Terms of service
General terms and conditions of business
of Metallwarenfabrik Simon GmbH, Fohlenhof 23, 91575 Windsbach, Germany, hereinafter referred to as Seller.
§ 1 General, Definitions
(1) The seller offers goods via the online shop on the website https://possimon-shop.de. The following General Terms and Conditions (GTC) apply to the business relationship between the Seller and the Customer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, upon conclusion of the legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements have priority over these terms and conditions. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the Seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The ordered goods may, due to technical reasons, differ slightly from the goods displayed on the Internet, in particular there may be colour deviations, as far as this is reasonable.
(2) The order by the customer can be placed via the seller's website, by e-mail, by fax or in writing. The customer's order represents a binding offer to conclude a sales contract for the ordered goods.
(3) The seller will confirm receipt of the customer's order immediately by fax or e-mail.
1a) In the case of payment in advance/bank transfer, the purchase contract does not come into effect with this order confirmation, but only when a separate e-mail is sent with an order confirmation or when the goods are delivered. In case of payment in advance/bank transfer, the seller is entitled to accept the contract offer contained in the order within 2 working days. An acceptance is deemed to be equivalent to the delivery of the ordered goods by the seller within this period.
1.b) In case of payment via Sofortüberweisung, G-Pay, Shop-Pay or PayPal, the contract is already concluded with the customer's payment order. The condition for an effective conclusion of the contract is always that the ordering process is completed when the order is sent.
(4) The conclusion of the contract is subject to the reservation that in case of incorrect self-delivery, the customer will not pay. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. The customer will be informed immediately if the goods are not available.
(5) If the customer orders the goods by electronic means, the text of the contract will be stored by the seller and sent to the customer by e-mail after conclusion of the contract, together with the legally effective General Terms and Conditions of Business.
§ 3 Retention of title
(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller reserves the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full.
(2) If the customer acts in breach of the contract, in particular in the event of default in payment, if the customer provides false information about his creditworthiness or if an application is made for the opening of insolvency proceedings, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided the customer has not yet or not completely provided the consideration.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to the vendor all claims in the amount of the invoice amount which accrue to him against a third party through the resale. The seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realisable value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the statutory value added tax. The additional shipping costs incurred during shipping are included in the "Shipping" [LINK] overview. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receipt of the order confirmation by e-mail or the invoice. After this period has expired, the customer is in default of payment. During the period of default, the consumer must pay interest on the money debt at a rate of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 9 percentage points above the base rate. In the event of default in payment, the entrepreneur shall also owe a flat-rate payment of 40 euros. This shall also apply if the entrepreneur is in default with an advance payment or other instalment payment. The seller reserves the right to claim higher damages from the entrepreneur. The lump sum in accordance with sentence 5 shall be offset against a claim for damages owed, insofar as the damage is justified in costs of legal action.
(3) The customer has a right to offset only if his counterclaims have been legally established, acknowledged or not disputed by the seller. The right of the customer to offset against contractual and other claims arising from the initiation or execution of this contractual relationship remains unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Payment options
(1) The customers can pay the purchase price by prepayment / bank transfer, instant bank transfer, credit card, G-Pay, Shop-Pay or PayPal.
(3) When paying by instant bank transfer, the customer must have an account with a participating bank or savings bank that is activated for online banking.
§ 6 Shipping
(1) The seller delivers exclusively to the countries listed in the [Shipping] overview.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) In case of payment in advance/bank transfer, immediate transfer, credit card, G-Pay, Shop-Pay or PayPal, the delivery period begins one day after the payment order is made. For all other payment methods, the period begins one day after the order is placed.
(4) Information on the delivery time for deliveries to other countries can be found in the [Shipping] overview on the Seller's website.
(5) If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period shall be postponed to the following working day.
(6) With regard to the reservation of proper self-supply, the Seller refers to § 2 para. 4 of these GTC.
(7) The Seller is entitled to make partial deliveries insofar as a partial delivery is reasonable for the Customer taking into account his interests. This has no influence on the content of the contract, in particular on the performance owed by the Seller or on the agreed performance time. The customer does not incur any additional costs through the partial delivery.
§ 7 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the consumer upon delivery of the goods, even in the case of mail order purchases.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery, in the case of mail order purchases upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
(3) The handing over of the goods is the same if the customer is in default of acceptance.
§ 8 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these GTC.
(2) Ordered goods can deviate slightly from the goods shown on the Internet within the scope of reasonableness. Reference is made to § 2 para. 1 of these AGB.
(3) Consumers have the choice whether they demand subsequent performance by repair or replacement. The Seller is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance does not cause significant disadvantages for the consumer. In the case of companies, the seller shall initially provide a warranty for defects in the goods at his discretion by repair or replacement.
(4) If the supplementary performance fails, the customer can basically demand a reduction of the purchase price (abatement) or rescission of the contract (withdrawal); in addition, the customer can demand compensation for damages instead of performance. In case of insignificant defects, the customer shall not be entitled to withdraw from the contract, taking into account the interests of both parties. Instead of compensation for damages instead of performance, the customer can demand compensation for futile expenses within the scope of § 284 BGB (German Civil Code), which he made in reliance on receipt of the goods and which he could reasonably make. If the customer chooses compensation instead of performance, the limitations of liability according to § 9 para. 1 of these General Terms and Conditions shall apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch or notification is sufficient to comply with the deadline. For merchants § 377 HGB (German Commercial Code) applies.
(6) If the customer is an entrepreneur, only the seller's product description is deemed to be agreed as the quality of the goods. Public statements, promotion or advertising by the manufacturer do not constitute a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period shall not apply if the Seller can be accused of gross negligence, furthermore not in the case of physical injury and damage to health attributable to the Seller and in the case of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with § 478 BGB. The Seller's liability under the Product Liability Act shall remain unaffected.
(8) Notwithstanding paragraph 7, the regular limitation period shall apply if the seller has fraudulently concealed a defect.
(9) The seller does not provide the customer with guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected by this.
§ 9 Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the average damage foreseeable and typical for this type of contract. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the Seller. The Seller shall not be liable for slightly negligent breach of insignificant contractual obligations. However, he is liable for the violation of legal positions of the customer which are essential to the contract. Essential contractual legal positions are those which the contract must grant to the customer according to the content and purpose of the contract. The Seller is also liable for the breach of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the Customer may rely.
(2) The aforementioned limitations of liability do not affect the Customer's claims under guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations, physical injury and damage to health attributable to the Seller or loss of life of the Customer.
(3) The seller is only liable for his own content on the website of his online shop. Insofar as links enable access to other websites, the Seller is not responsible for the external content contained there. He does not adopt the foreign contents as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these sites.
§ 10 Final provisions, dispute settlement
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN Sales Convention shall not apply. §§ Sections 201, 217 TDSG remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the competent court at the seller's place of business, unless an exclusive place of jurisdiction is given. However, the seller is also entitled to sue the businessman at his place of residence or business. The jurisdiction based on an exclusive place of jurisdiction remains unaffected by this.
(3) We are obliged to inform you that with regard to the so-called online dispute resolution by the European Commission, a corresponding online platform is provided. You can access this platform via the following link: https://ec.europa.eu/consumers/odr. In this context we are also obliged to inform you of our e-mail address. This is: firstname.lastname@example.org
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.