General Terms and Conditions

1. Scope of Application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Contracting Party, Conclusion Of Contract, Correction Possibilities

The contract of sale is concluded with 2EyeTec GmbH.

Die Darstellung der Produkte im Online-Shop stellt kein rechtlich bindendes Angebot, sondern einen unverbindlichen Online-Katalog dar. Sie können unsere Produkte zunächst unverbindlich in den Warenkorb legen und Ihre Eingaben vor Absenden Ihrer verbindlichen Bestellung jederzeit korrigieren, indem Sie die hierfür im Bestellablauf vorgesehenen und erläuterten Korrekturhilfen nutzen. Durch Anklicken des Bestellbuttons geben Sie ein verbindliches Angebot über die im Warenkorb enthaltenen Waren ab. Die Bestätigung des Zugangs Ihrer Bestellung erfolgt per E-Mail unmittelbar nach dem Absenden der Bestellung.

We accept your offer within two days, by

• we issue a declaration of acceptance in a separate e-mail or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. Contract Language, Contract Text Storage

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Conditions

Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.

We do not deliver to packing stations

5. Payment

In our store, the following payment methods are generally available:

Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

6. Right Of Withdrawal

You are entitled to the statutory right of withdrawal, as described in the cancellation policy.

7. Reservation Of Proprietary Rights​​​​​​​

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport Damages​​​​​​​

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty And Guarantees​​​​​​​

9.1 Liability For Defects

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions for entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations for merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Guarantees And Customer Service

Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

10. Liability​​​​​​​

For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute Resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

AGB erstellt mit dem Trusted Shops Rechtstexter