General Terms and Conditions
Last updated on 27 July 2022
1. SCOPE OF APPLICATION
1.1 These Buyer Terms (hereinafter referred to as “Buyer Terms”) of DIY Markt (hereinafter referred to as “the Company”) apply to all contracts entered into by a consumer or entrepreneur (hereinafter referred to as “Buyer”) with the Seller in relation to goods and/or services from the Seller’s online store. The inclusion of the customer’s own terms is excluded, unless otherwise agreed.
1.2 These Buyer Terms also apply to contracts for the provision of digital content, unless explicitly stated otherwise.
1.3 A “consumer” for the purposes of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly not related to commercial or self-employed activities. An “entrepreneur” under these terms is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, does so within the scope of their commercial or independent professional activities.
1.4 “Digital content” within the meaning of these Terms refers to all data not stored on a physical medium, which is created in digital form and made available by the Seller, along with the associated usage rights, as further outlined in these Terms.
2. CONCLUSION OF THE CONTRACT
2.1 The descriptions of goods on the Seller’s online store do not constitute binding offers but serve to enable the Buyer to make a binding offer.
2.2 After adding selected goods and/or services to the virtual shopping cart, the customer proceeds through the electronic order process. During this process, the customer selects a payment method by pressing a button to complete the order, which sends a payment order to their payment service provider. The Seller accepts the Buyer’s offer when the Buyer initiates the payment process by pressing the button that finalizes the order.
2.3 Before submitting the order, the customer can modify the contents of their shopping cart by adding or removing products.
2.4 Order processing typically occurs when the online order is submitted. The customer may contact the Seller via the online contact form, email, or by using the “get support” tab on the Seller’s website. The customer is responsible for providing a correct email address to ensure proper communication. This includes ensuring that emails from the Seller or any third parties authorized to process the order are not blocked by spam filters.
3. RIGHT OF WITHDRAWAL
3.1 Consumers generally have the right to withdraw from the contract.
3.2 Additional details regarding the right of withdrawal can be found in the seller’s cancellation policy.
4. PRICES AND PAYMENT TERMS
4.1 Unless stated otherwise in the item description, the prices quoted are total prices that include statutory sales tax. Any additional shipping and handling fees are specified separately in the product description.
4.2 For deliveries outside the European Union, additional costs may apply, which are not covered by the Seller and are the responsibility of the Buyer. These may include, for example, bank transfer fees (e.g., transfer or exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also apply to money transfers for deliveries made from non-EU countries.
4.3 Various payment methods are available to the Buyer, as outlined in the Seller’s online store.
4.4 If advance payment is agreed (e.g., by credit card), payment must be made immediately after the contract is concluded.
4.5 When paying through Stripe, the payment is processed by Stripe Payments Europe, Ltd., in accordance with the Stripe Terms of Use. When using PayPal, the payment is processed through PayPal (Europe) in accordance with the PayPal Terms of Use.
5. DELIVERY AND DELIVERY TERMS
5.1 Goods will be delivered to the address provided by the customer unless otherwise agreed.
5.2 If the transport company returns the goods due to delivery failure, the costs for the failed delivery will be borne by the Buyer. This does not apply if the Buyer effectively exercises the right of cancellation, or if the Buyer was not responsible for the failure to deliver, or was temporarily unable to accept delivery, provided that the Seller did not notify the Buyer about the delivery in time.
5.3 If the Buyer is an entrepreneur, the risk of accidental loss or damage to the goods passes to the Buyer when the Seller hands over the goods to the carrier, freight forwarder, or other delivery service provider. For consumers, the risk passes when the goods are transferred to the Buyer or an authorized recipient. However, the risk also passes to consumers if they have commissioned the carrier, freight forwarder, or delivery provider without the Seller’s prior recommendation.
5.4 The Seller reserves the right to cancel the contract in case of incorrect or improper delivery to the Seller. This applies only if the non-delivery is not the Seller’s fault and the Seller acted with due diligence when entering into the procurement contract. The Seller will make reasonable efforts to obtain the goods. If goods are unavailable or partially available, the Buyer will be promptly informed and any payments will be refunded.
5.5 The Buyer cannot pick up goods in person due to logistical reasons.
5.6 Digital content will be provided to the Buyer in electronic form via download.
6. GRANT OF RIGHTS TO USE DIGITAL CONTENT
6.1 Unless stated otherwise in the product description, the Seller grants the Buyer a non-exclusive, local, and unlimited right to use the provided digital content solely for personal purposes.
6.2 The Buyer is not permitted to transfer the content to third parties or make copies for third parties, unless the Seller has agreed to such a transfer.
6.3 The rights granted only take effect once the Buyer has paid the full agreed price. The Seller may allow temporary use of the content before payment, but this does not constitute a transfer of rights.
7. TITLE RETENTION
7.1 For consumers, the Seller retains title to the delivered goods until the full purchase price is paid.
7.2 For entrepreneurs, the Seller retains title to the delivered goods until all claims from the ongoing business relationship are fully settled.
7.3 Entrepreneurs are allowed to resell goods under reservation of title in the normal course of business. The Buyer assigns claims arising from such sales to the Seller, in the amount of the invoice value, including VAT. This assignment applies regardless of whether the goods were resold in their original form or after processing. The Buyer retains the right to collect the assigned claims unless the Seller exercises its right to collect.
8. LIABILITY FOR DEFECTS (WARRANTY)
If the purchased item is defective, the statutory warranty applies, with the following exceptions:
8.1 For entrepreneurs:
- Minor defects do not entitle the Buyer to make claims for defects.
- The Seller has the right to choose the method of rectifying the defect.
- The limitation period for defects in new goods is one year from the transfer of risk.
- In the case of used goods, claims arising from defects are generally excluded.
- The limitation period is not reset by the replacement of defective items under warranty.
8.2 The limitations mentioned above do not apply in cases of:
- Use of the item in a manner not suitable for its intended purpose leading to defects.
- Injury to life, limb, or health resulting from intentional or negligent breach of duty by the Seller.
- Fraudulent concealment of a defect.
8.3 Consumers must report obvious transport damage to the supplier and notify the Seller. Failure to do so does not affect the Buyer’s legal or contractual claims.fect his legal or contractual claims for defects in any way.
9. SELLER’S LIABILITY
9.1 The Seller is fully liable for any legal reasons in case of:
- Intent or gross negligence.
- Intentional or negligent harm to life, limb, or health.
- Warranty promises, unless otherwise agreed.
- Mandatory liability under the Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable and typical damages, unless liability is unlimited in the cases mentioned above. Essential obligations are those that ensure the proper execution of the contract.
9.3 In all other cases, the Seller’s liability is excluded.
9.4 These provisions also apply to the Seller’s vicarious agents and legal representatives.
10. PROMOTIONAL COUPONS
10.1 Promotional coupons issued by the Seller free of charge (hereinafter “coupons”) can only be redeemed in the Seller’s online store and within the specified period.
10.2 Certain products may be excluded from the promotion if indicated in the coupon terms.
10.3 Coupons can only be used until the order process is completed; compensation after the fact is not possible.
10.4 Only one promotional coupon can be used per order.
10.5 The value of the product must not be less than the coupon’s value. No refunds will be given for any remaining balance.
10.6 If the coupon does not cover the full cost of the order, the Buyer can choose an alternative payment method for the difference.
10.7 Remaining balances on coupons are not redeemable for cash and do not accrue interest.
10.8 The coupon will not be refunded if the Buyer returns goods purchased using the coupon within the scope of their legal right of withdrawal.
10.9 The coupon may be transferred to others. The Seller can make payments to the person redeeming the coupon. However, this does not apply if the Seller knew or should have known, through gross negligence, that the person redeeming the coupon was unauthorized.
