§ 1 . Area of Application
(1) These General Terms and Conditions apply exclusively to business relationships via the DOM online shop between Christian Koban Frankfurt am Main (hereinafter: “DOM”), and the customer for the delivery of goods. The valid version hereof is applicable upon ordering. Deviating terms and conditions of customers shall not be acknowledged by DOM, unless DOM has issued express written approval.
(2) Other General Terms and Conditions from DOM, in particular the General Terms and Conditions applicable in DOM stores are expressly not applicable to orders via the DOM online shop.
§ 2 . Contracting Parties/Contractual Language
(1) Contracting Party is
Neue Kräme 29
D-60311 Frankfurt am Main
Domicile: Frankfurt am Main
VAT-ID: DE 111936900
Managing Director: Christian Koban
(2) Contractual language is German.
§ 3 . Conclusion of Contract
(1) The presentation of products on the DOM online shop does not represent a binding offer. These are subject to change and non-binding. The customer issues a binding offer to DOM, when the online ordering process with the entry of the required information is completed and the “Send Order” button in the last step is clicked. This order represents an offer to DOM to conclude a purchase agreement.
(2) After the customer has sent the order, DOM shall send the customer an email confirming receipt of the order by DOM and which confirms the details (order confirmation). This order confirmation does not represent acceptance of the offer, but is merely intended to inform the customer that the order has been received by DOM.
(3) A purchase agreement is first initiated when the ordered product is dispatched to the customer and dispatch to the customer is confirmed by a second email (confirmation of despatch). No purchase agreement is made for products from one and the same order and which is not included in the confirmation of despatch. For the “advance payment” mode of payment (see section 7 (3)), the purchase agreement is already concluded on the submission of the order by the customer and despatch of the advance payment demand by DOM.
(4) If DOM is unable to accept the customer’s offer, the customer shall be notified of the non-availability of the ordered item. DOM shall refund the customer’s payment without delay.
(5) Only agreements with end consumers shall be accepted. DOM also does not offer any products for purchase by minors. DOM products intended for children may also only be purchased by adults.
(6) All products shall only be sold in household usual quantities. This refers both to the quantity of an ordered product within the scope of one order and also to the issue of several orders for the same product, in which the individual orders are in the scope of usual household quantities.
§ 4 . Contract Documents
The specific contractual text regarding the order is not stored by DOM and cannot be recalled following conclusion of the ordering process. The customer should therefore carefully store all documents and messages received from DOM. In ordering by DOM, the customer has the opportunity to secure the contract data via the print function intended for this purpose.
§ 5 . Instructions for Right of Return Right of Return
The customer may return the goods without providing grounds, within 30 days. This term commences upon receipt of this instruction in text form (e.g.) via letter, fax, email), however not before receipt of the goods. The customer may only declare return by request of return in text form by goods which cannot be posted (e.g. bulky goods). The term is deemed adhered to through timely return postage or request of return. In all cases return is at the risk and expense of DOM. Returned goods or the request of return should be addressed to:
Christian Koban Onlineshop
Neue Kräme 29
D-60311 Frankfurt am Main
Consequences of Return In the event of an effective return the performance of both parties shall be returned and where applicable usage benefits (e.g. benefits through use) shall be deducted. In the event of a deterioration of the goods, replacement of value may be demanded. This shall not apply where the deterioration of the goods arises exclusively from inspection thereof, as would have been possible in a shop. Otherwise the customer can avoid an obligation to provide replacement through damage arising through use of the goods, by not treating the goods as own property and avoiding actions which reduce the value of the goods. Obligation to refund payments must be fulfilled within 30 days. This term commences for the customer on the return sending of the goods or request of return, for DOM upon receipt. End of the instructions for right of return Notice: right of return is excluded on agreements for • the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, • delivery of audio or video recordings, where the seal has been broken, • delivery of newspapers, magazines and illustrateds. Otherwise the statutory exclusions under the terms of section 312 d (4) German Civil Code (BGB) shall apply.
§ 6 . Prices, Delivery, Shipping Charges
(1) All prices stipulated in the DOM online catalogue are including the applicable statutory VAT.
(2) In sending the goods, mailing costs are incurred, unless not otherwise expressly agreed. The costs for delivery are depending on item size and retail price. bow.berlin also delivers abroad; for those deliveries shall in some cases incur higher delivery costs. For any inquiries regarding delivery costs please kindly contact us by e-mail email@example.com.
(3) If in exceptional cases individual items should incur higher delivery charges, these will be separately indicated in the scope of the ordering process and issued in invoice. These shall be assumed by the customer.
(4) Insofar as not otherwise agreed, delivery is ex warehouse to the address provided by the customer. Information regarding delivery date is non-binding, insofar as the delivery date is not expressly agreed in individual cases. DOM has the right to perform partial deliveries, insofar as reasonable for the customer.
(5) In the event that for logistical reasons a delivery has to occur in several deliveries, the delivery charges shall only be charged once.
(6) Export restrictions may apply to the import of goods to countries outside Germany and import tax incurred, which the customer shall assume. These vary in different customs territories. The customer is responsible for the correct payment of the required customs duties and charges.
§ 7 . Payment, Delay
(1) The customer may pay the purchase price including delivery charges • through advance payment, • by credit card (Mastercard, Visa, American Express) or • PayPal The customer chooses the mode of payment.
(2) Payment via the sending of cash or cheques is not possible. DOM expressly excludes liability for any losses.
(3) On paying via advance payment, the customer shall transfer the invoiced amount within five days of receipt of the pro forma invoice sent in the confirmation mail with provision of the invoice number into the following account:
Bank: Frankfurter Stadtsparkasse
For bank transfers from abroad:
IBAN: DE 16500502011201978554
BIC / SWIFT CODE: HELADEF1822
(4) On payment via credit card, the credit card will be charged to the amount of the invoice sum within 2 weeks of receipt of the order. Credit card payments are also possible via the PayPal billing system. The customer may create an account for this purpose under www.paypal.de . Payment will occur directly during the ordering process. To do so the customer must select the “PayPal” payment option.
(5) If the customer should delay payment, DOM has the right to demand default interest. DOM also reserves the right in this event to issue reminder charges.
§ 8 . Warranty Conditions
(1) Should delivered goods evidence obvious material or manufacturing defects, which also includes transport damage, the customer shall report such defects to DOM without delay. The customer’s claims and rights as purchaser expire two years following receipt of the goods. Notice: For orders from customers who are traders under the terms of section 14 German Civil Code (BGB) the warranty term is restricted to one year .
(2) If the purchased item should be defective, the statutory provisions shall apply. The assignment of these customer claims is hereby excluded.
(3) Insofar as not stipulated otherwise in the following, further claims on the part of the customer are hereby excluded, independent of the legal grounds on which they are based. DOM is therefore not liable for damage which does not occur to the delivery item directly; DOM is in particular not liable for loss of profit or any other financial losses suffered by the customer. Insofar as the contractual liability of DOM is excluded or restricted, this shall also apply to the personal liability of employees, representatives and agents.
(4) The aforementioned restriction of liability does not apply, insofar as damage arises due to malice or gross negligence or personal injury arises.
(5) Insofar as DOM negligently breaches a contractual duty, the obligation to provide compensation for damage to property is limited to typically arising damage.
(6) If supplementary performance in the form of a replacement delivery occurs, the customer is obligated to return the initially delivered goods within 30 days to DOM at the expense of DOM. The return of defective goods shall occur in accordance with the statutory provisions. DOM reserves the right to assert compensation for damage in accordance with the statutorily regulated provisions.
(7) Further guarantee beyond the statutory warranty for the property of the goods shall be assumed on the part of DOM, only where DOM has expressly confirmed this separately in writing.
§ 9 . Retention of Title
The delivered goods remain the property of DOM until paid for in full.
§ 10 .Offsetting, Retention
The customer shall only have a right to offset where the counterclaims have been legally established or are not disputed on the part of DOM. The customer is only entitled to exercise a right of retention, where the counterclaim is based on the same contract.
§ 11. Data Protection
(1) Protection of personal data, collected and processed by DOM occurs in accordance with the strict provisions of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Data from the order process shall only be used or processed to perform the contract and for the purpose to process the order, and where applicable also forwarded to other service providers such as delivery services, hauliers and credit card companies. In this case the recipient is obligated to use this data exclusively for this purpose and to adhere to the statutory protection provisions.
(2) In addition the purpose described above, DOM shall use the data provided for own advertising purposes, where the customer has subscribed to the free DOM newsletter. The customer can refuse the further use of its data for this purpose at any time, through simple notification to Christian Koban , Neue Kräme 29, D-60311 Frankfurt am Main or firstname.lastname@example.org).
(3) Further information concerning the form, scope, location and purpose of the collection, processing and use of personal data for the processing of orders, registration to the email notification service and the transmission of required personal data by DOM is located in the data protection declaration [LINK].
§ 12 . Copyright
(1) All rights are reserved, the content and structure of the DOM online shop website are subject to copyright and other protective laws. Insofar as not otherwise provided, all trademarks on the DOM online shop and website are trademark protected. This shall particularly apply to DOM brands, company logos and emblems. Amendment of this site is prohibited.
(2) All image rights lie with DOM and/or its partners. Use without written permission is prohibited.
§ 13 . Use of Warning and Safety Notices
Several articles in the DOM online catalogue contain warning notices on the sales or outer packaging, which must be acknowledged and correspondingly observed prior to opening the packaging. DOM excludes all liability arising from the disregarding of these legally required notices of warning. If items should not be usable on the grounds of the warning notice, the right of return can be employed.
§ 14 . Exclusion of Liability
DOM directs to other sites on the internet via links on its site. Applicable to all links is: DOM expressly declares that it has no influence as to the design and content of linked sites. We therefore expressly distance ourselves from all contents of all linked third party sites on www.dom-ck.com and do not make the content of these sites our own. This declaration applies to all displayed links and for the entire contents of these sites, to which the links direct. Insofar as DOM obtains knowledge of illegal contents on external websites, DOM will immediately block access to these sites.
§ 15 . Final Provisions
(1) German law shall apply without the conflict of laws rules and on exclusion of the UN CISG.. In transactions with consumers within the European Union, the law applicable to the domicile of the consumer may apply, insofar as it concerns imperative provisions of consumer law. If imperative consumer law should not conflict, German law shall apply to the contract concluded with the customer, under the terms of sentence 1.
(2) Insofar as the customer is a trader under the terms of the German Commercial Code, Frankfurt am Main is the sole legal venue for all claims associated with the order. This shall also apply when the customer has no general legal venue in inland.
(3) Should one or more provisions of these General Terms and Conditions be invalid fully or in part, or should later become invalid, this shall not prejudice the validity of the remaining General Terms and Conditions. The invalid provision shall be replaced by a provision, which most closely achieves the purpose of the invalid provision.