General Terms and Conditions of Business
1. Scope of Application
These General Terms and Conditions shall apply to all orders by consumers and entrepreneurs through our online shop.
The term “consumer” shall mean any natural person who enters into a legal transaction for purposes predominately outside his or her trade or independent professional activity. The term “entrepreneur" shall mean any natural or legal person or partnership with legal capacity acting in his, her or its trade or independent professional capacity upon the conclusion of a legal transaction.
With respect to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without requiring repeated reference. In the event an entrepreneur uses contrary or supplementary general terms and conditions of business, we hereby object to the application thereof. Such general terms and conditions of business shall only form a component of the agreement provided we have expressly agreed thereto.
2. Contractual Partners, Conclusion of Agreement
The purchase agreement shall be effected with eddy barkin gmbH.
By placing the products in the online shop, we are providing a binding offer to conclude an agreement regarding such items. You may first place our products in the shopping card without obligation and correct your information at any time prior to submitting your binding offer by using the correction aids provided and mentioned in the order process. The agreement shall take effect when you accept the goods in your shopping cart by clicking on the order button. You will receive a confirmation via e-mail directly after submitting your order.
A binding offer may also take effect in advance as follows:
- If you have selected payment via credit card, the agreement shall take effect when the credit card is charged.
- If you have selected payment via PayPal, the agreement shall take effect upon your confirmation of the payment instructions to PayPal.
- If you have selected payment via IMMEDIATE bank transfer, the agreement shall take effect upon the confirmation of the payment instructions to SOFORT GmbH.
- If you have selected payment via giropay, the agreement shall take effect upon the confirmation of the payment instructions to giropay.
The agreement may be concluded in German or English.
We shall save the agreement text and send you the order information and our General Terms and Conditions by e-mail. You may also view and download the GTC on this site at any time. You may view your previous orders in our customer login area at any time.
3. Terms and Conditions of Delivery
Delivery fees apply in addition to the specified product prices. You will find more information about the delivery fees with the offers.
We only deliver via shipping. It is unfortunately not possible for you to pick up the goods yourself.
We do not deliver to Packstation parcel pickup stations.
Our shop offers the following payment methods:
Your credit card is charged upon the conclusion of your order.
You pay the invoice amount via the online provider Paypal. You generally must be registered there or register yourself, identify yourself with your login information and confirm payment instructions to us. You will receive more information during the order process.
IMMEDIATE Bank Transfer (Sofortüberweisung)
We also offer IMMEDIATE bank transfers. With this option, we receive the bank transfer credit immediately. This expedites the overall order process. You only need your account number, bank code, PIN and TAN. The IMMEDIATE bank transfer option automatically enters a bank transfer in your online bank account in real time via the secure payment form of SOFORT GmbH, which cannot be accessed by sellers. The purchase amount is transferred immediately and directly to the bank account of the dealer. When you select the payment method IMMEDIATE bank transfer, a pre-completed form opens at the end of the order process. The form already contains our bank information. The transfer amount and purpose of the transfer are also displayed on the form. You just have to select the country of your online banking account and enter your bank code. Then you enter the same information you use for online banking (account number and PIN). Confirm your order with a TAN. Your transaction will be confirmed directly after that. In principle each Internet user with an activated online banking account with a PIN/TAN process can use the IMMEDIATE bank transfer payment method. Please note that the IMMEDIATE bank transfer option is not available at a few banks. Please click here for more information about whether your bank supports this service.
You pay the invoice amount via online banking at your bank to which you are directed in the order process. You log in as usual, e.g., account number and PIN and authorize your payment e.g., with a TAN. Your bank must participate in the giropay procedure.
5. Right of Cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation instructions. Entrepreneurs are not granted a voluntary right of cancellation.
6. Retention of Title
We shall retain the title to the goods until they have been paid in full.
The following shall apply to entrepreneurs in addition: We shall retain the title to the goods until all claims from ongoing business relations have been paid in full. You may resell the retained goods within the ordinary course of business. You shall assign all claims arising from the resale – regardless of a connection or mixing of the retained good with a new good – in the amount of the invoice to us in advance and we hereby accept such assignment. You shall continue to be entitled to collect the claims but we may also collect such claims ourselves in the event you do not fulfill your payment obligations.
7. Transport Damage
The following shall apply for consumers: If goods are delivered with obvious transport damage, please notify the deliverer as soon as possible and contact us without delay. Failing to notify the deliverer of damage or contact us shall have no consequence for your statutory claims and the assertion thereof, in particular, for your warranty rights. However, you help us be able to assert our own claims against the freight carrier and/or transport insurance.
The following shall apply for entrepreneurs: The risk of accidental destruction and accidental deterioration shall transfer to you as soon as we have delivered the item to the forwarder, the freight carrier or person or establishment otherwise appointed to carry out the shipment. The duty to inspect and give notice stipulated in § 377 of the German Commercial Code shall apply among entrepreneurs. In the event you fail to give notice as stipulated therein, the good shall be considered to have been accepted unless the defect was not recognizable upon inspection. This shall not apply in the event we maliciously concealed a defect.
8. Warranty and Representations
Unless exclusively agreed upon otherwise below, the statutory rights based on liability for defects shall apply.
For consumers, the period of limitation for claims due to defects for used goods shall be one year as of the delivery of the good.
For entrepreneurs, the period of limitation for claims due to defects shall be one year as of the transfer of risk; the statutory periods of limitation for recourse claims in accordance with §478 of the German Civil Code shall not be affected thereby.
With respect to entrepreneurs, only our specifications and the product descriptions of the manufacturer which were included in the agreement shall be considered an agreement regarding the quality of the good. We shall not assume liability for public statements of the manufacturer or other advertising statements.
In the event a delivered good contains a defect, we will by our choice either remedy the defect (repair) or deliver an item free of defects (replacement).
The above limitations and shortening of periods shall not apply to claims on the basis of damage caused by us, our legal representatives or vicarious agents
- in the event of the damage to life, limb or health
- in the event of the intentional or grossly negligent breach of duties and malice
- in the event of the breach of material contractual duties, the fulfillment of which enables the proper performance of the agreement in the first place and on the fulfillment of which the contractual party regularly relies (cardinal duties)
- within the course of a guarantee, insofar as agreed upon
- insofar as the scope of application of the Product Liability Act has been established.
Information regarding any applicable additional guarantees and the exact terms and conditions thereof can be found with each product and on special informational pages in our shop.
For claims due to damage caused by us, our legal representatives or vicarious agents, we shall always be unlimitedly liable
- in the event of damage to life, limb or health
- in the event of the intentional or grossly negligent breach of duty
- in the event of guarantees, insofar as agreed upon
- insofar as the scope of application of the Product Liability Act has been established.
In the event of the breach of material contractual duties, the fulfillment of which enables the proper performance of the agreement in the first place and on the fulfillment of which the contractual party regularly relies (cardinal duties) due to the slight negligence of us, our legal representatives or vicarious agents, the extent of the liability shall be limited to foreseeable damage typically expected upon the conclusion of the Agreement.
Otherwise claims to damage compensation shall be excluded hereby.
10. Code of Conduct
We have committed to the following code of conduct: Trusted Shops Certification
11. Final Provisions
In the event you are an entrepreneur, German law shall apply to the exclusion of the UN Sales Convention.
In the event you are a businessperson (Kaufmann) in the terms of the German Commercial Code, a legal person under public law or special fund under public law, the exclusive place of jurisdiction for all disputes from contractual relations between us and you shall be our place of business.