Terms of service
General Terms and Conditions
1. SCOPE
The following General Terms and Conditions apply to all orders placed through our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
The following applies to business customers: if the business customer uses conflicting or supplementary general terms and conditions, their application is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Udo Meyer - 157Grad.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the order process. By clicking the order button you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order is sent by email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you have chosen:
Cash on delivery, VivaWallet
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Payment in advance
We accept your order by sending a declaration of acceptance in a separate email within two days, in which we give you our bank details.
Credit card
When placing the order you provide your credit card details and the credit card company carries out an authorisation check. Once you have been identified as the legitimate cardholder, the payment transaction is initiated automatically and your credit card is debited when the order is placed. The contract with us is concluded at the time the credit card is debited.
Giropay
After placing the order you are redirected to the website of your bank, where you confirm the payment instruction to your bank. This concludes the contract with us.
3. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT
The language(s) available for the conclusion of the contract: German
We store the text of the contract and send you the order details and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the internet.
4. DELIVERY TERMS
Shipping costs may apply in addition to the stated product prices. You will find further details of any shipping costs with the offers.
You generally have the option of collecting your order from Udo Meyer - 157Grad, Göttinger Chaussee 115, 30459 Hannover, Germany during the business hours stated below: by appointment
5. PAYMENT
The following payment methods are generally available in our shop:
Payment in advance
If you select payment in advance, we will give you our bank details in a separate email and deliver the goods once payment has been received.
Cash on delivery
You pay the purchase price directly to the delivery agent. An additional charge of 3.99 euros applies.
Credit card
When placing the order you provide your credit card details. Once you have been identified as the legitimate cardholder, the payment transaction is carried out automatically and your card is debited.
Giropay
After placing the order you are redirected to the website of your bank. In order to pay the invoice amount via Giropay, you must have a bank account enabled for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the order process. The payment transaction is carried out immediately afterwards and your account is debited.
Google Pay
In order to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the order process.
Apple Pay
In order to pay the invoice amount via Apple Pay, you must use the browser “Safari”, be registered with the service provider Apple, have activated the Apple Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the order process.
VivaWallet
Payment service provider
6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. Business customers are not granted a voluntary right of withdrawal.
7. RETENTION OF TITLE
The goods remain our property until payment has been made in full.
The following applies in addition to business customers: 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 sum, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: if goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.
The following applies to business customers: the risk of accidental loss and accidental deterioration passes 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. Among merchants, the duty to examine the goods and to give notice of defects governed by Section 377 HGB (German Commercial Code) applies. If you fail to give the notice governed there, the goods are deemed to be approved, unless the defect was not identifiable during the examination. This does not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory law on liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs more than one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For business customers, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. Used goods are sold with all warranty excluded. The statutory limitation periods for the right of recourse under Section 445a BGB (German Civil Code) remain unaffected.
Vis-à-vis business customers, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract shall be deemed an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims.
If the item delivered is defective, we shall initially provide warranty to business customers, at our discretion, either by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).
The above limitations and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of an intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a breach of material contractual obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, where agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the respective product and on special information pages in the online shop.
Customer service: you can reach our customer service Mon. – Fri. between 2:00 p.m. & 6:00 p.m. on tel. no. 4951126232729 (answering machine possible / we will call you back free of charge)
10. LIABILITY
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of injury to life, body or health
• in the event of an intentional or grossly negligent breach of duty
• in the event of guarantee promises, where agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.
In the event of a breach of material contractual obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the contracting party may regularly rely (cardinal obligations) through slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded and typically to be expected.
In all other respects, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. "As a matter of principle, we are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
12. PROTECTION OF MINORS
Insofar as your order includes goods whose sale is subject to age restrictions, we use a reliable procedure involving a personal identity and age check to ensure that the person ordering has reached the required minimum age. The delivery agent hands over the goods only after the age check has been carried out and only to the person ordering in person.
13. FINAL PROVISIONS
If you are a business customer, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered place of business.
General Terms and Conditions [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].
This English text is a translation provided for your convenience. In the event of any discrepancy between the German and the English version, the German version shall prevail.
