General terms and conditions for business customers B2B
§ 1 business area
- By placing an order, the customer ("customer") accepts the following general terms and conditions of Barbara Kristen Luisella Ströbele GbR ("icke, BERLIN") for using the icke, BERLIN online shop.
§ 2 Conclusion of contract and withdrawal / right of withdrawal
- Barbara Kristen Luisella Ströbele GbR is free not to accept orders. The decision is at the discretion of Barbara Kristen Luisella GbR. If an order is not carried out, we will inform the customer of this within a period of 5 working days.
- The offers of Barbara Kristen Luisella Ströbele GbR are non-binding and binding until the delivery date.
- All oral, especially telephone, additional and supplementary speeches, including those relating to the execution of the online order, require the separate written confirmation from Barbara Kristen Luisella Ströbele GbR to be valid. Our silence about subsequent changes and / or additions means rejection.
§ 3 delivery
- Unless otherwise agreed, delivery is made from the Berlin production site to the delivery address specified by the customer
- Delivery is at the expense and risk of the recipient.
- Barbara Kristen Luisella Ströbele GbR is entitled to deliver the goods in partial deliveries after consultation with the buyer.
- Complaints about deliveries or their calculation can only be made within the statutory periods after receipt of the delivery.
- Transport damage or partial loss must be confirmed by the deliverer.
- After the delivery period agreed in the order has expired, a subsequent delivery period of 16 days begins. After the expiry of the subsequent delivery period, the withdrawal from the contract is excluded, with the exclusion of claims for damages.
- The costs of a return, which are based on incorrect or incomplete addressing, or are due to the customer's refusal to accept, will be charged to the customer.
- The withdrawal from the contract according to the preceding paragraph does not occur if the buyer declares to Barbara Kristen Luisella Ströbele GbR in writing that he insists on the fulfillment of the contract. Barbara Kristen Luisella Ströbele GbR is released from the delivery obligation if the buyer does not comment on our written request within the subsequent delivery period as to whether he insists on the fulfillment of the contract.
- The punctuality of delivery depends solely on the day of delivery of the goods by Barbara Kristen Luisella Ströbele GbR to the shipping company.
- If the buyer wants to claim damages for non-fulfillment, he must set the Barbara Kristen Luisella Ströbele GbR in writing a 4-week period, with the threat that he will refuse to perform after the period has expired. This only applies if we have received this written notice within the above Delivery period arrives. The amount of compensation is in any case limited to max. 1/3 of the order value limited.
§ 4 prices and terms of payment
- All product prices are given in euros. All prices are the recommended retail price.
- The invoice amount is due and payable when ordering. icke, BERLIN accepts the displayed payment methods such as payment by PayPal, credit card or payment on account during the ordering process. If the customer pays by invoice, the invoice amount is due immediately in advance.
§ 5 warranty / complaint
- Obvious, in particular visible, defects in the delivered goods including transport damage must be reported in writing immediately upon delivery, but no later than 1 week after receipt, with a precise description.
- Barbara Kristen Luisella Ströbele GbR is only obliged to accept returns of goods for checking defects if the buyer has previously announced the return in writing, stating the invoice number and the invoice date.
- If there is a defect in the purchased item for which Barbara Kristen Luisella Ströbele GbR is responsible, the buyer can either request subsequent performance by means of rectification of the defect or replacement delivery within a period of 20 working days. If Kristen Luisella Ströbele GbR is not ready or not in a position to remedy the defect / replacement delivery due to disproportionality, or is this delayed beyond reasonable deadlines for reasons for which Berlin Barbara Kristen Luisella Ströbele GbR is responsible or the remedial work / replacement delivery fails in any other way , the buyer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price.
- In the case of transport damage, the goods must be left in the condition in which they were when the damage was recognized.
- Unless otherwise stated below, further claims by the purchaser - regardless of the legal reasons - are excluded. Barbara Kristen Luisella Ströbele GbR is not liable for damage that has not occurred to the delivery item itself; In particular, Barbara Kristen Luisella Ströbele GbR is not liable for loss of profit or other financial loss of the customer. Insofar as the liability of Barbara Kristen Luisella Ströbele GbR is excluded, this also applies to the personal liability of employees, representatives and vicarious agents.
- The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury. Furthermore, it does not apply if the customer asserts claims from §§ 1.4 Product Liability Act, claims due to faulty defects according to §§ 437 BGB. The same applies in the event of initial inability or the impossibility to be represented.
- If Barbara Kristen Luisella Ströbele GbR negligently violates a contractual obligation, the obligation to pay compensation for property damage is limited to the damage that typically arises.
§ 6 Interruption of delivery, withdrawal
- In the event of force majeure, official measures, as well as malfunctions through no fault of your own, which have lasted more than a week or are expected to last, the delivery period or acceptance period will be extended by the duration of the hindrance, however at the most by 5 weeks plus subsequent delivery period. The extension does not occur if Barbara Kristen Luisella Ströbele GbR does not immediately inform the buyer of the reason for the disability as soon as it is overlooked that the aforementioned deadlines cannot be met.
§ 7 Applicable law and place of jurisdiction
- German law applies to the exclusion of the UN purchase law.
- The place of jurisdiction is the seat of Barbara Kristen Luisella Ströbele GbR. If the buyer does not have a general place of jurisdiction in Germany or if he moves his place of residence or business or his usual place of residence from the Federal Republic of Germany after conclusion of the contract or his place of residence or business or his usual place of residence is not known at the time the lawsuit is filed, it remains Barbara Kristen Luisella Ströbele GbR reserves the right to sue the buyer at his place of jurisdiction.
§ 8 Severability clause
- If a provision of the General Terms and Conditions of Barbara Kristen Luisella Ströbele GbR is ineffective or unenforceable, this does not affect the effectiveness of the contract and the other terms and conditions. The ineffective or unenforceable provision is to be replaced by an effective or feasible provision according to its meaning.
§ 9 Disclaimer for external links
As far as links to websites of other providers are available, icke, BERLIN has no influence on their content.
Therefore, icke, BERLIN assumes no guarantee and liability for this content. The respective provider or operator of the website is always responsible for the content of this website. The linked pages were checked for possible legal violations and recognizable legal violations at the time the link was created. No illegal content was discernible at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of rights violations, such links will be removed promptly.
§ 10 Applicable Law
German law applies exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the customer is domiciled abroad.
§ 11 complaints
In the event that the customer wants to complain about the circumstances of the conclusion of the contract or the type of contract execution, he can contact the following address:
12047 Berlin Germany
Telephone +49 (0) 30 62989997
§ 12 provider of the website
The website offered under the domain www.icke-berlin.de is operated by
Barbara Kristen Luisella Ströbele GbR