For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal entity or a legal corporation that is acting on behalf of its commercial or independent professional activity. In regards to entrepreneurs, these terms and conditions apply by default to any future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby contradicted. They only become part of the contract if we have expressly consented to them.
Contracting party, conclusion of contract
The purchase contract is concluded with German Inflatable e.K. The listing of the products on the online shop is not a legally binding offer, but a non-binding online catalog. You can add our products initially without obligation to the cart and correct your input before submitting your binding order at any time, by providing this in the order process and use the explained proofing tools. By clicking on the order button you place a binding order of the goods added to the shopping cart. You will receive a order confirmation via E-Mail as soon as you place the order.
Terms of Service
The contract concluded varies based off of the selected payment method:
Payment in advance
We accept your order by sending a declaration of acceptance in separate e-mail within two days, in which we give you our bank details.
As part of PayPal Plus we do offer various PayPal payment method services. After placing the order you will be redirected to the website of the online payment processor PayPal. That is when you can enter your payment details and confirm the payment. This is when you conclude the contract with us.
Contract language, contract text storage
The contract is available in the following languages: German and English.
We save the contract text and send you the order details as well as our terms and conditions by E-Mail. The text of the contract is no longer accessible online for security reasons.
Retention of title
The products remain our property until full payment. The following is additionally applicable for entrepreneurs: We reserve the ownership of the products until the complete settlement of all claims from an ongoing business relationship. You may re-sell the reserved goods in ordinary business; All claims resulting from this re-sale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we should have agreed to this assignment. You remain entitled to collect the claims, but we may also collect the claims ourselves, in case you do not meet your payment obligations.
Warranty and Guarantees
Unless otherwise expressly agreed, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract. We accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we initially provide at our discretion the repair or replacement of the goods whichever is applicable and available. The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents• In case of injury to life, body or health• in case of intentional or grossly negligent breach of duty as well as malice• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)• as part of a guarantee promise, as far as agreed• as far as the scope of the product liability law is opened.Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
We are always liable with limitation for claims due to damages caused by us, our legal representatives or vicarious agents • in case of injury to life, body or health, • in case of intentional or grossly negligent breach of duty, • with guarantee promise, if agreed, or • as far as the scope of the product liability law is opened. In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
The European Commission provides a platform for online dispute resolution (OS), which can be found here http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board. Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. 11. Final provisions If you are an entrepreneur, then German law applies excluding the UN sales law. Are you a merchant within the meaning of the Commercial Code, a legal entity 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 place of business.
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