder can agree that a contract is concluded.

4.3 Each bidder can submit a maximum bid at an auction. The maximum bid represents the maximum amount that the bidder is willing to pay for the item. The maximum bid remains hidden from the seller and other bidders. If other members bid on the article, the current bid is automatically increased step by step so that the bidder remains the highest bidder until his maximum bid has been outbid by another member.

4.4 Providers can set a minimum price for an auction under certain conditions, which differs from the starting price. In this case, a contract will not be concluded if the bid of the highest bidder does not reach the minimum price at the end of the auction.

4.5 If a provider places an article in the Buy It Now offer format, he makes a binding offer that other members can purchase the article at the specified price. The contract is concluded when a member clicks the “Buy It Now” button and confirms the process. On eBay, the detection and correction of input errors in orders with the immediate purchase option is guaranteed by the fact that the customer is shown an overview page for checking before the effective purchase, with the help of which he can check all details of the order and, if necessary, the order process can cancel. After entering the buy-it-now function, you will be asked for confirmation in a further step.In the case of bid auctions, after the bid has been entered, it is displayed again and must be confirmed to be effective.

4.6 Correction of entries: You can correct your entries before submitting your order using the technical means made available by eBay, namely using the usual mouse and keyboard functions in the corresponding entry fields, using the back button of your browser the previous offer or order page. After clicking the “Buy it now” button, corrections are no longer possible. You can also correct input errors by canceling the order process and starting again if necessary. Please also pay attention to the instructions provided by eBay for correcting entries.

5. Right of withdrawal
If the customer as a consumer has a right of withdrawal according to the statutory provisions, the following applies:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must contact us at variata Dorit Lang GmbH & Co. KG, Kisslingweg 50, 75417 Mühlacker, Germany, phone +49 7041 8700-0, fax +49 7041 8700-99, t.walter@variata.de a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence thatthat you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

6. Prices and terms of payment

6.1 Unless otherwise stated in the seller’s offer, the prices given are final prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately.

6.2 The customer has various payment options available, each of which is specified.

6.3 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.

7. Delivery
The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.

8. Retention of title
The seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

9. Liability for material defects
If there is a defect in the purchased item, the statutory provisions apply.
For consumers, the limitation period for claims for defects is
• For new goods, two years from delivery of the goods to the customer.
• For used goods, one year from delivery of the goods to the customer.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
The seller is fully liable for any legal reason
• in case of intent or gross negligence,
• in the event of negligent or willful injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as the product liability law.
If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above regulation. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

10. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, but only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

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