I. General Terms and Conditions
II. Notes



I. GENERAL TERMS AND CONDITIONS 



1. General information


1.1 Scope of application
These General Terms and Conditions of Business apply in the version valid at the time of the contract's conclusion for all business relations between us (Dörr GmbH, Messerschmittstr. 1, 89231 Neu-Ulm, represented by its managing directors: Peter Dörr, Philip Dörr-Schick and Valentin Breitling) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.

1.2 Contract agreement
The contract language is German.

1.3 Registration
To use the full scope of our website, it is first necessary to create a customer account. In this process, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the data required for login. Only when you have logged on to our website with these details for the first time the registration is complete.
The password, which enables you to access the personal area, is to be treated as strictly confidential and may under no circumstances be passed on to third parties. You take appropriate and reasonable measures to prevent your password from being disclosed to third parties. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password.

1.4 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data, including invoice address and, if necessary, a different delivery address, unless you have already entered this in your customer account. In the third step you select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g., name, address, method of payment, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With your order, you declare your contractual offer to be binding. We will immediately confirm receipt of your order. The confirmation of receipt does not yet represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, telephone, post, or notification of dispatch of the goods. The contract is only concluded upon acceptance.

The text of the contract will be saved by us and sent to you in text form (e.g., e-mail or by post) after you have sent your order, together with these General Terms and Conditions and customer information. However, the contract's text can no longer be called up by you on the website after you have sent your order. You can use your browser's print function to print the relevant website with the text of the contract.


2. Delivery


2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include, in particular, strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone the delivery by the duration of the obstructive event.

2.3 Exclusion of delivery
P.O. box addresses will not be delivered.

2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.

2.5 Time of performance
Unless expressly agreed otherwise, delivery by us will be made within 5 days. In the case of prepayment, the start of the delivery period is the day after the payment order is issued to the remitting bank or, in the case of payment by cash on delivery or purchase on account, the day after the contract is concluded. The period shall end on the fifth day following this. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the period shall end on the next working day.


3. Payment


3.1 Prices and shipping costs
All prices include value-added tax if you are a consumer. Our prices do not include value-added tax for entrepreneurs. The costs for packaging and shipping are shown separately unless collection by you at our place of business is agreed upon.

3.2 Default of payment
You are in default of payment if we do not receive a payment within two weeks of receipt of the invoice. In the event of default of payment, interest will be charged at a rate of 5 percentage points above the European Central Bank's base rate, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of a claim for further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage.

3.3 Right of retention
You are only entitled to assert a right of retention for such counterclaims due and based on the same legal relationship as your obligation.


4. Cancellation policy for consumers in distance contracts


4.1 Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or has taken possession of the goods / the last goods.

To exercise your right of revocation, you must inform us (Dörr GmbH, Messerschmittstr. 1, 89231 Neu-Ulm, telephone: + 49 731-9703769, e-mail: : info@doerr.gmbh) through a clear statement (e.g., e-mail or a letter sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.

To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of withdrawal

If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional costs arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this agreement. We will use the same payment method for this refund as you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the fourteen days expiry. You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to handling the goods that are not necessary to check their condition, properties, and functionality.

- End of the cancellation policy -

4.2 Exclusion of the right of withdrawal
The right of revocation does not apply to contracts for delivering goods that are not prefabricated and for the production. An individual selection or determination by the consumer is decisive or tailored to the consumer's personal needs. Similarly, the right of withdrawal does not apply to contracts for the supply of goods liable to spoil quickly or whose expiry date would be soon exceeded.

4.3 Specific information on the early extinction of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of cancellation expires prematurely if the seal on the goods was removed after delivery. In the case of contracts for delivering sound or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.


5. Reservation of title


The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods under a simple reservation of title with care at all times. You assign any claim or compensation you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, particularly in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.


6. Warranty


6.1 Warranty claim
There are legal warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (eg color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.
 
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods are handed over to you. If you notice that the outer packaging arrives damaged or if you notice any damage after receipt of the goods, we ask you to notify us. However, there is no obligation to make such a notification, nor are warranty rights affected by a failure to notify us. If the goods are defective, you may choose to demand subsequent performance in the form of repair or replacement within a reasonable period. We shall bear the costs of taking back the goods to be replaced.

6.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply vis-à-vis entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The Contractor shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
 
6.4 Rights in case of insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.
 
6.5 Compensation for defects
No warranty shall be provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.
 
6.6 Statute of limitations
For consumers, the statutory limitation periods shall apply, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.


7. Liability


7.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for achieving the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.

7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.


8. Final provisions


8.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law.

8.2 Choice of law
As far as there are no effective legal regulations according to your home country law, German law under exclusion of the UN-purchase right is considered as agreed.

8.3 Consumer dispute resolution proceedings
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS Platform). You can access the OS Platform under the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.

8.4 Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.


II. Notes


Battery disposal

In connection with the sale of batteries or with the delivery of devices containing batteries, we are obliged to draw your attention to the following:

You are legally obliged to return used batteries as end-user. You can return used batteries that we carry or have carried as new batteries in our range free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meaning:

The symbol of the crossed-out dustbin means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0.002 mass percent cadmium
Hg = battery contains more than 0.00005 mass percent of mercury.
Please note the above information.



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