Terms and conditions
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 the supplier (Demotex GmbH) via the www.myschirm.de website. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is objected to.
(2) A consumer within the meaning of the following provisions 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 any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The object of the contract is the sale of goods.
(2) Already by placing the respective product on our website, we submit a binding offer to conclude a contract on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the option of checking all the details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase.
By sending the order via the "buy" button, you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications, if any, on file formats shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
§ 4 Special agreements on payment methods offered
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna we offer invoice purchase and instalment purchase as a payment option. Please note that Klarna Invoice and Klarna Instalment Purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna Invoice
When buying on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.
Klarna hire purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95). For more information on Klarna Instalment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, please here.
Privacy Notice
Klarna checks and evaluates your data information and exchanges data with other companies and credit agencies where there is a legitimate interest and reason to do so. Your personal information will be treated in accordance with the applicable Privacy Policy and as set out in the Klarna Privacy Policy.
(2) Payment via Klarna Checkout
In cooperation with Klarna, we offer the following payment options. Payment is made to Klarna in each case:
Klarna Invoice: Payable within 14 days from the invoice date. The invoice will be issued upon dispatch of the goods and sent by e-mail. You can find the invoice terms and conditions here.
Klarna instalment purchase: With the Klarna financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least EUR 6.95). You can find more information about Klarna instalment purchase, including the general terms and conditions and the European standard information for consumer credit, here.
Instant bank transfer
Credit card (Visa/Mastercard)
Direct debit
The payment options are offered as part of Klarna Checkout. You can find more information and the terms of use for Klarna Checkout here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.
(3) SEPA Direct Debit (Basic and/or Corporate Direct Debit)
If you pay by SEPA core direct debit or SEPA business-to-business direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 5 days after conclusion of the contract.
The period for sending the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a return debit note due to your fault, you must bear the bank charge incurred.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising 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 shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the receivable ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) 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 fail to do so, this shall not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not any other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, body or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction shall remain unaffected by this.
(3) 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
Demotex GmbH
Hammer Str. 64
45239 Essen
Germany
Phone: 0020136577485
E-mail: info@myschirm.de
Alternative dispute resolution:
The European Commission provides a platform for online out-of-court 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, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the relevant offer.
5. Prices and payment terms
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 incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
5.4 Money transmission costs incurred (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If 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 handover 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 a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment shall be at your risk.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions of Business (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service
