General terms and conditions
for the online shop at albert-turk.de
of
Albert Turk GmbH & Co. KG
Mühlhofe 8
58540 Meinerzhagen
germany
Telephone: +49 2358 2727-0
email: info@albert-turk.de
(hereinafter: vendors)
for selling products to consumers and entrepreneurs
(hereinafter: customers)
Scope
The seller's products, which are offered via the online shop at the above URL, are sold exclusively on the basis of the following general terms and conditions (GTC) in the version valid at the time the contract is concluded.
These terms and conditions apply exclusively. The customer's terms and conditions deviating from these terms and conditions do not apply, unless the provider and the customer have expressly agreed to this.
Definition, limitation
The subject of the contract is the one-time delivery of goods.
Conclusion of contract
The offers on the provider's website represent a non-binding invitation to the customer to order products (goods). By submitting the order (clicking on the “Pay” button) on the provider's website, the customer makes a binding offer to conclude a contract.
The confirmation of receipt of the order follows immediately after the order has been sent and in principle does not yet represent an acceptance of the contract. The provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or by the supplier delivering the ordered goods, in which case receipt of the goods by the customer is decisive, or by the provider requesting payment from the customer after the order has been placed. If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this is considered a rejection, with the result that the customer is no longer bound by his declaration of intent.
When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these terms and conditions.
Before submitting a binding order via the provider's online order form, the customer can constantly correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The German and English languages are available for the conclusion of the contract.
Redeeming promotional vouchers
Vouchers that are issued free of charge by the provider as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed on the provider's website under the appropriate conditions.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods provided by the provider can be selected to settle the difference.
The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher as part of his statutory right of withdrawal.
The promotional voucher is transferable. With liberating effect, the provider can pay to the respective owner who redeems the promotional voucher. This does not apply if the provider has knowledge or grossly negligent ignorance of the respective owner's incompetence, incapacity or lack of right of representation.
Payment
The prices listed on the provider's website at the time of ordering apply. All prices include the statutory value added tax and plus the shipping costs listed in each case.
The payment methods listed on the provider's website are available.
If the customer defaults on payment, the provider is entitled to charge late interest of five percentage points from consumers and default interest of nine percentage points above the base interest rate of the European Central Bank from entrepreneurs. In the event that the provider claims further damage caused by default, the customer has the opportunity to prove that the claimed default damage was not incurred at all or was incurred to a lesser extent.
Shipment
The delivery times can be found on the provider's website. The provider will point out any deviating delivery times on the respective product page. The start of the delivery time specified by the provider requires the timely and proper fulfilment of the customer's obligations, in particular the correct specification of the delivery address as part of the order.
Warrant
Statutory liability for defects applies. By way of derogation, the following applies to contracts for the delivery of goods:
The limitations of liability and time limits set out above do not apply
for claims for damages and expenses by the customer
in the event that the provider has fraudulently concealed the defect
for goods which have been used in accordance with their normal use for a building and have caused its defectiveness
Liability
The provider is liable to the customer for all contractual, contract-like and statutory, including tort claims for damages and expenses as follows:
- The provider is fully liable for intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated, or due to mandatory liability, such as under the Product Liability Act.
- If the provider negligently breaches an essential contractual obligation, liability is limited to foreseeable damage typical of the contract, unless liability is unlimited in accordance with the previous paragraph. Significant contractual obligations are obligations which the contract imposes on the provider in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
Otherwise, liability on the part of the provider is excluded.
The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
The customer indemnifies the provider from any claims made by third parties — including legal defense costs in their statutory amount — which are asserted against the providers as a result of acts contrary to the law or contract by the customer.
Information on online dispute resolution/consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute settlement proceedings under the VSBG.
Final provisions
The law of the Federal Republic of Germany is applicable to the exclusion of the UN sales law.
If the customer is a merchant, legal entity under public law or a special fund under public law, the court at the provider's registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer is not domiciled within the European Union. The location of the provider can be found in the heading of these terms and conditions.
To the extent that any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.
Status: 01.12.2024
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