I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Hausgeräte Pflästerer GmbH & Co. KG) via the website hausgeraete-pflaesterer.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Accessibility
(1) In accordance with Section 14 (1) No. 2 in conjunction with Appendix 3 No. 1 BFSG (Federal Act on the Accessibility of Electronic Commerce), we provide information on how our website and our service in electronic commerce meet the accessibility requirements of the relevant regulation (BFSGV). This information is available via a separate, appropriately labeled button (e.g. “Accessibility Statement” or similar) on our website and includes, in particular, the following points:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- Descriptions and explanations necessary to understand the performance of the service;
- a description of how the service meets the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
MLBF (under construction)
c/o Ministry of Labor, Social Affairs, Health and Equality Saxony-Anhalt
PO Box 39 11 55
39135 Magdeburg
Phone: 0391 567-4530
Email: andrian@weinheim-hausgeraete-pflaesterer.de
(3) We may use artificial intelligence (AI) and special tools to implement accessibility requirements on our website. This is intended to accommodate a wide range of possible disabilities, including visual, auditory, physical, language, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button on our website mentioned in paragraph 1.
(4) Our website or our e-commerce service is accessible if it can be found, accessed, and used by people with disabilities in the usual way, without particular difficulty, and generally without outside assistance.
(5) The measures for implementing accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrast, navigation via mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (if videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen reading aids), and customizable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the terms and conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the “shopping cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Continue to Order” button (or similar name) and entering your personal information as well as the payment and shipping terms, the order details will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will be redirected either to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also using the “back” function of your internet browser), or cancel the order.
By submitting the order via the corresponding button (“order with payment”, “buy” / “buy now”, “order with payment”, “pay” / “pay now” or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that receipt of the emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 4 Provision of services for assembly services
(1) To the extent that assembly services are the subject of the contract, we are responsible for the assembly work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.
(2) The service shall be provided on the agreed dates.
(3) You are obligated to cooperate. In particular, at the time the assembly services are provided, you must provide the opportunity to access the premises in a walkable and reasonably safe condition. Furthermore, you are obligated to provide us with electrical power and, if necessary, water, as necessary. We are entitled to terminate the contract for the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to comply with your obligation to cooperate. We will set you a reasonable deadline within which you can provide the necessary cooperation.
(4) If you exercise your right of termination pursuant to Section 648, Paragraph 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation only after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 5 Provision of Services for Repairs
(1) If repair services are the subject of the contract, we are obliged to carry out the repair work resulting from the service description. We will carry out this work personally or through third parties to the best of our knowledge and belief.
(2) You are obliged to cooperate; in particular, you must describe the defect in the device as comprehensively as possible and make the defective device available.
(3) You bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 – 7 days of receipt of the device to be repaired (but only after the time of your payment instruction if advance payment has been agreed).
(5) If you exercise your right of termination according to Section 648 S. 1 of the German Civil Code (BGB), we can demand a flat-rate fee of 10% of the agreed remuneration if work has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 6 Special agreements regarding offered payment methods
§ 7 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring the reserved goods as security is not permitted before ownership of the goods has been transferred.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount; we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we 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.
§ 8 Warranty
(1) The statutory liability for defects applies.
(2) If you are informed of this by us before submitting the contract and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from delivery of the goods. The above restriction does not apply:
– damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
– if we fraudulently concealed the defect or provided a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(4) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this prior to us entering into the contract and the deviation was expressly and separately agreed upon between the contracting parties.
(5) If you are a business owner, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed upon as the quality of the goods, but not other advertising, public praise, or statements by the manufacturer.
b) In the event of defects, we will provide a warranty at our discretion through repair or replacement. If the defect cannot be remedied, you can, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of subsequent improvement, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
– to damages attributable to us resulting from injury to life, body, or health, and to other damages caused intentionally or through gross negligence;
– to the extent that we fraudulently concealed the defect or provided a guarantee for the quality of the item;
– to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– to statutory recourse claims that you have against us in connection with warranty rights.
§ 9 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Hausgeräte Pflästerer GmbH & Co. KG
Daimlerstraße 9
69469 Weinheim
Germany
Telephone: 06201962520
Email: andrian@weinheim-hausgeraete-pflaesterer.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are subject to the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete contract text is not saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For quote inquiries outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be paid by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your own risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on termination of the contract and the termination conditions can be found in the provisions on “Installation Services” in our General Terms and Conditions (Part I) and in the respective offer.
8.2. Information on termination of the contract and the termination conditions can be found in the provisions on “Repair Services” in our General Terms and Conditions (Part I) and in the respective offer.
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .