General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier ( DESSENDO GmbH ) via the cherrymoda.de website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the Immediate payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online shop on the order overview page.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "order with obligation to pay" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and we do not assume any liability for errors.
(4) Insofar as we create texts, images, graphics and designs for you as part of the individual design, these are subject to copyright.
Use, reproduction or modification of individual parts or complete contents is not permitted without our express consent.
Unless otherwise agreed, we will grant you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties privately or commercially in any way.
The transfer of the right of use is subject to the condition precedent that the agreed purchase price is paid in full.
§ 4 right of retention , retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire joint ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 5 warranty
(1) The statutory warranty rights apply.
(2) In the case of used goods, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice of the provider, as well as recourse claims according to §§ 478, 479 BGB.
(3) If you are an entrepreneur, the following applies in deviation from Paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects in writing (e.g. email) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
c) In the event of defects, we guarantee, at our option, either repair or replacement. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice, as well as recourse claims according to §§ 478, 479 BGB.
§ 6 liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I) .
(3) If essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 8 Protection of minors
(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum receive the goods.
(3) Insofar as we are obliged to carry out an age check due to the statutory provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to obtain the identity card of the Have the goods received by the person receiving them for age control.
(4) Insofar as we state in the respective item description that you must be over the age of 18 to purchase the goods, above the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the legally prescribed minimum age got to.
II. Customer information
1. Identity of the seller
Dormagener Str. 29
Telephone: 02271 - 4897880
Email: shop @ dessendo .de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr .
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system , the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsbedingungen.pdf and http: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Statutory warranty rights
8.1. Liability for defects in our goods is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
8.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
These terms and conditions and customer information were created by the lawyers of the Händlerbund specializing in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service .
last update: 23.01.2017
General terms and conditions and customer information