General terms and conditions for the online shop of berolina Schriftbild GmbH & Co. KG

§1 Scope, Definitions

1. These general terms and conditions of sale (hereinafter "GTC") apply to everyone via the online shop of

berolina Schriftbild GmbH & Co. KG
Ludwig-Erhard-Ring 12
15827 Blankenfelde-Mahlow
registered in the commercial register of the Potsdam district court under HRA 63 94P, personally liable partner:

Druckarchitekten Beteiligungs GmbH,
registered in the commercial register of the Potsdam District Court, HRB 29 665 P

Managing director: Alexander Busch
VAT identification number: DE215 179 371
 
(hereinafter "seller") and the customer (hereinafter "customer") concluded contracts with regard to the goods and / or services presented in the online shop. Deviating general terms and conditions of the customer are not recognized; unless the seller expressly agrees to their validity in writing.

2. The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial and independent professional activity.

3. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. Insofar as reference is made to entrepreneurs in the General Terms and Conditions below, the provisions apply accordingly to institutions under public law and other special funds under public law.
 

§2 Contract language

1. The languages available for the conclusion of the contract are German and English. 
 

§3 Conclusion of contract, correction options

1. The seller's product descriptions contained in this online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2. The customer can submit the offer using the online order form set up in this online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the virtual shopping cart by clicking the button that concludes the ordering process . The customer is bound to the order for a period of two weeks after placing the order. Any existing statutory right of cancellation to cancel the order within 14 days remains unaffected.

3. The seller will immediately confirm receipt of the order placed in the online shop by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is expressly declared in addition to the confirmation of receipt of the order.

4. A contract is only concluded when the seller accepts the order with a declaration of acceptance or with the delivery of the goods ordered. If several of the aforementioned options are available, the contract is concluded at the point in time at which one of the aforementioned options first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the 14th day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer and the customer is no longer bound by his offer.

When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions. The invoice is also sent by email. The customer agrees to an electronically transmitted invoice by submitting the order. Orders are stored by the seller for 24 months after the order, but are not accessible to the customer.

6. The information provided by the customer in the context of the order is the basis for invoicing. The customer must check the invoice data immediately upon receipt. Changes to the invoice for which the seller is not responsible will be charged at € 12.00 per change.

7. The order and all other contacts with the customer usually take place via email and automated order processing by the seller. The customer must ensure that the e-mail address given by him to process the order is correct and that e-mails sent by the seller to this address can be received (e.g. when using SPAM filters).

8. If the delivery of one of the goods ordered by the customer is not possible, for example because it is not in stock, the seller will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. The seller will inform the customer about this immediately and reimburse any consideration already received without delay.
 

§4 Prices, terms of payment

. The prices valid on the day of the order are decisive. Unless otherwise stated in the offer, the prices given are gross prices in EUR and include the statutory value added tax. In the case of mail order purchases, the price does not include shipping costs, also surname fees. The shipping costs are calculated from the selected shipping method as well as depending on the size, weight and number of packages or, in the case of pallet shipping, according to the number of pallets.

2. In the case of delivery to countries outside the European Union, additional costs may arise in individual cases which are to be borne solely by the customer, such as costs for the transfer of money through a bank (transfer fees, exchange rate fees) or import duties or taxes. Such costs can also arise in relation to the money transfer if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

3. Payment for the goods can in particular be made by PayPal, PayPal direct debit or credit card. The seller reserves the right to exclude individual payment methods, even after the order has been placed by the customer.
When paying by PayPal, the time of payment corresponds to the time of the order when using the payment service provider "PayPal". Payment is processed via PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the currently valid PayPal terms of use, which can be viewed at www.paypal.com. This assumes, among other things, that the customer opens a PayPal account or already has such an account.
When paying by credit card, the goods will be sent to the customer immediately after the transaction has been approved by the customer's credit card company if available. The credit card account is only charged on the day on which the delivery leaves the seller.

4. The customer, insofar as this is a company, is only entitled to fulfill the obligation to pay the purchase price by offsetting if the counterclaims have been legally established or are undisputed. In addition, he is then only authorized to exercise a right of retention if his counter-claim is based on the same contractual relationship.

5. Refunds of the purchase price are made as far as possible using the same payment method as the payment was made by the customer to the seller.
 

§5 Offsetting, right of retention

1. The customer is not entitled to offset against claims of the seller, unless the counterclaims of the customer have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.

2. The customer may only exercise a right of retention if his counterclaim arises from the same purchase contract. 
 

§6 Delivery and shipping conditions and transfer of risk

1. The delivery area covers the area of ​​the European Union.

2. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address given in the online order form is decisive.

3. Goods that are delivered by a forwarding agent are delivered "free curbside", i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed .

4. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery attempt. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a reasonable time in advance.

5. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them.
Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer himself has commissioned the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment and the seller has not previously named this person or institution to the customer.

6. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with his supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

7. Delivery delays caused by legal or official orders (e.g. import and export restrictions, official restrictions on public life, e.g. in the event of pandemics) and for which the seller is not responsible, extend the delivery period in accordance with the duration of such obstacles. In important cases, the seller will notify the customer of their beginning and end immediately. The delivery can also be extended by the time until the customer has handed over all information and documents that are necessary for the execution of the order.

8. Digital content is provided to the customer exclusively in electronic form, either by means of a download code by e-mail or by means of a download code on a voucher.

9. Partial deliveries by the seller are permissible as long as these are reasonable for the customer.
 

§7 Refusal of acceptance by entrepreneurs and special funds under public law

1. If the customer is an entrepreneur or special fund under public law and he does not accept the goods sold, the seller is entitled to either insist on acceptance or to demand 10% of the purchase price as a flat-rate compensation for damages and expenses, unless the The customer proves that the damage did not occur or was less. In the event of exceptionally high damage, the seller reserves the right to assert this.

2. For the duration of the delay in acceptance by the customer, who is an entrepreneur, the seller is entitled to store the delivery items at the customer's risk at his own premises, with a forwarding agent or a warehouse keeper. For the duration of the delay in acceptance, the customer has to pay a flat rate of 15 euros per month for the storage costs incurred without further evidence. The lump-sum compensation is reduced to the extent that the customer proves that expenses or damage have not occurred. The seller reserves the right to actually claim higher storage costs.
 

§8 Retention of title

1. The delivered goods remain the property of the seller until they have been paid for in full.

2. In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full.

3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax).
 

§9 Liability for defects and warranty

816 / 5000
Übersetzungsergebnisse
1. The seller is liable for material or legal defects of the delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

2. Any seller guarantees given by the seller for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may be enclosed with the items .
Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 8:00 a.m. to 5:00 p.m. on the telephone number +49 (0) 33708 4570-0 and by email at info@berolina.de.
 

§10 Liability

1. The seller is liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

2. In other cases, the seller is only liable - unless otherwise stipulated in Paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely (so-called cardinal obligation) limited to the replacement of the foreseeable and typical damage. In all other cases, the liability of the seller is excluded, subject to the provision in paragraph 3.

3. The seller's liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

4. The seller is not liable for the restoration of data unless he caused the loss intentionally or through gross negligence and the customer has ensured that a data backup has taken place so that the data can be reconstructed with reasonable effort.
 

§11 Software, literature, digital contente

1. Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the provided content for private and business purposes.

2. A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.

3. The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used even before this point in time. A transfer of rights does not take place through such a provisional permit.

4. In the case of delivery of software, literature, digital content, the special license and other conditions of the manufacturer apply beyond the conditions of the seller. By accepting the software, the customer expressly recognizes its validity.
 

§12 Applicable Law and Jurisdiction

1. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

2. If the customer is a merchant and has his seat in Germany at the time of the order, the exclusive place of jurisdiction is Berlin. In addition, the applicable statutory provisions apply to local and international jurisdiction.

3. Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr/. The seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.