General terms and conditions of the company Optik Heger
§1 Validity of the conditions
1) The deliveries, services and offers of the seller are always made exclusively on the basis of these terms and conditions in the version valid at the time of the respective contract conclusion.
2) All agreements made between the seller and the buyer for the purpose of executing this contract must be in text form (Ebay correspondence, email).
§2 Offer and conclusion of contract
1) The seller's offers are subject to change and non-binding.
2) Drawings, illustrations, dimensions, weights or other performance data are not binding, in particular descriptions of the condition at auctions.
§3 Delivery and delivery times
1) The seller reserves the right to send the shipment depending on its size, weight or shape, either by post, parcel service or forwarding agent.
2) Delivery dates or deadlines that can be agreed as binding or non-binding must be in text form.
3) The seller is entitled to make partial deliveries and partial performance at any time, unless the partial delivery or partial performance is of no interest to the buyer.
4) Compliance with the delivery and performance obligations of the seller presupposes the timely and proper fulfillment of the obligations of the buyer.
5) If the buyer is in default of acceptance, the seller is entitled to demand compensation for the damage he has suffered; with the onset of default in acceptance, the risk of accidental deterioration and accidental loss passes to the buyer.
§4 Shipping and transfer of risk
1) Parcels and parcels are only insured within the framework of the transport company. All parcels and parcels are delivered via Deutsche Post, DHL or UPS. Changes to the shipping form may be possible after consultation and to be agreed in text form.
2) At the request of the buyer, deliveries in his name are additionally insured for his account. Increased international insurance and the resulting costs are borne entirely by the buyer.
3) If the customer desires uninsured shipping (parcel) from us, he waives claims for damages via ebay or other auction houses, which would result from a non-traceable, undelivered or incorrectly delivered goods delivery. With payment of the shipping costs (parcel / package), the customer expressly denies ebay buyer protection for this matter.
4) In the event of damage to the goods during transport, the customer must notify the transport company (Deutsche Post, DHL, UPS) of this by presenting the goods in order to enable subsequent settlement of the damage.
§5 Rights of the buyer in the case of defects not shown
(1) The products are delivered according to the advertised condition. The seller assures the best possible conscientiousness when checking and describing the auction goods, except for items with a defined, unchecked condition.
2) Complaints about the delivery or recognizable external defects on the product that have not been described or have been fraudulently / negligently concealed must be made within 14 days of receipt of the shipment; the timely sending of the notification is sufficient to meet the deadline.
Articles with a defined, unchecked condition are excluded.
3) In the event that the defect is partly caused by the buyer, the buyer is to contribute to the supplementary performance costs in accordance with his share of the fault (§254 BGB).
5) The deadline for asserting claims for defects is 12 months for items offered. The period begins with the delivery of the goods.
§6 Retention of title
1) Until the fulfillment of all claims, which the seller is entitled to for any legal reason against the buyer now or in the future, the seller retains ownership of the delivered goods (reserved goods). The buyer may not dispose of the reserved goods.
2) If third parties - especially bailiffs - access the reserved goods, the buyer will point out the property of the seller and notify the seller immediately so that the seller can assert his property rights. If the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer is liable for this.
3) If the buyer behaves contrary to the contract - especially in the event of late payment - the seller is entitled to withdraw from the contract and to demand the return of the reserved goods.
1) Unless otherwise agreed, the seller's invoices are payable in advance without deduction. Payment is only deemed to have been made when the seller can dispose of the amount.
2) The seller expressly reserves the right to refuse checks or bills of exchange. In the case of checks, payment is only deemed to have been made when the check has been cashed and credited.
3) The buyer is only entitled to contest if the counterclaim is undisputed or legally established. However, the buyer is also entitled to withhold due to counterclaims from the same contractual relationship.
1) Claims for damages are excluded regardless of the type of breach of duty, including unlawful acts, unless there is willful or grossly negligent action.
2) In the event of a breach of essential contractual obligations, the seller is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, saved expenses from claims for damages by third parties as well as for other indirect and consequential damages cannot be claimed, unless a quality feature guaranteed by the seller is intended to protect the buyer against such damage.
3) The limitations and exclusions of liability in paragraphs 1 and 2 do not apply to claims that have arisen due to fraudulent behavior on the part of the seller, as well as liability for guaranteed quality features, claims under the Product Liability Act and damage resulting from injury to the life of the buyer or The Health.
4) Insofar as the seller's liability is excluded or limited, this also applies to employees, workers, representatives and agents of the seller.
if the goods are not satisfied or complaints, the goods can be returned with sufficient postage within 14 days after receipt of the goods.
§10 Place of jurisdiction, partial nullity
1) The place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship is Neubrandenburg.
2) Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, the effectiveness of all other provisions or agreements will not be affected.
1) We are happy to help you with any questions or complaints.