GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope, definitions and subject matter of the contract 1.1. The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between Sanitätshaus von Foullon GmbH & Co. KG represented by von Foullon Geschäftsführungs GmbH Commercial Register B 16731 represented by Managing Director Joachim von Foullon Email: info@vonfoullon.de Internet: www. vonFoullon.de VAT ID no. DE 120924033Registered office: SolingenRegistration court: Wuppertal District CourtRegistration number: HRA 19735(hereinafter referred to as "Seller") and the customers (hereinafter referred to as "Buyer", jointly also referred to as "Parties") of the Seller.1.2. These Terms and Conditions apply exclusively if the Buyer is a consumer or supplier. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. In contrast, an entrepreneur according to Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.1.3. These Terms and Conditions apply in particular to contracts for the sale and/or delivery of movable items ("Goods") that the Buyer concludes with regard to the goods offered by the Seller in his shop.1.4. The Seller's Terms and Conditions apply exclusively. If the buyer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if the seller has expressly agreed to this.2. Conclusion of contract2.1. The presentation and advertising of the goods in the seller's store do not represent a binding offer on the part of the seller to conclude a purchase contract, but serve to make a binding offer to conclude a purchase contract by the buyer.
2.4. The seller will immediately confirm receipt of the buyer's order in writing or text form ([...]). Such a confirmation does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirmation of receipt.2.6. The time at which the contract is concluded between the parties depends on the payment method chosen by the buyer.2.6.1. If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment details and selecting the desired payment method, the buyer also confirms a payment instruction to PayPal by clicking the button that completes the ordering process. After confirming the payment instruction, the seller asks PayPal to initiate the payment transaction and accepts the buyer's offer when the button that completes the order process is clicked.2.7. The seller saves the contractual provisions, including the general terms and conditions, when the contract is concluded, while maintaining data protection, and sends them to the buyer in text form (by email) after the order has been sent.2.8. The buyer can view the text of the contract in his user account in the seller's store, provided that the buyer has set up a user account before sending the order. The order data is stored in the seller's system and can be viewed and accessed by the buyer using his access data in the password-protected user account.2.9. The contract is concluded exclusively in German.2.10. The buyer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the Buyer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3. Right of cancellation3.1. As a consumer, the buyer has a fourteen-day right of cancellation in accordance with the statutory provisions.3.2. Further information on the right of cancellation can be found in the seller's cancellation policy below.4. Delivery, delivery period and delay in delivery4.2. Goods are delivered by shipping to the delivery address provided by the buyer, unless otherwise agreed between the parties. The buyer's delivery address provided in the store when ordering is decisive.
4.4. It is not possible to collect the goods yourself.5. Transport damage, transfer of risk and delay in acceptance5.1. In the case of goods delivered with obvious transport damage, the buyer is requested to complain about this error to the deliverer as soon as possible and to contact the seller immediately. Failure to complain or contact has no consequences for the legal claims and their enforcement, in particular for the buyer's warranty rights.6. Prices, shipping costs and payment terms6.1. Unless otherwise stated in the seller's offer, the prices stated are total prices. The total prices stated are in EURO and are gross prices including the statutory sales tax applicable on the day of invoicing and, if applicable, plus any delivery and shipping costs. The amount of any delivery and shipping costs incurred is stated separately in the respective product description.6.3. The buyer can pay the purchase price using the following payment methods of his choice:6.3.1. If you select the payment method “PayPal”, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the buyer is redirected from the seller’s store to the PayPal website. If the buyer is not already registered with PayPal, registration is required in advance in order to be able to pay the invoice amount via PayPal. After the registration process, the buyer must identify himself with his access data and confirm the payment order to the seller. After confirming the payment order, the seller asks PayPal to initiate payment. Payment via PayPal is made automatically.7. Liability for defects and guarantees7.1. The seller is liable for material or legal defects of the goods delivered in accordance with the applicable statutory provisions, in particular Sections 434 ff. BGB.7.2. The limitation period for statutory claims for defects when purchasing used goods is one (1) year from the delivery of the goods. The limitation period for statutory claims for defects when purchasing new goods is two (2) years from the delivery of the goods.
8. Liability for damages8.1. With regard to the services provided by the seller, the seller, its legal representatives and its vicarious agents are only liable in the event of intent or gross negligence.8.2. In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but is limited to foreseeable, contract-typical damage.8.3. Essential contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely (so-called cardinal obligations). Claims for damages resulting from injury to life, body or health as well as under the Product Liability Act remain unaffected by the above restrictions.8.4. In all other respects, the seller's liability is excluded.
9. Retention of titleIf the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.10. Data protection10.1. The seller collects and stores the buyer's data necessary for the transaction. When processing the buyer's personal data, the seller observes the statutory provisions. The seller is entitled to transmit this data to third parties commissioned to carry out the order, insofar as this is necessary to fulfil the contract. Further details can be found in the seller's data protection declaration available online.10.2. The buyer can receive information about the data stored about him at any time upon request.10.3. In all other respects, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG).10.4. The seller holds the copyright to all texts, images and films published on his website. The use of images, films and texts is not permitted without the express consent of the seller.
11. Alternative dispute resolution The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. 12. Code of Conduct The seller has submitted to the code of conduct of the model code of conduct. The buyer can find further information on the Internet at https://www.muster-verhaltenskodex.de. 13. Final provisions 13.1. These General Terms and Conditions and the contractual relationship between the parties are subject to the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence. 13.2. If the buyer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business in Solingen.