GENERAL TERMS AND CONDITIONS 

 

§ 1 General 

THE COMPANY 

DITTRICH GmbH & Co.KG (hereinafter "DITTRICH")
Immanuelstraße 3, 32427 Minden

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

Managing Director: Marianne Dittrich 

Commercial register: HRA 8937 (Ust-IdNr.: DE303488493)

E-Mail: [email protected]

maintains an online shop under the URL https://www.dittrich-minden.de and the associated sub-pages (hereinafter "Online Shop"). For all orders via the Online Shop as well as deliveries and services on our part, these General Terms and Conditions of Business shall apply exclusively in the version displayed at the time of the order. The Online Shop is designed for orders by consumers. Merchants are also welcome to place orders, but commercial resale of the purchased goods is prohibited. 

 

§ 2 Cancellation policy for consumers in terms of § 13 BGB 

Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed.

RIGHT OF REFUSAL 

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.
Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die letzte Ware in Besitz genommen haben bzw. hat.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (DITTRICH GmbH & Co.KG, Immanuelstraße 3, 32427 Minden, Deutschland, E-Mail: [email protected]) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür unser Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist. Machen Sie von dieser Möglichkeit Gebrauch, so werden wir Ihnen unverzüglich (z.B. per E-Mail) eine Bestätigung über den Eingang eines solchen Widerrufs übermitteln.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden. 

CONSEQUENCES OF THE REVOCATION 

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us (DITTRICH GmbH & Co.KG, Immanuelstraße 3, 32427 Minden, Germany) without delay and in any event no later than fourteen days from the day you notify us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality. 

According to law, the right of withdrawal does not apply to, among other things, the following: contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 

The right of revocation also expires in case of: contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. 

 

§ 3 Prices, Products and Partial Deliveries, Partial Revocation 

1. The goods offered in the online shop are presented in the form of digital photographs based on the real existing goods. Minor deviations between representation and reality do not constitute a defect of the ordered goods.
2. The products presented may no longer be available at the time of visiting our online shop. We will inform you about this in a separate e-mail as soon as possible. You can check the current status of your order at any time via your customer account. We will inform you immediately in case of delivery delays.
3. Furthermore, in rare cases, prices can be updated within the ordering process.
4. The stated prices of the initial goods are in Euro including VAT and excluding
   shipping costs. For deliveries to third countries, the stated prices of the articles are net prices, i.e. the sales prices excluding 19% VAT. The prices are displayed excluding the German VAT after you have specified your delivery country in the purchasing process. All additional costs for your order will be added to the total price immediately within the ordering process.
5. If you are entitled to a right of revocation according to § 2 of our General Terms and Conditions, you can also exercise this right in part, i.e. you can only return certain goods of your order if the respective goods have their own article number. In such a case, the delivery costs for the return shipment will only be reimbursed if and to the extent that they were caused solely by the returned goods. If the delivery costs would also have been incurred then or in the corresponding amount if you had only ordered the goods for which you did not exercise your right of withdrawal, you must bear these delivery costs. Even in the case of partial revocation, the delivery costs will not be reimbursed if you have chosen a different type of delivery than the cheapest standard delivery offered by us. 

 

§ 4 Conclusion of contract 

1. By submitting the order form of our online shop, you make a binding offer to enter into a contract with us for the products ordered ("your contractual declaration"). You make the order when you send the completed order form to us by clicking the button "Order now for a fee". A contract is concluded between you and DITTRICH when an acceptance is sent to you by e-mail within a reasonable period of time and, if contrary to expectations you do not receive it, when the goods are sent to you in due time.
2. Please note that immediately after sending your order you will receive a confirmation of receipt of your order. This e-mail is not an acceptance, but is only intended to prove that we have received your order.
3. You can also place a binding order by telephone, e-mail or fax. An automatic confirmation of receipt by e-mail or fax of your order does not constitute acceptance of the purchase offer.
4. DITTRICH is entitled to refuse your order, especially if there is reason to suspect that the goods purchased via our online shop are to be resold commercially. 

 

§ 5 Storage of the contract text 

Your order data is stored by us. You will receive a confirmation of receipt of your order by e-mail, including a cancellation policy, which you can print out or save. 

 

§ 6 Delivery & Shipping 

1. DITTRICH ships your products within Germany by DHL Paket. The transport risk lies on the side of the sender. Please note: If a packing station is specified as the delivery address, shipment is only possible via DHL.
2. The goods are ready for dispatch at the latest on the day following your order. Unless otherwise agreed with you, delivery will be made from our warehouse within 1-5 working days (see list below) to the delivery address you specify, depending on the choice of shipping method and delivery location. Due to unforeseeable events, such as strikes, delivery may be delayed in exceptional cases. 
3. Shipping costs within Germany from 250,00 € value of goods 5,00 €. Up to 250,00 € value of goods the shipping costs are 5,00 €.
4. International shipping is a flat rate of 15,00 € for all shipments.

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

4. delivery to third countries, shipments subject to customs duties 

For all deliveries to third countries, the stated prices of the articles are net prices, i.e. the sales prices excluding 19% VAT. The delivery time to countries subject to customs duties is two to four working days, depending on the shipping method and the country of delivery. We would like to point out 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 DITTRICH is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer 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 DITTRICH is not responsible for refunding any additional customs duties, import turnover tax or other handling fees that may be incurred in the event of a return shipment. 

 

§ 7 Payment, default of payment 

When paying for your order with DITTRICH, you have the option of choosing between immediate bank transfer, PayPal, and credit card, depending on the country of billing and delivery. 

Please note that some banks may charge separate fees for transactions from abroad, which you must bear. This is completely independent of DITTRICH and must be clarified in advance with the respective bank. 

All payments as well as credit notes are processed in the currency (EUR) on which the purchase is based. Refunds will be made in the same currency as the purchase. DITTRICH accepts no liability for differences arising from exchange rate fluctuations. Possible losses due to currency fluctuations will not be reimbursed. 

• Choose immediate bank transfer as payment method:
• Complete the order. You will be redirected to a secure payment form from DIRECTebanking
  .
• Log in as usual with your online banking data (access data/PIN). Only transaction-relevant data will be saved. PIN and TAN are not stored.
• Confirm the order with a TAN. Procedure for payment via PayPal:
  You can pay with us safely and easily via PayPal. PayPal accepts payments up to a maximum purchase price of 8,000 Euro.

1. Select PayPal in the order step 'payment method':
2. In the next step you will be automatically forwarded to PayPal. 
1. If you are already a PayPal customer, you can log in there with your user data and confirm the payment.
2. If you do not have a PayPal account, you can open a PayPal account and then confirm the payment.
3. Complete your order with us by clicking on 'ORDER NOW FREE' in the last step.
4. The goods are ready for dispatch and will be sent on the day of the payment confirmation from PayPal or at the latest on the following working day. As a rule, we receive payment within a few minutes after the contract is concluded.

Credits from returns are always credited back to the PayPal account used for the purchase. Whether you want to use the credit on your PayPal account directly at PayPal or transfer it back to your giro or credit card account, you can decide for yourself and process it directly at PayPal. We have no influence on this. 

 
Procedure for payment by credit card: 

• You first enter your credit card details into our SSL secured payment form. SSL (Secure Socket Layer) is an asymmetric encryption method on the Internet, which is intended to protect your credit card data against interception and manipulation during transmission.
• Please note that the cardholder is indicated as shown on the credit card. Please use only letters (a-z or A-Z) without special characters, numbers (0-9) or spaces.
• After a successful credit card check by the credit card company, the invoice amount is first authorized, i.e. reserved on your credit card but not yet debited.
• Your order will be processed within the delivery period stated under § 6
• The booking of the payment takes place with the dispatch of the goods.
  We accept the following credit cards: Visa
  Master Card
  American Express
  Additional security when paying with Visa, Mastercard or American Express
  The system checks whether the credit card is participating in the 3-D Secure programs Verified by Visa, Mastercard SecureCode or American Express SafeKey. These are encryption and security procedures specially developed for these card types. If a credit card holder is registered with the 3-D-Secure procedure using one of the registration methods, an additional query mask opens after the order is completed. This mask is connected to your bank and also asks you to enter the "Secure Code" (a password chosen by you or a dynamic password that you receive by SMS on your mobile phone after entering your credit card details). Only with the correct password will the transaction be executed. If you are not logged in, but your card-issuing bank supports the procedure, you will be asked to create the 3-D Secure Password. If your credit card or card-issuing bank is not registered for any of these procedures, the payment will be processed without further authentication. For more information on credit card security procedures, please visit:
  Verified by Visa Mastercard SecureCode American Express SafeKey
  Credits: Credits from returns will be returned to your credit card.

 

1. The delivered goods are subject to retention of title by DITTRICH until payment has been made in full.
2. If you are a merchant, you have a right of retention or right to refuse performance only in the case of legally binding and undisputed counterclaims.
3. There is a maximum limit up to which the purchase on account is possible. This limit applies to the entire customer account and also takes into account outstanding amounts from previous orders with payment on account. DITTRICH reserves the right to demand advance payment in the amount of the order value, especially in cases where open invoices are already in the reminder run at the time of receipt of the order. The order will be processed after receipt of payment.

 

§ 9 Customer service 

If you have any questions about your order or if you have any complaints, please contact one of our service staff: 

Telefon: +49 (0) 571 8281916
Mo - Fr von 09:00 Uhr bis 17:00 Uhr
E-Mail: [email protected]

We strive to answer your request within 24 hours on weekdays. 

 

§ 10 Warranty / Guarantees / Reduction of liability 

1. The statutory warranty law applies to ordered goods.
2. Insofar as DITTRICH provides a guarantee for certain properties
   of the goods or for services through any information provided with the goods, DITTRICH shall be liable for this in accordance with the statutory provisions, regardless of fault. Legal deviations in favour of the customer are only given here if they are specifically noted in the respective goods.
3. DITTRICH shall be liable without limitation for intentional and grossly negligent conduct.
4. DITTRICH shall only be liable for slight negligence if essential contractual obligations are violated
   . Essential contractual obligations are understood to be those obligations which the contract, according to its meaning and purpose, must currently grant to the customer or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely. Such liability is also limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract.
5. The limitations or exclusions of liability pursuant to (3) and (4) above do not apply to a statutory strict liability of DITTRICH or liability under a contractually assumed guarantee, or in the event of injury to life, limb or health.
6. Insofar as DITTRICH's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives and vicarious agents. Furthermore, the limitations of liability shall apply to all types of claims, including those based on tort law.

 

§ 11 Copyrights 

All rights to images, films and texts published on our online shop are owned by us or our partners. Any use, duplication, processing or storage without express consent or without legal authorization is not permitted. 

 

§ 12 Consumer information within the EU 

1. Platform for online dispute resolution: Under current law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform (OS Platform), which can be used to resolve disputes without the need to go to court. The European Commission is responsible for setting up the platform. You can find the OS Platform here: http://ec.europa.eu/odr.
2. Teilnahme an der alternativen Streitbeilegung: Wir sind nicht bereit und nicht verpflichtet an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen. Unsere E-Mail- Adresse lautet: [email protected]

 

§ Article 13 Final provisions 

1. German law shall apply to the exclusion of the UN Sales Convention.
2. This choice of law does not apply if it would result in the consumer being deprived of the
   protection granted by the EU member state in which he has his habitual residence. In
   in this case the law of the country in which the consumer has his habitual residence applies.
3. These general terms and conditions are available exclusively in German. A contract can only be concluded in the German language.

March 2019