Terms and conditions
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Saving the contract text
11. Final provisions
1. Scope
1.1. For the business relationship between [Second Hand Party - Paul Rolfs, owner: Paul Rolfs, Schönebeckerstr. 45, 39104 Magdeburg] (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of ordering.
1.2. You can contact our customer service for questions, complaints and complaints on weekdays from [9:00 AM] to [18:00] by telephone [+49 171 2986760] and by e-mail at [info@sehapa.de].
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can primarily be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not accepted unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid “as long as stocks last”, unless otherwise stated with the products. Otherwise, errors are reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range of products without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the [Checkout] button within the shopping cart to complete the order process.
3.2. By clicking on [Order subject to payment], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the “back” browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not represent an acceptance of the request. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending the invoice.
3.4. Should the seller allow payment in advance, the contract is concluded with the provision of bank details and a request for payment. If, despite the due date, payment has not been received by the seller by 10 calendar days after sending the order confirmation, even after being requested again, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without further consequences. When paying in advance, the item is therefore reserved for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices listed on the seller's website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly notified to the buyer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1. If payment in advance has been agreed, delivery will be made upon receipt of the invoice amount.
5.2. Should delivery of the goods fail due to the buyer's fault despite three attempts to deliver the goods, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration that has already been paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer is already in default if the deadline is missed. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the assertion of further damage caused by default by the seller.
6.6. The customer is only entitled to offsetting if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined in accordance with legal regulations.
8.2. There is only a guarantee for the goods delivered by the seller if this has been expressly provided. Customers are informed about the warranty conditions before the order process is initiated.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal eligibility requirements.
9.2. The seller is fully liable insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those set out in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect following assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Saving the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the contract text but do not make it available on the Internet.
11. Final provisions
11.1. The place of jurisdiction and place of fulfilment is the registered office of the seller if the customer is a merchant, legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.