General Terms and Conditions (AGB)

§ 1 Scope of application 

1)

Our following General Terms and Conditions (AGB) apply to all orders of goods placed by consumers via the online shop 

www.dittrich-minden.de

DITTRICH GmbH & Co.KG
Immanuelstraße 3
32427 Minden

Represented by the general partner:
DITTRICH Beteiligungs-GmbH
Immanuelstraße 3
32427 Minden

Managing Director:
Marianne Dittrich

Commercial register: HRA 8937
Register court: Local court Bad Oeynhausen

in its own name and on its own account.

2)

Consumers within the meaning of the law and these General Terms and Conditions are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or self-employed professional activity.

3)

All deliveries and services provided by us within the scope of contracts concluded via the online shop under the Internet domain: www.dittrich-minden.de are exclusively based on the following General Terms and Conditions in the version valid at the time of the order and in the name and on account of DITTRICH GmbH & Co.KG.

4)

Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions of Business shall not become part of the contract unless their validity is expressly agreed.

§ 2 Conclusion of contract

1)

With the order sent via the online shop, the customer initially submits a binding offer of contract with regard to the goods individually specified by him. In the name and for the account of DITTRICH GmbH & Co KG, we always sell only household quantities to the end customer for private use.

2)

We accept the order automatically through the shop system. In all cases the receipt of the order will be confirmed immediately. We would like to point out that the mostly automated confirmation of receipt itself does not already represent an acceptance, but only indicates that we have received and are processing the order.

We will therefore confirm the order separately, but reserve the right to combine the acceptance with the confirmation of receipt to simplify and accelerate the process, so that the customer may receive both together.

3)

If the order confirmation transmitted by us contains typing or printing errors or if our price fixing is based on technical transmission errors, we are entitled to contest the order, whereby we must prove our error to the customer. In this case, payments already made will be refunded immediately.

§ 3 Delivery, reservation of self-supply and right of retention

1)

If not all of the products ordered are in stock, we are entitled to make partial deliveries at the customer's expense, insofar as this is reasonable for the customer.

2)

We expressly reserve the right to withdraw from the contract if we should not be able to deliver the ordered product through no fault of our own because the supplier does not fulfil his contractual obligations for the product ordered by the customer. In such a case, we will immediately inform the customer about the non-deliverability of the goods and refund any payments already made to the customer without delay.

3)

If there is a delay in delivery due to so-called force majeure, war, strike at suppliers of the GmbH or natural disasters, we reserve the right to make up for the delivery immediately after the reason has ceased to exist.

4)

A right of retention can only be exercised by the customer if the existing counterclaim is based on the same contractual relationship. If this is not the case, a right of retention on your part shall be deemed excluded.

5)

The delivery time to countries subject to customs duties is two to four working days, depending on the shipping method and country of delivery. Please note that we bear the costs for door-to-door transport, insurance of the goods and any costs for accompanying documents. In the case of deliveries to non-EU countries, further costs may also be incurred for which we are not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. foreign bank charges, transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties or a capital provision commission). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union. Any import turnover tax and import duties will be invoiced separately to the recipient by the supplier company (the respective partner forwarding agent in the delivery area). Please note that in the case of a return shipment, we are not responsible for reimbursing any additional customs duties, import turnover tax or other handling fees that may be incurred. 

§ 4 Retention of title

The delivered goods remain our property until full payment has been received. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our express consent.

§ 5 Shipping and payment

1)

All prices shown include the statutory value added tax and other price components without the respective delivery and shipping costs.

With updating of the Internet pages all previous prices and other information about goods become invalid. In each case the version valid at the time of the order is authoritative.

2)

We charge the following fees for the purchase and subsequent shipment of our goods:

• Versandkosten innerhalb Deutschlands ab 250,00 € kostenfrei. 
• Bis 249,99 € Warenwert beträgt die Versandpauschale 7,99 €.
• International shipping is a flat rate of 15,00 € for all shipments.

For partial shipments, the shipping costs will only be charged once. 

3)

You have the possibility to pay either by instant bank transfer, credit card or PayPal. We would like to point out that we will charge the credit card named by you after receipt of your order.

The invoice will be sent in PDF format to the e-mail address we have on file. You waive the sending of the invoice by mail.
You are responsible for ensuring that the electronic sending of the invoice by e-mail can be carried out properly and that the technical equipment (e.g. firewalls, filter programs) is adapted accordingly.

4)

If you choose the payment method PayPal, you must enter your email address and password at the end of the order process in the input mask of PayPal. The payment amount including shipping costs will be credited to our account immediately. The shipment will be made after PayPal has confirmed the payment.

We would like to point out that when choosing the payment method PayPal, the "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A. apply. The terms of use that apply to your contractual relationship with PayPal (Europe) S.à r.l. & Cie, S.C.A. are available at www.paypal.com.

5)

If you choose the payment method Sofortüberweisung, you can pay conveniently, easily and securely without registration. All you need is the data from your online account at the bank where you have your account. Then you can pay with bank code, account number, PIN and TAN. More information is available at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

Note:
The selection of the payment method immediate bank transfer is only possible after positive credit information.

6)

In the event of unjustified refusal to accept the goods delivered by us, we shall charge the costs incurred, but at least 10.00 Euro gross. Our right to fulfill the sales contract remains unaffected. Of course, the customer is always able to prove that the fees were lower in individual cases. Then the customer is only obliged to pay the lower amount.

§ 6 Right of withdrawal for consumers

1)

Consumers have a right of withdrawal of 14 days.
Consumers within the meaning of § 13 of the German Civil Code (BGB) and these General Terms and Conditions are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or self-employed professional activity.

Cancellation instruction
Right of cancellation
You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.
In order to exercise your right of revocation, you must give us,

DITTRICH GmbH & Co.KG
Immanuelstraße 3
32427 Minden

Represented by the general partner:
DITTRICH Beteiligungs-GmbH
Immanuelstraße 3
32427 Minden

Managing Director:
Marianne Dittrich

E-Mail: [email protected]
Telefon: +49 (0) 571 8281916

inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, abzüglich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen 14 Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben - je nachdem, welches der frühere Zeitpunkt ist.

You must return or hand over the goods to us without delay and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

End of the cancellation policy

2)

Please avoid damage and contamination of the goods. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

3)

Please frank the package sufficiently to avoid postage penalties. We will then refund the postage amount to you immediately, unless you have to pay it yourself.

4)

Please note that compliance with the actions described in § 6 paragraph 3 is not a prerequisite for the effective exercise of the right of withdrawal.

 

§ Section 7 Agreement on the exercise of the right of withdrawal by consumers

Consumers within the meaning of the law and in accordance with 1.2 of these GTCs have the possibility of exercising their right of revocation for distance selling contracts by returning the goods. For the effective and timely exercise of the right of revocation within the revocation period of 14 days according to the revocation instruction, the consumer is obligated to expressly mark the goods when returning them in such a way that the return by us can be recognized as a revocation. If several goods are returned to us within one return shipment, the consumer must clearly indicate which of the returned goods is to be covered by the exercise of the right of revocation in the case of distance contracts.

If the goods are not marked when returning several goods or if the return is not marked or designated as revocation, the right of revocation by returning the goods is not effective and not exercised in due time, subject to further possibilities for revocation used by the consumer.

§ 8 Warranty

The statutory warranty provisions apply. The warranty period is two years and begins with the delivery of the goods.

§ Article 9 Liability

1)

We are only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose observance you as a customer regularly rely) is culpably breached, the liability for damages on our part is limited to the foreseeable damage which typically occurs in comparable cases. In the event of death, injury to health or bodily harm, we shall be liable in accordance with the statutory provisions.

2)

The liability according to the provisions of the Product Liability Act remains unaffected. Otherwise liability is excluded.

§ Article 10 Final provisions

1)

German law shall apply to the conclusion and execution of all contracts. However, this applies to you as a consumer only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

2)

The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

3)

Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The ineffective provision will be replaced by the applicable statutory provision.

§ 11 Information on Online Dispute Resolution (ODR-VO) and Consumer Dispute Settlement Act (VSBG)

1)

Duty to provide information according to the ODR Regulation Online dispute

resolution according to Art. 14 para. 1 ODR-VO: The European Commission has provided a platform for Online Dispute Resolution (OS). More here:

www.ec.europa.eu/consumers/odr

2)

Duty to provide information under the Consumer Dispute Settlement Act (VSBG)

Dittrich GmbH & Co. KG declares in advance that it is not prepared to participate in dispute settlement proceedings before consumer arbitration bodies within the meaning of § 36 (1) of the Consumer Dispute Settlement Act (VSBG).

This does not affect the possibility of dispute resolution by a consumer arbitration board in the course or during a specific dispute if both contracting parties agree (§ 37 CDBG).

 

Minden in March 2019