General Terms and Conditions (GTC)

§ 1 Scope 

1)

Our following General Terms and Conditions (GTC) 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 personally liable partner:
DITTRICH Beteiligungs-GmbH
Immanuelstraße 3
32427 Minden

Managing Director:
Marianne Dittrich

Commercial Register: HRA 8937
Register court: District Court of Bad Oeynhausen

in your own name and on your 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 framework of contracts concluded via the online shop under the Internet domain: www.dittrich-minden.de are carried out exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order and in the name and on behalf 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 shall not become part of the contract unless their validity is expressly agreed upon.

§ 2 Conclusion of contract

1)

By submitting an order via the online shop, the customer initially submits a binding contractual offer for the goods they have individually specified. We sell only standard household quantities to end customers for private use on behalf of and for the account of DITTRICH GmbH & Co.KG.

2)

We accept orders automatically through the shop system. In all cases, receipt of the order is confirmed immediately. Please note that the usually automated confirmation of receipt does not constitute acceptance in itself, but merely indicates that we have received the order and are processing it.

We will therefore confirm the order separately, but for the sake of simplicity and speed, we reserve the right to combine the acceptance with the confirmation of receipt, so that the customer may receive both together.

3)

Should the order confirmation we send contain spelling or printing errors, or should our pricing be based on technical transmission errors, we reserve the right to contest the order, in which case we must prove our error to the customer. In this case, any payments already made will be refunded immediately.

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

1)

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

2)

We expressly reserve the right to withdraw from the contract if, through no fault of our own, we are unable to deliver the ordered product because the supplier fails to fulfill its contractual obligations for the product ordered by the customer. In such a case, we will immediately inform the customer of the unavailability of the goods and promptly refund any payments already made.

3)

If a delivery is delayed due to so-called force majeure, war, strikes by the GmbH's suppliers or natural disasters, we reserve the right to make up for the delivery immediately once the reason for the delay has ceased to apply.

4)

The customer may only exercise a right of retention if the existing counterclaim is based on the same contractual relationship. If this is not the case, any right of retention on your part is deemed to be excluded.

5)

Delivery times to countries subject to customs duties are 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. For deliveries to non-EU countries, additional costs may arise for which we are not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., foreign bank charges, transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties or a capital provision commission). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. Any import sales tax and import duties incurred will be invoiced separately to the recipient by the supplier (the respective partner freight forwarder in the delivery area). Please note that in the event of a return, we are not responsible for refunding any additional customs duties, import sales tax or other processing fees that may be incurred.

§ 4 Retention of title

The delivered goods remain our property until full payment is received. Prior to transfer of ownership, pledging, transfer by way of security, processing, or modification is not permitted without our express consent.

§ 5 Shipping and payment

1)

All prices shown include statutory VAT and other price components, excluding any applicable delivery and shipping costs.

When the website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order shall prevail.

2)

When purchasing and subsequently shipping our goods, we charge the following fees:

• Shipping costs within Germany are free of charge for orders over €350.00. 
• For orders up to €350.00 in value, the shipping fee is €7.99.
• International shipping is a flat rate of €15.00 for all shipments.

For partial shipments, shipping costs are only charged once.

3)

You can pay either by direct bank transfer, credit card, or PayPal. Please note that we will charge the credit card you provide upon receipt of your order.

The invoice will be sent in PDF format to the email address you have provided us with. You have opted not to receive the invoice by mail.
You must ensure that the electronic sending of the invoice by email can be carried out correctly and that the technical facilities (e.g. firewalls, filter programs) are adapted accordingly.

4)

If you choose PayPal as your payment method, you will need to enter your email address and password into the PayPal input screen at the end of the order process. The payment amount due for the order, including any applicable shipping costs, will be credited to our account immediately. Shipping will occur after payment confirmation from PayPal.

Please note that if you select PayPal as your payment method, the "PayPal Terms of Use" of PayPal (Europe) S.à rl & Cie, SCA apply. The terms of use that apply to your contractual relationship with PayPal (Europe) S.à rl & Cie, SCA are available at www.paypal.com .

5)

By choosing Sofortüberweisung as your payment method, you can pay conveniently, easily, and securely without registering. All you need is your online account details from the bank where you have your account. You can then pay using your bank sort code, account number, PIN, and TAN. More information at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/

A notice:
The selection of the Sofortüberweisung payment method is only possible after a positive credit check. 

6)

In the event of an unjustified refusal to accept the goods delivered by us, we will charge the costs incurred, but at least €10.00 gross. Our right to fulfill the purchase contract remains unaffected. Of course, the customer is always free to prove that the fees were lower in the individual case. In this case, the customer is only obligated 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 Section 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 policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must contact us,

DITTRICH GmbH & Co.KG
Immanuelstraße 3
32427 Minden

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

Managing Director:
Marianne Dittrich

Email: shop@dittrich-minden.de
Phone: +49 (0) 571 8281916

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, less delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to 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 promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

End of the cancellation policy

2)

Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods against transport damage. This will prevent claims for damages resulting from inadequate packaging.

3)

Please ensure that you ensure your package is sufficiently stamped to avoid any additional postage charges. We will then promptly refund the postage, unless you are responsible for the costs.

4)

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

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

Consumers within the meaning of the law and according to Section 1.2 of these General Terms and Conditions have the option of exercising their right of withdrawal for distance selling contracts by returning the goods. In order to effectively and timely exercise their right of withdrawal within the 14-day withdrawal period in accordance with the withdrawal policy, the consumer is obligated to expressly mark the goods upon return so that we can recognize the return as a withdrawal. If multiple items are returned to us within one return shipment, the consumer must clearly indicate which of the returned goods are to be covered by the exercise of the right of withdrawal for distance selling contracts.

If the goods are not marked when returning multiple goods or if the return is not marked or designated as a cancellation, the right of cancellation by returning the goods is not effective and has not been exercised within the time limit, subject to any other cancellation options used by the consumer.

§ 8 Warranty

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

§ 9 Liability

1)

We are only liable for intent and gross negligence. To the extent that an attributable breach of duty is based on simple negligence and a material contractual obligation (obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance you as a customer regularly rely) is culpably violated, our liability for damages is limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health, or bodily harm, we are liable in accordance with the statutory provisions.

2)

Liability under the provisions of the Product Liability Act remains unaffected. Otherwise, liability is excluded.

§ 10 Final provisions

1)

German law applies to the conclusion and performance of all contracts. However, this only applies to you as a consumer to the extent that 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 expressly do not apply.

3)

Should one or more provisions of these Terms and Conditions be invalid, this shall not invalidate the entire contract. The invalid provision shall be replaced by the applicable statutory provision.

§ 11 Note on online dispute resolution (ODR-VO) and the Consumer Dispute Resolution Act (VSBG)

1)

Duty to provide information under the ODR Regulation

Online dispute resolution pursuant to Art. 14 (1) of the ODR Regulation: The European Commission has provided a platform for online dispute resolution (ODR). More information 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 willing to participate in dispute resolution proceedings before consumer arbitration boards within the meaning of Section 36 (1) of the Consumer Dispute Resolution Act (VSBG).

This does not affect the possibility of dispute resolution by a consumer arbitration board in the course of or during a specific dispute with the consent of both contracting parties (Section 37 VSBG).

Minden in March 2019