GENERAL TERMS AND CONDITIONS 

§ 1 General 

THE COMPANY 

DITTRICH GmbH & Co.KG (hereinafter “DITTRICH”)
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 (VAT ID No.: DE303488493)

Email: shop@dittrich-minden.de

operates an online shop (hereinafter "Online Shop") at the URL https://www.dittrich-minden.de and its associated subpages. These General Terms and Conditions apply exclusively to all orders placed through the online shop, as well as deliveries and services provided by us, 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; however, commercial resale of the purchased goods is prohibited. 

§ 2 Cancellation policy for consumers within the meaning of § 13 BGB 

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

RIGHT OF WITHDRAWAL 

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (DITTRICH GmbH & Co.KG, Immanuelstraße 3, 32427 Minden, Germany, email: shop@dittrich-minden.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or email). You may use our sample withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. 

CONSEQUENCES OF REVOCATION 

If you cancel this contract, we will refund all payments that we have received from you, including 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 fourteen 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 (DITTRICH GmbH & Co.KG, Immanuelstraße 3, 32427 Minden, Germany) promptly and in any event no later than fourteen days from the date on which you notify us that you have canceled this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the 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 that is not necessary to check their quality, properties, and functioning. 

According to the law, the right of withdrawal does not apply, among other things, to: contracts for the delivery of goods that are not prefabricated and for whose production 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 withdrawal also expires in the 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 withdrawal 

1. The goods offered in the online shop are presented in the form of digital photographs based on the actual products. Minor deviations between the representation and reality do not constitute a defect in the ordered goods.
2. The products presented may no longer be available at the time you visit our online shop. We will notify you of this as soon as possible via a separate email. You can view the current status of your order at any time via your customer account. We will notify you immediately of any delivery delays.
3. Furthermore, in rare cases, prices may be updated during the ordering process.
4. The prices of the output goods are in Euro including VAT and excluding
   Shipping costs are shown. For deliveries to third countries, the prices listed are net prices, i.e., the sales prices exclude 19% VAT. Prices will be displayed excluding German VAT after you specify your delivery country during the purchase process. Any additional costs for your order will be added to the total price immediately during the ordering process.
5. If you are entitled to a right of withdrawal according to Section 2 of our General Terms and Conditions, you can also exercise this right partially, i.e. return only certain goods from your order, provided that the respective goods have their own article number. In such a case, the delivery costs for the return shipment will only be refunded to the extent that these were solely caused by the returned goods. If the delivery costs would have been incurred even if you had only ordered the goods for which you did not exercise your right of withdrawal, you will have to bear these delivery costs. Even in the case of partial cancellation, the delivery costs will not be refunded if you have chosen a type of delivery other than the cheapest standard delivery offered by us. 

§ 4 Conclusion of contract 

1. By submitting the order form in our online shop, you submit a binding offer to conclude a contract with us for the ordered products ("your contractual declaration"). You place your order when you send the completed order form to us by clicking the "Order now for a fee" button. A contract is concluded between you and DITTRICH upon sending an acceptance email within a reasonable period of time. If, contrary to expectations, you do not receive this email, the contract is concluded upon timely delivery of the goods to you.
2. Please note that you will receive a confirmation of receipt of your order immediately after submitting your order. This email is not an acceptance, but merely serves as proof that we have received your order.
3. You can also submit a binding order by telephone, email, or fax. An automatic confirmation of receipt of your order by email or fax does not constitute acceptance of the purchase offer.
4. DITTRICH reserves the right to refuse your order, particularly if there is reason to suspect that the goods purchased through our online shop are intended for commercial resale. 

§ 5 Storage of the contract text 

We will save your order details. You will receive an email confirmation of receipt of your order, including the cancellation policy, which you can print or save. 

 

§ 6 Delivery & Shipping 

1. DITTRICH ships its products within Germany via DHL Paket. The transport risk is borne by the sender. Please note: If you specify a Packstation as the delivery address, shipping is only possible via DHL.
2. The goods will be ready for dispatch no later than the day after your order. Unless otherwise agreed, delivery will be made from stock within 1-5 business days (see list below) to the delivery address you specify, depending on the shipping method and delivery location chosen. Due to unforeseeable events, such as strikes, delivery delays may occur in exceptional cases. 
3. Shipping costs within Germany are €5.00 for orders over €250.00. For orders up to €250.00, the shipping fee is €5.00.
4. International shipping is a flat rate of €15.00 for all shipments.

For partial shipments, shipping costs are only charged once. 

4. Delivery to third countries, customs-related shipments 

For all deliveries to third countries, the prices quoted are net prices, i.e., the sales prices exclude 19% VAT. 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 DITTRICH is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by 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 applicable import sales tax and import duties 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, DITTRICH is not responsible for refunding any additional customs duties, import sales tax, or other processing fees. 

§ 7 Payment, default in payment 

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

Please note that some banks may charge separate fees for international transactions, which you will be responsible for. This is entirely independent of DITTRICH and should be clarified with the respective bank in advance. 

All payments and credits are processed in the underlying currency of the purchase (EUR). Refunds will be made in the same currency as the purchase. DITTRICH assumes no liability for differences resulting from exchange rate fluctuations. Any losses due to currency fluctuations will not be reimbursed. 

• Select Sofortüberweisung as your payment method:
• Complete the order. You will be redirected to a secure payment form from Sofortüberweisung
  forwarded.
• Log in as usual with your online banking credentials (access data/PIN). Only transaction-relevant data will be saved. Your PIN and TAN will not be stored.
• Confirm the order with a TAN. Payment via PayPal:
  You can pay securely and easily via PayPal. PayPal accepts payments up to a maximum purchase price of €8,000.

1. Select PayPal in the 'Payment Method' order step:
2. In the next step you will be automatically redirected to PayPal. 
1. If you are already a PayPal customer, you can log in with your user data and confirm the payment.
2. If you don't have a PayPal account yet, you can open one and then confirm the payment.
3. Complete your order with us by clicking on 'ORDER NOW WITH PAYMENT' in the last step.
4. The goods will be ready for dispatch on the day of payment confirmation from PayPal or at the latest on the following business day. Payment is usually received within a few minutes of the contract being concluded.

Credits from returns are always credited back to the PayPal account used for the purchase. Whether you then want to use the credit directly with PayPal or transfer it back to your checking or credit card account is up to you and can be processed directly with PayPal. We have no influence over this. 

 
Process for payment by credit card: 

• You first enter your credit card information into our SSL-secured payment form. SSL (Secure Socket Layer) is an asymmetric encryption method used on the Internet to protect your credit card information against interception and tampering during transmission.
• Please note that the cardholder name must be entered as shown on the credit card. Please use only letters (az or AZ) without special characters, numbers (0-9), or spaces.
• After successful credit card verification by the credit card company, the invoice amount is initially authorized, i.e. reserved on your credit card but not yet debited.
• Your order will be processed within the delivery period specified in Section 6
• The payment is booked when the goods are dispatched.
  We accept the following credit cards: Visa
  MasterCard
  American Express
  Additional security when paying with Visa, Mastercard or American Express
  The system checks whether the credit card participates in the 3-D Secure programs Verified by Visa, Mastercard SecureCode, or American Express SafeKey. These are encryption and security procedures specifically developed for these card types. If a credit card holder is registered for the 3-D Secure process using one of the registration methods, an additional query screen linked to your bank will open after the order is completed. This screen will also request the entry of the "Secure Code" (a password you choose or a dynamic password that you receive via SMS on your mobile phone after entering your credit card details). The transaction will only be processed with the correct password. If you are not registered but your card issuing bank supports the process, 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 processes, the payment will be processed without further authentication. More information on credit card security procedures can be found at:
  Verified by Visa Mastercard SecureCode American Express SafeKey
  Credits: Credits from returns will be refunded to your credit card.

1. The delivered goods remain the property of DITTRICH until full payment has been made.
2. If you are a merchant, you only have a right of retention or refusal of performance if your counterclaims are legally binding and undisputed.
3. There is a maximum limit for purchases on account. This limit applies to the entire customer account and also includes outstanding amounts from previous orders paid on account. DITTRICH reserves the right to request advance payment in the amount of the order value, particularly in cases where outstanding invoices are already in the dunning process at the time the order is received. The order will be processed after receipt of payment.

§ 9 Customer Service 

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

Phone: +49 (0) 571 8281916
Mon - Fri from 9:00 a.m. to 5:00 p.m.
Email: shop@dittrich-minden.de

We will endeavor to respond to your inquiry within 24 hours on working days. 

§ 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 by means of any information provided with the goods
   If DITTRICH assumes liability for the goods or services, regardless of fault, in accordance with the statutory provisions. Legal exceptions in favor of the customer only apply if they are specifically noted for the respective goods.
3. DITTRICH is liable without limitation for intentional and grossly negligent conduct.
4. DITTRICH is only liable for slight negligence if essential contractual obligations are violated
   Material contractual obligations are those obligations that the contract must grant to the customer according to its purpose or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely. Furthermore, such liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
5. The limitations or exclusions of liability under the above clauses (3) and (4) do not apply to any statutory liability of DITTRICH regardless of fault or liability arising from a contractually assumed guarantee or in the event of injury to life, limb or health.
6. To the extent that DITTRICH's liability is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents. The limitations of liability also 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 held by us or our partners. Use, reproduction, editing, or storage without express consent or legal authorization is prohibited. 

§ 12 Consumer information within the EU 

1. Online Dispute Resolution Platform: Under applicable law, we are obligated to inform consumers of the existence of the European Online Dispute Resolution Platform (ODR platform), which can be used to resolve disputes without the need for court involvement. The European Commission is responsible for establishing the platform. You can find the ODR platform here: http://ec.europa.eu/odr.
2. Participation in alternative dispute resolution: We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Our email address is: shop@dittrich-minden.de

§ 13 Final provisions 

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. This choice of law shall not apply if it would result in the consumer being denied the right granted
   protection of 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 shall apply.
3. These general terms and conditions are available exclusively in German. A contract can only be concluded in German.

March 2019