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 (Sabine Schwarz GbR) via the website www.skaterbase.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected. (2) For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of their independent professional or commercial activity. § 2 Conclusion of the Contract (1) The subject matter of the contract is the sale of goods and/or the provision of assembly services. We sell the goods partly or exclusively as a commission agent in our own name but on behalf of a third party, i.e., for a third party as the owner of the goods. Notwithstanding this, we are the contractual partner with all rights and obligations. (2) By placing the respective product on our website, we are submitting a binding offer to you for the conclusion of a contract via the online shopping cart system under the conditions specified in the item description. (3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to review the information in the order summary, change it (also using the "back" function of your internet browser), or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order subject to payment," "pay" / "pay now," or similar wording), you legally accept the offer, thereby concluding the contract. (4) Your inquiries regarding the creation of an offer are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer). (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters. Section 3 Individually Designed Goods (1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed. (2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection. (3) We do not check the transmitted data for accuracy and therefore assume no liability for errors. Section 4 Performance of Services for Assembly (1) If assembly services are the subject of the contract, we are obligated to perform the assembly work resulting from the service description. We will perform this work to the best of our knowledge and belief, either personally or through third parties. (2) The services will be performed on the agreed dates. (3) You are obligated to cooperate. In particular, you must ensure that the premises are accessible and reasonably safe at the time the installation services are to be performed. Furthermore, you are obligated to provide us with electricity and, if necessary, water. We are entitled to terminate the part of the contract relating to the provision of installation services pursuant to Section 643 of the German Civil Code (BGB) if you fail to fulfill your obligations to cooperate. We will set you a reasonable deadline within which you can provide the necessary cooperation. (4) If you exercise your right of termination pursuant to Section 648 Sentence 1 of the German Civil Code (BGB), we may demand a lump-sum compensation of 10% of the agreed remuneration if the work has not yet commenced. However, if a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the withdrawal period has expired. You retain the right to prove that we have incurred no costs or significantly lower costs. Section 5 Special Agreements Regarding Offered Payment Methods (1) Payment via "PayPal" / "PayPal Checkout" When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full. Section 6 Right of Retention, Reservation of Title (1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price. Section 7 Warranty (1) The statutory warranty rights apply. (2) If you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for claims based on defects in used goods is one year from delivery of the goods. The foregoing limitation does not apply: - to damages attributable to us caused by culpable injury to life, body or health and in the case of other damages caused intentionally or by gross negligence; - insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods. (3) As a consumer, you are requested to inspect the goods immediately 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 comply with this will not affect your statutory warranty rights. (4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties. Section 8 Choice of Law (1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply. II. Customer Information 1. Identity of the Seller Sabine Schwarz GbR Marderwinkel 5 23683 Scharbeutz Germany Telephone: +4915752050099 Email: info@skaterbase.de We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards. 2. Information on the Formation of the Contract The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I). 3. Contract Language, Storage of the Contract Text 3.1. The contract language is German. 3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email. 3.3. For inquiries outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g., by email, which you can print or save electronically. 4. Codes of Conduct 4.1. We have committed to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf. 5. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 6. Prices and payment terms 6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes. 6.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered. 6.3. Any costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where delivery is made to an EU member state, but payment is initiated from outside the European Union. 6.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer. 6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately. 7. Delivery Terms 7.1. The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. 7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental damage to the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment. 8. Statutory Warranty Rights The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I). 9. Termination 9.1. Information on terminating the contract and the termination conditions can be found in the "Installation Services" section of our General Terms and Conditions (Part I) and in the respective offer. These General Terms and Conditions and customer information were prepared by the IT law specialists of the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service. Last updated: October 22, 2024