Terms of Service
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 (DESTO UG - limited liability) via our Online Shop. 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) If an article is posted by us on Online Shop, the activation of the offer page on Online Shop constitutes the binding offer to conclude a purchase contract under the conditions contained in the article page.
(3) The Online Shop terms and conditions apply to the conclusion of the contract, in particular § 6, a corresponding link can be found at the bottom of every Online Shop page.
Depending on the offer format, the conclusion of the contract is regulated as follows:
"§ 6 Offer formats and conclusion of contract
2. If a seller uses the Online Shop services to place an item in auction or fixed price format, he submits a binding offer to conclude a contract for this item. He determines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can also provide offers in auction format with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. Online Shop reserves the right to change this function in the future.
4. In the case of fixed price items, the buyer accepts the offer by clicking the "Buy It Now" button and then confirming. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button and completing the immediately following payment process. The buyer can also accept offers for several articles by placing the articles in the shopping cart (if available) and completing the immediately following payment process.
5. At auctions the buyer accepts the offer by submitting a bid. The acceptance is made under the condition precedent that the buyer is the highest bidder after the offer period has expired. A bid expires if another buyer makes a higher bid during the offer period. (...)
6. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and delete the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user who is the highest bidder again after the auction has ended due to the bid withdrawal and the seller.
8. In certain categories the seller can add a price proposal function to his offer. The suggested price function enables buyers and sellers to negotiate the price for an item. (...)
11. If an article is deleted from Online Shop before the end of the offer period, no effective contract is concluded between buyer and seller. "
(4) Purchase using the "Buy It Now" or "Bid" function
Clicking the "Buy it now" or "Bid" buttons on the article pages does not lead to binding contractual declarations. Rather, you also have the option of checking your entries afterwards and correcting them using the "Back" button of the Internet browser or canceling the purchase. This option no longer exists until the binding contract declaration has been submitted. From the menu navigation of Online Shop when making a purchase, it is clear by which declaration you enter into a binding and by which action the contract comes about.
(5) Purchase using the "Price proposal" function
With the "Price proposal" function, you have the option of making us a counter offer by clicking the "Send price proposal" button on the item page, entering your price proposal on the following page, selecting the "Check price proposal" button and on the next page Confirm the "Send price proposal" button (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your best offer.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 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.
§ 4 Warranty
(1) The statutory provisions apply.
(2) In the case of used items, 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 on the part 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 examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects in writing 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 violation 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 twice, you can either request a reduction in price or withdraw from the contract. 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.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health, 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 object of purchase, in case of damage after Product Liability Act and in all other legally regulated cases.
(2) Insofar as 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.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) 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.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of performance for all services arising 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.
II. Customer information
1. Identity of the seller
DESTO UG (limited liability)
74523 Schwäbisch Hall
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 take place in accordance with Section 2 of our General Terms and Conditions (Part I.)
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, 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.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the item description and the additional information on our website.
5. Prices and payment methods
5.1. 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.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website, 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.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective item description.
A cash payment and collection of the goods is possible, as far as expressly stated in the item description.
5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. 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 item description.
Unless otherwise specified in the item description or our delivery conditions, the goods will be delivered within 3-5 working days after the conclusion of the contract, in the case of prepayment only after receipt of the full purchase price and shipping costs.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods 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.
7. Statutory warranty rights for goods
7.1. The liability for defects for our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I).
7.2. 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 who specialize 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.
Welcome to our online shop!
We attach great importance to the protection of your data and the protection of your privacy. In the following, we will therefore inform you about the collection and use of personal data when using our online shop.
Anonymous data collection
You can visit our online shop without providing any information about yourself. We do not save any personal data in this context.
Collection, processing and use of personal data
We collect personal data (individual details about personal or factual circumstances of a specific or identifiable natural person) only to the extent that you have made available.
The processing and use of your personal data takes place to fulfill and process your order as well as to process your inquiries.
After the contract has been fully processed, all personal data will first be stored taking into account retention periods under tax and commercial law and then deleted after the deadline, unless you have consented to further processing and use.
Use of the email address for sending newsletters
We use your e-mail address, regardless of the contract processing, exclusively for our own advertising purposes for sending newsletters, provided you have expressly consented to this. At the same time, we would like to point out that by agreeing to receive our newsletter, you consent to the online shop evaluating your usage behavior with regard to the newsletter and providing us with this data to improve the newsletter. Your declaration of consent to be given in this regard is as follows:
"I would like to subscribe to the following newsletter (s) and I consent to the online shop evaluating my usage behavior with regard to the newsletter and providing the seller with this data to improve the newsletter:
"New" newsletter from Desto UG (limited liability). "
You can unsubscribe or manage the newsletter at any time in the “My Account Page” or contact us directly. You will find our contact information in the legal notice. Your e-mail address will then be deleted from our list of subscribers to the newsletter.
Transfer of personal data
Your data will not be passed on to third parties without your express consent. The only exception to this are our service partners, who we need to process the contractual relationship. In these cases we strictly observe the requirements of the Federal Data Protection Act. The amount of data transmission is limited to a minimum.
Access, rectification, blocking and deletion of data
You have the right to free information about your stored data as well as the right to correction, deletion or blocking at any time. Contact us on request. The contact details can be found in our legal notice.