Terms of service
General terms and conditions, customer information and right of withdrawal
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts, which you conclude with me as a supplier (Stefan Krings) via the www.disagree.de website.
Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) Within the meaning of the following regulations, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their independent professional or commercial activity.
(3) These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The purchase contract is concluded with Stefan Krings.
(2) When you place the respective product in our online shop, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Next step" page and entering your personal data, go to the payment and shipping conditions with the "Next step" button. Finally, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal) as the payment method, you will be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, enter your data there accordingly. You will then be taken back to the order overview page in our online shop.
Before submitting the order, you have the option of checking all the information again, changing it (by selecting the previous step above) or canceling the purchase.
By submitting the order via the "buy" button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
c) The statutory right to liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with me and the place of jurisdiction is my registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 6 protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to the Have the identity card of the person receiving the goods presented for age verification.
(4) If we state in the respective article description that you must be 18 years of age to purchase the goods, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed Must be of legal age.
II. Customer Information
1. Identity of seller
Stefan Krings
Long Street 22
31547 Rehburg-Loccum
Germany
Phone: +49 (0)176 57750548
Web: www.disagree.de
Email: kontakt@disagree.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3.If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.4.1. Payment in advance: If you choose the payment method "payment in advance", we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
5.4.2. PayPal: During the ordering process you will be redirected to the website of the online provider "PayPal". In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately afterwards. You will receive further information during the ordering process.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your own risk.
6.3. We only deliver by mail. It is unfortunately not possible to collect the goods yourself.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8.Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://eceuropa.eu/consumers/odr/.
- We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Right of withdrawal
Revocation instructions for contracts concluded outside of business premises and distance selling contracts, with the exception of contracts for financial services. Right of withdrawal instructions:
You have the right to withdraw from this contract within one month without giving any reason. The cancellation period is one month from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send me, Stefan Krings, Lange Straße 22, 31547 Rehburg-Loccum, a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract , inform. You can use the attached model cancellation form (see below), which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired. Consequences of the revocation If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery) immediately and at the latest within one month from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Stefan Krings, Lange Str. 22, 31547 Rehburg-Loccum immediately and in any case no later than one month from the day on which you inform us of the cancellation of this contract.< /p>
The deadline is met if you send back the goods before the period of one month has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal form:
(If you want to revoke the contract, please fill out this form and send it back.)
- To Stefan Krings, Lange Str. 22, 31547 Rehburg-Loccum -
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service () - ordered on () / received on () -< /p>
Name of consumer(s) -
Address of consumer(s) -
Signature of the consumer(s) (only if notification is made on paper) -
Date _____________ (*) Delete where not applicable.