General Terms and Conditions and Customer Information
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 (Delta Garage UG (haftungsbeschränkt)) via the website https://deltagarage.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of its self-employed professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods, including digital content (data created and provided in digital form), and/or the provision of repair services and/or assembly services.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item 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" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to order" button (or a similar designation) and entering personal data and payment and shipping conditions, the order details are displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be redirected 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 selection or input of your data there. Finally, on the website of the instant payment system provider or after being redirected back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you have the option to check, change (including using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "place order," "pay" / "pay now" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless another 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 is carried out by email, partly automated. You must therefore ensure that the email address you have stored with us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by spam filters.
§ 3 Usage License for Digital Content
(1) The offered digital content is protected by copyright. You receive a usage license from the respective licensor for each digital content purchased from us. The type and scope of the usage license result from the license terms specified in the respective offer.
(2) Unless otherwise stated in the respective offer, you receive a simple usage license. This includes a non-exclusive, unlimited right of use, in particular, permission to store and/or print a copy of the digital content for your personal use on your computer or other electronic device.
You are not authorized to rent, sublicense, publicly reproduce, or otherwise make available or provide the contractual digital content or parts thereof to third parties, whether for a fee or free of charge.
§ 4 Individually Designed Goods
(1) You must provide us with the necessary suitable information, texts, or files for the individual design of the goods via the online ordering system or by email immediately after concluding the contract. Any specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular, copyrights, name rights, trademark rights) or contravenes existing laws. You expressly release us from any claims asserted by third parties in this context. This also applies to any legal representation costs required in this regard.
(3) We do not check the transmitted data for content accuracy and assume no liability for errors.
§ 5 Conclusion of the Contract for Courses
(1) The subject of the contract is the conduct of courses.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding offer (order) via the online shopping cart system.
The courses intended for booking are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering personal data and payment conditions, the order data will be displayed as an order overview.
Before submitting the order, you have the opportunity to check and change all the details again (including using the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button, you make a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g., by email), in which the booking is confirmed (booking confirmation). If you do not receive a corresponding message, you are no longer bound to your booking. Any services already rendered will be refunded immediately in this case.
(4) The processing of the order and the transmission of all information required in connection with the contract conclusion take place by email, in part automatically. Therefore, you must ensure that the email address you have stored with us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.
§ 6 Performance of Services for Courses
(1) The courses are conducted in the form described in the respective offers at the agreed times.
(2) If the execution of the courses depends on the number of participants, the minimum number of participants is stated in the respective offer.
If the minimum number of participants is not reached, we will inform you at least 7 days before the course starts in text form (e.g., by email) about the non-performance of the booked course. Any services already provided will be refunded immediately in this case.
(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or other important reasons, any services already provided will be refunded immediately.
For events consisting of multiple sessions, if a session is canceled due to the short-term absence of the course instructor due to illness or other important reasons, the canceled session will be rescheduled for a replacement date.
(4) When using course rooms and facilities, you must adhere to the local house rules. You must follow our instructions or those of the course instructor.
§ 7 Substitute Participants
You may designate a substitute participant at any time before the course begins. There are no costs for this rebooking.
§ 8 Performance of Assembly Services
(1) If assembly services are the subject of the contract, we are obliged to perform the assembly work specified in the service description. We carry out these services to the best of our knowledge and belief, either personally or through third parties.
(2) The service will be provided at the agreed dates.
(3) You are required to cooperate. In particular, at the time of the assembly services, you must provide access to the premises in a walkable and reasonably hazard-free condition. Furthermore, you must provide us with electricity and, if necessary, water, as required. We are entitled to terminate the contract part relating to the performance of assembly services according to § 643 BGB if you fail to meet your obligations. For this purpose, we will set you a reasonable deadline to fulfill the necessary cooperation services.
(4) If you exercise your right of termination according to § 648 sentence 1 BGB, we may charge a lump sum compensation of 10% of the agreed remuneration if execution has not yet started. However, this applies only if you exercise your right of termination after the expiry of the statutory withdrawal period. You have the right to prove that we have actually incurred no or significantly lower costs.
§ 9 Performance of Repair Services
(1) If repair services are the subject of the contract, we are obliged to perform the repair work specified in the service description. We carry out these services to the best of our knowledge and belief, either personally or through third parties.
(2) You are required to cooperate, particularly by providing as detailed a description as possible of the defect in the device and making the defective device available.
(3) You are responsible for the costs of sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair will be completed, including shipping the device, within 5 - 7 days after receiving the defective device (in the case of agreed prepayment, however, only after your payment instruction).
(5) If you exercise your right of termination according to § 648 sentence 1 BGB, we may charge a lump sum compensation of 10% of the agreed remuneration if execution has not yet started. However, this applies only if you exercise your right of termination after the expiry of the statutory withdrawal period. You have the right to prove that we have actually incurred no or significantly lower costs.
§ 10 Special Agreements on Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The individual payment methods available through "PayPal" are displayed under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use additional payment services for payment processing; where special payment conditions apply, you will be informed separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
§ 11 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following supplementary provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership as security is not permitted before ownership of the reserved goods has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that arise from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to 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, insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 12 Warranty
(1) The statutory warranty rights apply.
(2) If you were informed of any deviations before submitting your contractual declaration and these were expressly and separately agreed upon, the limitation period for warranty claims for used goods is one year from delivery of the goods. This restriction does not apply:
- to damages attributable to us resulting from injury to life, body, or health, as well as other damages caused by willful misconduct or gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the condition of the goods.
(3) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, such deviation is only deemed agreed if you were informed of it before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the characteristics of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we provide a warranty at our discretion by rectification or replacement. If the defect rectification fails, you may either request a reduction in price or withdraw from the contract. Rectification is deemed unsuccessful after the second attempt unless something else arises from the nature of the goods, the defect, or other circumstances. In the case of rectification, we do not bear the increased costs incurred by transporting the goods to a location other than the place of performance unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. This limitation does not apply:
- to damages attributable to us resulting from injury to life, body, or health, as well as other damages caused by willful misconduct or gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the condition of the goods;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 13 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection provided by mandatory provisions of the law of the state in which they have their habitual residence (favorability principle).
(2) The place of performance for all services arising from our business relationships as well as the place of jurisdiction is our registered office, provided you are not 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 residence or habitual place of residence is unknown at the time of filing the lawsuit. The right to also appeal to 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 (CISG) do not expressly apply.
II. Customer Information
1. Identity of the Seller
Delta Garage UG (limited liability)
Pfaffenhofener Str. 3A
85302 Gerlosbach
Germany
Phone: 016094663915
Email: order@deltagarage.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on Contract Formation
The technical steps leading to the conclusion of the contract, the contract itself, and correction options are carried out in accordance with the provisions of "Contract Formation" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order, the contract data can be printed or saved electronically using the browser's print function. After receiving the order, we will send you the order details, legally required information for distance selling contracts, and the General Terms and Conditions again via email.
3.3. For offer requests outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form (e.g., via email), which you can print or save electronically.
4. Essential Characteristics of Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices listed in the respective offers, as well as the shipping costs, constitute total prices. They include all price components, including all applicable taxes.
5.2. The incurred 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 separately displayed during the ordering process, and must be paid by you unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that we are not responsible for, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which must be borne by you.
5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The available payment methods are listed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
5.7. Unless otherwise agreed, when booking courses, payment must be made at the latest on-site before the course begins; otherwise, there is no entitlement to participation.
6. Delivery Conditions and Provision
6.1. The delivery conditions, delivery time, any applicable delivery restrictions, and the conditions for providing digital content can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment only transfers to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur or any other person responsible for executing the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Legal Warranty Rights
The warranty is governed by the "Warranty" regulations in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on contract termination and termination conditions can be found in the "Assembly Services" section of our General Terms and Conditions (Part I) as well as in the respective offer.
8.2. Information on contract termination and termination conditions can be found in the "Repair Services" section of our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information have been created by the specialized IT law experts of Händlerbund and are continuously checked for legal compliance.
Last update: 22.10.2024