General Terms and Terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. reservation of title
7. liability for defects
8 Liability
9. redemption of gift vouchers
10 Applicable law
11. information on online dispute resolution
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Dipl. Betriebswirt (FH) Einzelhandelskaufmann (IHK) Bernd Koschier", trading as "escooter.de" (hereinafter referred to as the "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller for the goods offered by the Seller in his online store. offered by the seller in his online shop. The inclusion of the Customer's own terms and The inclusion of the Customer's own terms and conditions is contradicted unless otherwise agreed.
1.2 These GTC shall apply accordingly to the purchase of vouchers, if and insofar as nothing to the contrary is expressly agreed.
1.3 A consumer is any natural person who a legal transaction for a purpose that is predominantly neither their commercial nor their commercial or self-employed professional activity can be attributed to it. professional activity.
1.4 An entrepreneur is a natural or legal person legal person or a partnership with legal capacity who, when concluding a legal concluding a legal transaction in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the goods, in particular in the online store does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods
in the shopping cart. In the next step, the ordering process begins, in which all
in which all data required for order processing is entered.
At the end of the order process, a summary of the order and contract data appears.
contract data. Only after confirming this order and contract data by
click on the button that concludes the order process, the customer submits a
binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
to the seller.
2.3 The seller accepts the customer's offer
by the following possible alternatives:
- Sending a written order confirmation or an order
order confirmation in text form (fax or e-mail)
or
- requesting payment from the customer after placing the order
or
- delivery of the ordered goods
Decisive for the time of acceptance is the first occurred
alternative.
The period for acceptance of the offer begins on the day after the customer sends the
offer by the customer and ends at the end of the fifth day following the
following the dispatch of the offer. If the seller does not accept the customer's offer
within the aforementioned period, this shall constitute a rejection of the offer.
offer. The customer is then no longer bound by his declaration of intent.
2.4 The contractual text of the contract concluded between the concluded between the seller and the customer is stored by the seller. stored. The text of the contract is stored on the seller's internal systems. stored. The customer can view the General Terms and Conditions at any time on this page at any time. The order data, the cancellation policy and the General Terms and Conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided the customer has opened a customer account.
2.5 All entries made are displayed before the order button is clicked the order button and can be viewed by the customer before sending the order and order and can be corrected by pressing the back button of the browser or by using the the usual mouse and keyboard functions. In addition, the buttons are available to the customer for correction, if available, which are labeled accordingly. labeled accordingly.
2.6 The contract language is German.
2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to filter functions so that emails relating to this order can be delivered. concerning this order can be delivered.
3. prices and terms of payment
3.1 The prices displayed are final prices, unless
nothing else has been agreed.
If the goods in question are subject to differential taxation in accordance with § 25a UStG
the sales tax will not be shown.
If additional shipping costs are incurred, this can be found in the product description.
product description.
3.2 If the delivery is made to a non-EU country, additional
EU, additional customs duties, taxes or fees may be payable by the customer to the
customs or tax authorities responsible there or to credit institutions.
The customer is advised to enquire about the details with the respective
the respective institutions or authorities before ordering.
3.3 The customer can select the payment methods available in the online store.
3.4 In the case of advance payment by bank transfer, the unless otherwise agreed, payment is due immediately after conclusion of the contract. due immediately after conclusion of the contract.
4 Delivery and shipping conditions
4.1 The delivery of goods by mail order shall be to the delivery address specified by the customer.
4.2 Delivery by forwarding agent shall be "free kerbside", i.e. to the public kerbside nearest to the delivery address. nearest public curb to the delivery address. This shall only apply if the seller's shipping information and unless otherwise agreed. otherwise agreed.
4.3 If the seller incurs costs due to the indication incorrect delivery address or an incorrect addressee or other circumstances circumstances that lead to the impossibility of delivery, additional costs shall be costs shall be reimbursed by the customer, unless the customer is not responsible for the impossibility for which he is not responsible. The same shall apply in the event that the customer is temporarily prevented from accepting the service, unless the seller has the seller has given him reasonable advance notice of the service. Excluded from this The costs of return shipment are excluded from this provision if the customer has has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the regulation made by the seller.
4.4 If collection by the customer has been agreed, the informed by the seller that the goods ordered by him are ready for collection. is ready for collection. After receiving this e-mail, the customer can collect the goods the seller at the seller's registered office or at an agreed location. pick up the goods. In this case, no shipping costs are incurred.
4.5 Vouchers are provided to the customer in the following form:
- by e-mail
- by download
- by post
5 Right of withdrawal
5.1 If the customer is a consumer, he is entitled to right of revocation.
5.2 The right of withdrawal is governed by the the seller's cancellation policy.
6. Retention of title
If the seller makes advance payment, the goods shall remain the goods remain the property of the seller until the purchase price has been paid in full. seller.
7. Liability for defects
7.1 With regard to the warranty, the provisions statutory liability for defects shall apply, unless otherwise agreed. has been agreed.
- In the case of used goods, the period shall be one year from delivery of the goods, in deviation from the statutory delivery of the goods. The shortened one-year warranty period shall not apply not
- for items that have been used for a building in accordance used for a building in accordance with their normal use and have caused its have caused its defectiveness,
- for claims for damages and
claims for damages and reimbursement of expenses of the customer
- or in the event that the seller has fraudulently
fraudulently concealed the defect.
Any obligation of the seller to provide updates for digital products
updates for digital products, in the case of the purchase of goods with digital
elements is not affected by this restriction.
7.2 The customer is requested to return delivered goods goods with obvious transport damage to the deliverer and to inform the seller of this. Seller of this. Failure to do so shall have no effect any effect on the customer's statutory or contractual claims for defects. customer.
8 Liability
The liability of the seller from all contractual, contractual contractual, quasi-contractual, statutory and tortious claims for damages and and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable for damages caused by
attributable to intentional or grossly negligent conduct
without limitation.
In the event of injury to life, limb and health and the breach of
essential contractual obligations (cardinal obligations), the seller shall also be liable
for slight negligence.
A material contractual obligation is one whose fulfillment is essential for the
performance of the contract in the first place and on the fulfillment of which the
compliance with which the contractual partner regularly relies on and may rely on.
As regulated above, the seller is also liable on the basis of a
guarantee promise, unless otherwise agreed in this respect.
This also applies to indirect consequential damages such as, in particular, loss of profit
and for mandatory liability such as under the Product Liability Act.
8.2 Liability is excluded - except in the case of intentional or grossly negligent behavior or in the case of damages resulting from injury to life injury to life, limb and health and the breach of material contractual obligations (cardinal obligations) - shall be limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise limited to the amount of average damages typical for the contract. This also applies to indirect consequential damages such as in particular loss of profit.
8.3 Any further liability on the part of the seller is is excluded.
8.4 The above liability provisions shall apply analogously in favor of the Seller's employees and vicarious agents.
9. redemption of gift vouchers
9.1 Gift vouchers purchased via the seller's online store purchased via the seller's online shop ("gift vouchers"), can only be redeemed in the seller's online store.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase can be redeemed. Any remaining credit will be credited to the the customer's voucher account until the expiration date.
9.3 Gift vouchers can only be redeemed before be redeemed before the order process is completed. Subsequent redemption does not take place.
9.4 Several gift vouchers can be redeemed within one gift vouchers can be redeemed within one order.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
be redeemed for the purchase of goods.
The purchase of further gift vouchers cannot be paid for by voucher.
be paid by voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the the value of a gift voucher is not sufficient to pay for the respective order, the difference, one of the other payment methods offered can be used.
9.7 Credit balances on gift vouchers are not paid out paid out and do not bear interest.
9.8 The gift voucher is personal and may only be and may only be redeemed by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to verify the material entitlement of the respective voucher holder.
10. Applicable law
The law of the Federal Republic of Germany shall apply
The laws of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory
the applicability of mandatory provisions, in particular those of the country in which the
customer has his habitual residence as a consumer shall remain unaffected.
11. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission is available on the Internet at the following link: https://ec.europa.eu/odr
We are not obliged to participate in a dispute resolution proceedings before a consumer arbitration board, nor are we obliged nor willing.