1. Basics
The following terms and conditions apply between A61 Textildruck & Stickerei, Pastoratshof 18, 47929 Grefrath, Germany - hereinafter referred to as the "Provider" - and the users of these services - hereinafter referred to as the "Users".
and the users of these services - hereinafter referred to as users.
As far as nothing else is agreed, the inclusion of own conditions of the users is contradicted. The registration and use of our web offers and the conclusion of a contract with the provider for the offered service is only possible if the user is a natural or legal person who, at the time of the conclusion of the legal transaction, is acting in the exercise of his commercial or independent professional activity within the meaning of § 14 BGB (German Civil Code). A conclusion of a contract with consumers according to § 13 BGB is principally excluded. Also excluded are persons who have not yet reached the age of 18.
The contract language is German.
2. Subject matter of the contract
The provider maintains a dropshipping trading platform in the underlying internet presence, through which users can offer and sell goods as registered providers. The provider reserves the right to exclude the sale of individual goods or categories of goods or services. Before sending the contract offer via the online ordering system, the contract data can be printed out or electronically stored using the browser's print function. The complete contract text is not stored by the provider.
3. Use
To buy and sell the goods offered via the trading platform, registration as a user is required. Within the scope of registration, a user account is set up under the e-mail address provided by the user and a password chosen by the user. The user undertakes to provide truthful information within the scope of registration. Any deception in this regard may constitute fraud. Upon request, transmitted data and the user account will be deleted immediately by the provider.
After sending the registration the user will receive an electronic information for the activation of his account. The access data for use are to be kept secret by the user. The user account is not transferable. After activation of the account the user is able to use the offers of the provider.
The use for ordering is done by following the instructions in the ordering process. Selected products can be placed in the shopping cart. The shopping cart can be corrected or deleted at any time as long as no final order has been made by using the button "order with obligation to pay".
4. Costs
The chargeable offers of the provider within the framework of its Internet presence do not represent a binding offer to conclude a contract, but an invitation to place an order (contract offer of the user). The User is able to submit his contract offer via the Provider's online ordering system. Under the button "Dropshipping Prices" within the navigation bar of the Provider's website, the User is able to select the desired orders and request an individual offer.
5. Conclusion of the contract
After registration as a user, the provider makes a binding offer to the user to sell via the trading platform. After that a contract is concluded.
The User may also submit a binding contract offer via the online ordering system. Before finalizing the order, the User has the opportunity to review and change all information or cancel the order. With the sending of the order, the offer of the user is considered binding to the provider. The acceptance of the offer and the associated conclusion of the contract takes place either via the order confirmation by e-mail or by activating the booked service. If the user does not receive a confirmation within 7 days or if the booked service is not activated, the user is no longer bound to his order. Any services rendered will be refunded.
6. Terms of payment
The prices to be paid by the user result from the offer. These are net prices. They do not include the statutory value added tax. Payment shall be made in advance. Invoices issued by the provider are due for payment immediately. The invoice is sent in electronic form with VAT shown. If the postal delivery of an invoice is requested by the user, the provider will charge a fee of € 1.50 per invoice. The specific costs for shipping and handling cannot be calculated as a lump sum, but depend on the specific scope of the order and the destination of the delivery. The costs can be found under the menu : "Extra services".
7. Obligations of the user
The user is obliged to check the service provided by the provider immediately and with due care and to point out any obvious defects. The inspection and notification of defects must be made within 7 days of delivery at the latest. § Section 377 of the German Commercial Code (HGB) shall apply accordingly. In the event of a breach of the obligation to notify defects, the assertion of warranty claims shall be excluded. The warranty period is otherwise 1 year from delivery.
8. Liability
The supplier is liable for damages resulting from injury to life, body or health, in all cases of intent and gross negligence and in the case of fraudulent concealment of a defect and all other cases regulated by law. Insofar as essential contractual obligations are concerned, the liability of the Provider shall be limited to the foreseeable damage typical for the contract in the case of slight negligence. Material contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely. In the event of a breach of immaterial contractual obligations, liability is excluded in the event of a slightly negligent breach of obligation.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there. In this context, the provider guarantees an accessibility of its servers of 99% on an annual average. Excluded from this are times when the server cannot be reached due to technical or other problems that are beyond the control of the provider (force majeure, fault of third parties, etc.). The provider assumes no liability for the loss of data transferred to web servers. Each user has to take his own appropriate measures to secure his data, especially the photos and offer descriptions.
9. Copyright
If the user transfers own logos, business names, graphics or similar, the user assures the provider that text and motif are free of third party rights. Any violations of copyright, trademark, personality or name rights are fully at the expense of the user. The user assures that he does not violate any rights of third parties by individualizing products. The User shall indemnify the Provider against all claims and demands asserted on account of infringements of such third-party rights. The User agrees to reimburse the Provider for all legal defense costs and other damages incurred by the Provider. The user agrees that products configured by him may be used as reference by the provider within the framework of his web presence. The user agrees that the provider is allowed to retain specimen copies for quality assessment. The User agrees that the Provider may use configured products as samples and refer to them to other customers. The user agrees that the provider is allowed to take photos of the ordered, produced goods of the user and to publish them in the context of his web presence.
10. Place of jurisdiction
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is the local court of Krefeld.
11. Severability clause
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a gap in the contract.
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