General terms and conditions with customer information of DIMAX Int. GmbH
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Revocation
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Defect Liability (Warranty)
- Applicable Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of DIMAX International GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve as a binding offer by the Customer.
2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. Alternatively, the Customer can also submit the offer to the Seller by telephone, email, or postal mail.
2.3 The Seller can accept the Customer's offer within five days
- by sending the Customer a written order confirmation or a confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed his order.
If several of the above alternatives are available, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the Customer chooses the payment method "Amazon Payments," the payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online ordering process, the Customer also issues a payment instruction to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter). The Seller does not provide any further access to the contract text. If the Customer has created a user account on the Seller's online shop before sending the order, the order data will be stored on the Seller's website and can be accessed by the Customer free of charge through his password-protected user account, using the corresponding login data, where applicable.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct his inputs within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The contract can be concluded in German and English languages.
2.9 Order processing and contact will usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered, especially when using SPAM filters.
3. Right of Revocation
3.1 Consumers generally have a right of revocation.
3.2 Further information on the right of revocation can be found in the Seller's revocation policy.
3.3 The right of revocation does not apply to consumers who are not citizens of a member state of the European Union at the time of contract conclusion and whose sole place of residence and delivery address is located outside the European Union at the time of contract conclusion.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which the Customer must bear. These may include, for example, costs for money transfers through banks (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even 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.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If payment is agreed by bank transfer in advance, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the Customer chooses a payment method offered by PayPal, the payment processing is carried out via PayPal. If the Seller also offers payment methods through PayPal where the Seller makes a payment in advance (e.g., purchase on account or installment payment), the Seller hereby assigns his payment claim to PayPal or the payment service provider commissioned by PayPal, naming the Customer specifically. Before accepting the assignment of the Seller's claim, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer's selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations, and returns or credits, even in the event of the assignment of the claim.
4.6 If the Customer selects the payment method "SOFORT," the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). To be able to pay the invoice amount via "SOFORT," the Customer must have an online banking account that is activated for participation in "SOFORT," must identify himself accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then immediately carried out by "SOFORT," and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.
4.7 If the Customer selects the payment method "Credit Card" in the online ordering process, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The credit card payment method is available to Customers with a billing address in Germany, Austria, or the Netherlands. When selecting the "Credit Card" payment method, the Seller declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process. In this case, the payment transaction is processed immediately, and the Customer's credit card is charged. The Customer's credit card will be charged after the Seller's order confirmation is sent.
4.8 If the Customer chooses the payment method "Apple Pay" in the online ordering process, the payment processing is carried out via the payment service provider Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (hereinafter referred to as "Apple"). When paying with Apple Pay, the payment method selected by the Customer in the online ordering process is charged at the time the Customer completes the ordering process. In this case, the payment transaction is processed immediately. The charge on the payment method linked to Apple Pay is made after the Seller's order confirmation is sent.
5. Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the Seller's order processing is decisive. However, if the Customer selects PayPal as the payment method, the delivery address specified by the Customer at the time of payment with PayPal is decisive.
5.2 If the transport company sends the goods back to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer 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 reasonable advance notice of the service.
5.3 Digital content (e.g., software, ebooks) will be made available to the Customer for download in the Seller's online shop.
6. Retention of Title
6.1 The Seller retains ownership of the goods until the purchase price owed has been paid in full.
6.2 For entrepreneurs, the following additional provisions apply:
The Seller reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full. The Customer may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this resale shall be assigned to the Seller in advance in the amount of the invoice, regardless of whether the goods subject to retention of title are resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's right to collect the claims himself remains unaffected. However, the Seller undertakes not to collect the claims as long as the Customer meets his payment obligations from the collected proceeds, does not fall into arrears, and, in particular, has not filed for bankruptcy or initiated similar proceedings, or there is a suspension of payments. If this is the case, the Seller may request that the Customer inform the Seller of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and inform the debtors (third parties) of the assignment.
If the realizable value of the securities exceeds the Seller's claims by more than 10%, the Seller shall release securities of his choice at the Customer's request.
7. Defect Liability (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The Customer is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not comply, this will not affect his legal or contractual claims for defects.
7.3 For entrepreneurs, the following applies in deviation from paragraph 1:
The Customer must inspect the goods immediately and with the required diligence for quality and quantity deviations and notify the Seller of obvious defects within 7 days from receipt of the goods. The timely dispatch of the notice is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. The Customer is liable to the Seller for damages arising from the failure to report defects or late reporting of defects.
Upon delivery, the goods must be carefully examined by the Customer or a third party designated by the Customer. If the Customer fails to report defects, the goods are deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if the Seller has fraudulently concealed a defect.
7.4 If the Customer is a merchant within the meaning of the German Commercial Code (HGB), the commercial obligation to examine and give notice of defects under Section 377 of the German Commercial Code (HGB) shall apply. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to be approved.
8.1 The Seller's liability for damages is excluded, except for claims for damages by the Customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, his legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
8.2 In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from injury to life, body, or health.
8.3 The limitations of paragraphs 1 and 2 also apply in favor of the Seller's legal representatives and vicarious agents if claims are asserted directly against them.
8.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Seller has acted intentionally, has provided a guarantee for the quality of the goods, has fraudulently concealed a defect, or if liability is mandatory under applicable laws, such as in cases of product liability.
9. Applicable Law
9.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the Seller and the Customer, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the Customer has his habitual residence.
9.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller's registered office.
10. Code of Conduct
10.1 The Seller has submitted to the following code of conduct:
Code of Conduct: [Name of the Code of Conduct]
10.2 The link to the code of conduct, as well as the possibility to access and download it, shall be provided to the Customer on the Seller's website.
If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer's registered office is located outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activities, shall be the registered office of the seller. However, in all cases, the seller is entitled to bring legal action against the customer at the customer's place of business.
12. Code of Conduct
- The seller is subject to the guidelines for "Google Customer Reviews," which can be accessed on the internet at https://support.google.com/merchants/topic/7105962.
- The seller is subject to the Trusted Shops quality criteria, which can be accessed on the internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
13. Alternative Dispute Resolution
13.1 The European Commission provides a platform for online dispute resolution (ODR) accessible at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.