General terms and conditions

General Terms and Conditions

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
 

The purchase contract is concluded with activera Sabine Wotschke.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
When the contract with us comes into effect depends on the method of payment you have chosen:

Invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Pre-payment
We will accept your order by sending you a separate e-mail with a statement of acceptance within two days, in which we will provide you with our bank details.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we will request PayPal to initiate the payment transaction and thus accept your offer.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
 

We store the text of the contract and send you the order data and our GTC by e-mail. You can view the text of the contract in our customer login.
 

Shipment costs will be added to the stated product prices. You can find out more about the shipping costs in the offers.

We only deliver within Germany.

We only deliver by mail order. Unfortunately, self-collection of the goods is not possible.

In our shop, the following payment methods are generally available to you:

Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the payment method PayPal, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

If you have selected the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.

If you have chosen the payment method Direct debit, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

If you have chosen the payment method Invoice, you do not need to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal - in addition to our GTC - the GTC and the privacy policy of PayPal apply. You can find further information and the complete PayPal terms and conditions for purchase on account here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
 

The goods remain our property until payment has been made in full.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
 

The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.


8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and reductions in time do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• in the context of a promise of guarantee, if agreed

Information on any additional warranties that may apply and their precise terms and conditions can be found in each case with the product and on special information pages in the online shop.
 

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited

• insofar as the scope of application of the Product Liability Act is opened up
• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of promises of guarantee, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened up.
• In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf
 

11. Dispute Resolution
The European Commission provides an Online Dispute Resolution (ADR) platform which can be found here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.