Terms and Conditions and Customer Information
I. Terms of Service
§ 1 Basic provisions
(1) The following terms and conditions apply for contracts with us as a provider (Outlet46.de GmbH, On the Dingstelle 6, 38644 Goslar, Germany )about the website https://b2b.outlet46.de close, Unless agreed otherwise in writing between the parties. Deviating or conflicting terms and conditions are only with our express consent.
(2) We only offer our products for sale, as far as you are a natural or legal person or an authorized person Are partnerships that are exercising the conclusion of the legal transaction their commercial or self-employed professional activity (Entrepreneur). A contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods. The essential features of Ware can be found in the respective offer.
(2) Our offers on the internet are not binding and no binding offer to conclude a contract.
(3) You can submit a binding contract offer (order) by phone, by e-mail, by fax, by post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are stored in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button, you submit a binding offer us off.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after ordering by confirmation in text form (for example e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) If the delivery to countries outside the European Union, we may be responsible for other costs, such. Customs duties, taxes or money transfer fees (bank transfer or exchange rate charges) to be borne by you.
(4) Any costs incurred in transferring funds (bank transfer or exchange rate charges) must be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
§ 4 delivery terms
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method prepayment by bank transfer the dispatch of the commodity takes place only after entrance of the complete purchase price and the forwarding expenses with us.
(2) Should a product ordered by you contrary to expectations despite timely conclusion of an adequate cover transaction for a reason beyond our control not be available, you will be informed immediately about the unavailability and in the event of withdrawal about any payments already made refunded immediately.
(3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced independently by us, as long as you are not burdened with additional costs for shipping.
§ 5 warranty
(1) The warranty period is one year from delivery of the item. The reduction in time does not apply:
- liability for culpable damage caused by injury to life, limb or health and for intentional or grossly negligent other damage attributable to us;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods;
- in the case of items that have been used for a structure in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
(3) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
§ 6 Retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies to the exclusion of the UN purchase law.
(2) Place of fulfillment as well as place of jurisdiction is our domicile, as far as you are a merchant, legal entity of the public right or public law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. customer information
1. Identity of the seller
Auf der Dingstelle 6
Phone: 05321 561800
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order or the request, the contract data can be printed out or saved electronically via the browser's print function.
These terms and conditions were created by the lawyers specializing in IT law of the dealer federation and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.