TERMS OF SERVICE
Fischfangnetz.de
Nelli Sdrujkowski
Bohnenbreden 21
27572 Bremerhaven Germany
Email: fischernetz111@gmail.com
(Company) tax number 7543000269
UStd ID no. DE323381489
§ 1 General, Scope
The following general terms and conditions in their currently valid version apply to business relationships of any kind between Fischfangnetz.de and the customer. Deviating conditions or general terms and conditions of the customer are not valid, unless otherwise agreed in writing.
All offers, regardless of whether they are made by telephone, fax, internet, e-mail or in any other way, are only binding for Fischfangnetz.de if they have been confirmed in writing or the goods have been delivered and / or an invoice has been issued.
Fischfangnetz.de reserves the right not to provide the promised service if, after the conclusion of the contract, it turns out that the goods are not available, although a corresponding sales contract has been concluded. In such a case the customer will be notified immediately. Any consideration already provided by the customer will be reimbursed immediately. Further claims by the customer against Fischfangnetz.de are excluded.
§ 2 conclusion of contract
The offers from Fischfangnetz.de on the Internet represent a non-binding invitation to the buyer to order goods from Fischfangnetz.de. By ordering the desired purchase item on the Internet, the buyer submits a binding offer to conclude a purchase contract. Fischfangnetz.de is entitled to withdraw this offer within a reasonable period of time. To accept §147 paragraph 2 BGB by sending an order confirmation. The order confirmation is sent by email. If the deadline specified in sentence 1 has expired without success, the offer is deemed to have been rejected.
§ 3 Payment, Due Date, Default in Payment
All prices are cash prices including VAT plus any packaging and transport costs.
For new customers and first-time customers, we reserve the right to carry out a credit check and, if necessary, to restrict payment options in accordance with Section 3 (3) of the General Terms and Conditions.
When delivering against prepayment / PayPal you will receive an invoice by email, we undertake to deliver immediately (depending on the arrangement) after receipt of payment!
Payment by cash on delivery is only possible for shipping within Germany. We reserve the right to accept or exclude certain types of payment in individual cases. When paying in advance, the customer undertakes to pay the purchase price immediately after the conclusion of the contract. When paying by cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods. If payment on account has been agreed, the customer undertakes to pay the invoice amount within 14 days of receipt of the goods. In the case of direct debit, the debit takes place within one week of the conclusion of the contract and in the case of payment by credit card, the debit takes place after the goods have been dispatched. If the customer is in default of payment, he is responsible for any negligence during this time, and he is particularly liable for the accidental loss due to the performance, unless the damage would have occurred even if the performance was performed on time. The purchase price is subject to interest during the delay in accordance with the statutory interest rate. The assertion of further damage is not excluded. If the payment term stated in the invoice is exceeded, all our claims become due and payable immediately. From this point in time, interest at the statutory rate as well as reminder and postage charges of a flat rate of € 5.00 will be charged. If the payment term stated in the invoice is exceeded, all our claims become due and payable immediately. From this point in time, interest at the statutory rate as well as reminder and postage charges of a flat rate of € 5.00 will be charged. If the payment term stated in the invoice is exceeded, all our claims become due and payable immediately. From this point in time, interest at the statutory rate as well as reminder and postage charges of a flat rate of € 5.00 will be charged.
The buyer is only entitled to offset if the counterclaims have been legally established by a court or have been recognized in writing by Fischfangnetz.de.
§ 4 delivery
Delivery is at the risk of the customer. As soon as the goods have been handed over to a transport company by Fischfangnetz.de, the risk is transferred to the customer. This also applies to partial deliveries. Delivery is made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code, the risk of accidental loss and accidental deterioration of the item sold does not pass to the buyer until the item is handed over, even if the item is sold by mail. The handover is the same if the buyer is in default of acceptance.
The goods are to be examined for transport damage immediately after receipt by the customer or his agent. Detectable transport damage must be reported immediately in writing. The customer must have any packaging damage confirmed in writing by the transport company upon acceptance of the goods.
Information about delivery times is generally non-binding, unless a specific delivery time has been agreed in writing.
Claims for damages against Fischfangnetz.de due to non-fulfillment or delay are excluded, unless there is intent or gross negligence.
Delivery is generally made against prepayment (reimbursement of the specified delivery and shipping costs).
§ 5 retention of title
The delivered goods remain the property of Fischfangnetz.de until all claims against the customer, including all ancillary claims, have been paid in full. In the case of contracts with consumers, §13 BGB, Fischfangnetz.de retains ownership until the purchase price has been paid in full.
The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full or to take other measures that endanger the property of Fischfangnetz.de. The customer already now assigns his future claims against the purchaser in the amount of the purchase price agreed between Fischfangnetz.de and the customer including interest and ancillary claims against Fischfangnetz.de. Fischfangnetz.de accepts this assignment.
§ 6 prices
The specified price for the object of purchase is the final price including the statutory value added tax and other price components. In the event of VAT increases, the time at which the service is rendered is decisive for the calculation of the VAT. The price does not include delivery and shipping costs. When the website www.Fischfangnetz.de is updated, all previous prices and other information about the object of purchase become invalid.
§ 7 Warranty
Fischfangnetz.de guarantees that the object of purchase is free of defects upon delivery.
When purchasing consumer goods:
If a material defect becomes apparent within six months of the handover of the object of purchase, it is assumed that it was already defective at the time of handover, unless this assumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after a month has elapsed, the buyer must prove that the material defect already existed when the object of purchase was handed over. If the object of purchase is defective upon delivery, Fischfangnetz.de has the right, as supplementary performance, to either remedy the defect or deliver a defect-free object of purchase. If the supplementary performance fails three times, the buyer has the right to reduce the purchase price or to withdraw from the contract. Fischfangnetz.de has the right to refuse supplementary performance, if it is impossible or only possible at disproportionate costs. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. Claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. Claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. Claims of the buyer due to defects expire after two years, in the case of the sale of used items in one year. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied.
Contracts with entrepreneurs:
In contracts with entrepreneurs, the guarantee for used goods is excluded.
If a material defect appears within one month of the handover of the object of purchase, it is assumed that it was already defective at the time of handover, unless this assumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after a month has elapsed, the buyer must prove that the material defect already existed when the object of purchase was handed over. If the object of purchase is defective upon delivery, Fischfangnetz.de has the right, as supplementary performance, to either remedy the defect or deliver a defect-free object of purchase. If the supplementary performance fails three times, the buyer has the right to reduce the purchase price or to withdraw from the contract. Fischfangnetz.de has the right to refuse supplementary performance, if it is impossible or only possible at disproportionate costs. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Buyer's claims for defects expire in two years. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Buyer's claims for defects expire in two years. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied. In this case, the buyer's claim is limited to the reversal of the purchase contract, claims for damages are excluded. If Fischfangnetz.de delivers a defect-free purchase item for the purpose of supplementary performance, Fischfangnetz.de can request the buyer to return the defective purchase item. Buyer's claims for defects expire in two years. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular by the information provided by the manufacturer of the goods supplied. Fischfangnetz.de can demand the return of the defective purchase item from the buyer. Buyer's claims for defects expire in two years. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied. Fischfangnetz.de can demand the return of the defective purchase item from the buyer. Buyer's claims for defects expire in two years. Damage caused by improper or non-contractual measures taken by the buyer during installation, connection, operation or storage do not justify a claim against Fischfangnetz.de. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied.
§ 8 withdrawal
Fischfangnetz.de is entitled to withdraw from the contract with regard to a part of the delivery or service that is still open if incorrect information has been given about the buyer's creditworthiness or objective reasons become known regarding the buyer's insolvency, e.g. the opening of insolvency proceedings against the assets of the buyer or the rejection of such a procedure for lack of cost-covering assets. Before withdrawing from the contract, the buyer is given the opportunity to make an advance payment or to provide security. Without prejudice to any claims for damages, in the case of partial withdrawal, partial services already provided must be invoiced and paid for in accordance with the contract.
§ 9 Terms of Use
The buyer is responsible for using the goods purchased and undertakes to use the goods in accordance with the legislation of the country / region where the goods are used. All claims against Fischfangnetz.de are excluded.
§ 10 revocation
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within two weeks without giving a reason.
The cancellation period is two weeks from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Nelli Sdrujkowski
Bohnenbreden 21
27572 Bremerhaven
Germany
UStd ID no. DE323381489
E-mail: fischernetz111@gmail.com by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than one month from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of one month has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- Model withdrawal form -
(If you want to cancel the contract, please fill out this form and send it back.)
At
Nelli Sdrujkowski
Bohnenbreden 21
27572 Bremerhaven Germany
Email: fischernetz111@gmail.com
(Company) tax number 7543000269
UStd ID no. DE323381489
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_____________________________________________
_____________________________________________
Ordered on ___________________ (*) / received on _______________________ (*)
Name of the consumer (s)
_________________________________
Address of the consumer (s)
_________________________________
_________________________________
_________________________________
_____________________________________________
Date Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable
§ 11 Limitation of Liability
Fischfangnetz.de is only liable for damage other than injury to life, body and health insofar as this damage is based on willful or grossly negligent action or culpable breach of an essential contractual obligation by Fischfangnetz.de or its vicarious agents. Essential to the contract is an obligation, the fulfillment of which makes the proper execution of the contract possible and compliance with which the buyer can regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by Fischfangnetz.de for the quality of the object of purchase and the product liability law remain unaffected. 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. We are therefore not liable for the constant availability of our internet shop.
§ 12 data protection
All personal data required to carry out the order are stored in machine-readable form and treated confidentially. The data necessary for processing an order, such as name and address, will be passed on to the companies commissioned with the delivery of the object of purchase as part of the delivery.
§ 12 place of jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The validity of UN purchasing law is excluded. If the buyer does not have a general place of jurisdiction in Germany, the court at Fischfangnetz.de's place of business is responsible, unless an exclusive place of jurisdiction is justified for the dispute. Bremen is the exclusive place of jurisdiction for transactions with entrepreneurs.
§ 13 Severability Clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected. In the event that the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract, an agreement must be concluded between the parties that comes as close as possible to the invalid agreement in economic terms and legally is permissible.
Dispute settlement procedure
We do not take part in a dispute settlement procedure before a consumer arbitration board. The law on alternative dispute resolution in consumer matters, however, requires that we still refer you to a consumer arbitration board responsible for you:
General consumer arbitration board of the Center for Arbitration e. V.
Strassburger Str. 8
77694 Kehl
Internet: www.verbrauch-schlichter.de
Your partner in the field of fishing accessories
www.Fischfangnetz.de
Chief Executive Officer:
Sdrujkowski Nelli
Responsible for data processing:
Boris Sdrujkowski
Bohnenbreden 21
27572 Bremerhaven
Germany
Email: fischernetz111@gmail.com
(Company) tax number 7543000269
UStd ID no. DE323381489
.