General Terms and Conditions
Last updated on 27 July 2022
1. AREA OF USE
1.1 These Buyer Terms (hereinafter referred to as the “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 the “Buyer”) with the Seller in relation to the goods and/or services of the Seller’s online store. It is hereby contrary to the inclusion of the customer’s own terms unless otherwise stated.
1.2 These Buyer Terms apply accordingly to contracts for the supply of digital content unless expressly stated otherwise.
1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts within the framework of its commercial or independent professional activity.
1.4 Digital content within the meaning of these terms and conditions is all data that is not on a physical storage medium, which is produced in digital form and made available by the seller under the grant of certain usage rights, which are more specifically regulated in these Terms and Conditions.
2. CONCLUSION OF THE CONTRACT
2.1 The descriptions of the goods contained in the seller’s online store do not constitute binding offers on the part of the seller but serve to enable the buyer to make a binding offer.
2.2 The customer, having placed the selected goods and/or services in the virtual cart, goes through the electronic order process.
During the online ordering process, the customer selects one of the proposed payment methods by pressing a button that completes the ordering process, thereby sending a payment order to his payment service provider. In this case, the seller declares the acceptance of the buyer’s offer at the moment when the buyer initiates the payment process by pressing the button that completes the order process.
2.3 Before the obligatory sending of the online order to the seller, the customer can change the contents of his shopping cart by adding and removing products.
2.4 Order processing usually takes place when an online order is submitted. Contact with the seller is made through the online contact form, e-mail, or by sending a request through the “get support” tab on the seller’s shop page. The customer must ensure that the e-mail address provided by him for the order processing is correct so that e-mails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or third parties authorized to process the order can be delivered.
3. RIGHT OF WITHDRAWAL
3.1 Consumers generally have the right to withdraw.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4. PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the Seller’s item description, prices quoted are total prices that include statutory sales tax. Any additional shipping and handling costs are specified separately in the description of the respective product.
4.2 For deliveries to countries outside the European Union, in some cases, additional costs may arise, for which the seller is not responsible and which are borne by the buyer. These include, for example, bank transfer costs (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of money if the delivery is not made to a country outside the European Union, but the client makes a payment from a country outside the European Union.
4.3 Various payment options are available to the Buyer, which are specified in the Seller’s online store.
4.4 If an advance payment has been agreed upon (e.g. by credit card), payment must be made immediately after the conclusion of the contract.
5. DELIVERY AND DELIVERY TERMS
5.1 The goods are delivered to the delivery address indicated by the customer unless otherwise agreed.
5.2 If the transport company sends the shipped goods back to the seller due to the impossibility of delivery to the buyer, the costs of unsuccessful shipment shall be borne by the buyer. This does not apply if the customer effectively exercises his right to cancel the order, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he is temporarily prevented from accepting the service offered unless the seller announced the service within a reasonable time in advance.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss or damage to the goods sold passes to the buyer as soon as the seller hands over the goods to the freight forwarder, carrier, or person or institution otherwise responsible for carrying out the shipment. If the buyer acts as a consumer, the risk of accidental loss and accidental damage to the sold goods passes only at the time of transfer of the goods to the buyer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise responsible for carrying out the shipment if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper delivery to himself. This only applies if the non-delivery is not the seller’s responsibility and he entered into the specific hedging transaction with the supplier with due diligence. The Seller will make every reasonable effort to purchase the goods. In the event of the absence or only partial availability of the goods, the customer will be immediately informed and the reward will be immediately returned.
5.5 Self-pickup by the customer is not possible for logistical reasons.
5.6 Digital content is provided to the customer exclusively in electronic form via download.
6. GRANT OF RIGHTS TO USE DIGITAL CONTENT
6.1 Unless otherwise stated in the description of the content in the seller’s online store, the seller grants the buyer a non-exclusive, local, and unlimited right to use the content provided solely for personal purposes.
6.2 Transferring content to third parties or making copies for third parties outside the scope of these Terms is not permitted unless the seller has agreed to transfer the contractual license to the third party.
6.3 The grant of rights only takes effect when the customer has paid the due remuneration in full. The Seller may temporarily allow the use of the contractual content even before this moment. There is no transfer of rights by means of such prior authorization.
7. TITLE RETENTION
7.1 With regard to consumers, the seller retains title to the delivered goods until the purchase price due has been paid in full.
7.2 In the case of entrepreneurs, the seller retains title to the goods delivered until all claims arising from the ongoing business relationship have been fully settled.
7.3 If the customer acts as an entrepreneur, he has the right to resell the reserved goods in the normal course of business. The customer assigns to the seller in advance all arising claims against third parties in the amount of the relevant invoice value (including sales tax). This concession applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect claims even after the assignment. The seller’s authority to independently collect claims remains unaffected. However, the seller will not collect the claim until the buyer has met its payment obligations to the seller, is not in default of payment, and has filed for insolvency proceedings.
8. LIABILITY FOR DEFECTS (WARRANTY)
If the purchased item is defective, the statutory liability for defects applies. Despite this, the following applies:
8.1 For entrepreneurs
- a minor defect does not give rise to claims for defects;
- the seller has the right to choose the type of additional execution;
- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, rights and claims arising from defects are principally excluded;
- the limitation period does not start again if the replacement is carried out under liability for defects.
8.2 The limitations of liability and reduction of the limitation period set out above do not apply.
- for items that were not used for the building in accordance with their normal use and led to its defects,
- for damages resulting from injury to life, bodily injury, or health, which is based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by the seller’s legal representative or authorized representative,
- for other damages based on a willful or grossly negligent breach of duty by the seller, or on a willful or grossly negligent breach of duty by the legal representative or an authorized representative of the user, as well as
- if the seller fraudulently concealed the defect.
8.3 In the event that the customer acts as a consumer, he is asked to file a complaint with the supplier about the delivered goods with obvious transport damage and inform the seller about this. If the customer fails to comply, this does not affect his legal or contractual claims for defects in any way.
9. SELLER’S LIABILITY
The seller is liable to the buyer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The seller is fully responsible for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent infliction of harm to life, limb, or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability, for example under the Product Liability Act.
9.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are those obligations that the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which primarily ensures the proper performance of the contract and on which
Compliance that the customer can constantly rely on.
9.3 In addition, the seller’s liability is excluded.
9.4 The above provisions on liability also apply to the liability of the seller for his vicarious agents and legal representatives.
10. PROMOTIONAL COUPONS
10.1 Coupons issued free of charge by the seller as part of promotions with a certain validity period and not subject to purchase by the buyer (hereinafter “coupons”) can only be redeemed in the seller’s online store and only within the specified period.
10.2 Individual products may be excluded from the coupon campaign if a corresponding restriction results from the content of the campaign coupon.
10.3 Coupons can only be used until the order process is completed. Subsequent compensation is not possible.
10.4 Only one promotional coupon can be used per order.
10.5 The cost of the product must not be less than the amount of the coupon. Any remaining credit will not be refunded by the seller.
10.6 If the value of the coupon is insufficient to pay for the order, you can choose one of the other payment methods offered by the seller to cover the difference.
10.7 The balance of the coupon is not paid in cash and no interest is paid.
10.8 The campaign coupon will not be refunded if the customer returns the goods paid for with the campaign coupon in whole or in part, within the scope of their legal right of withdrawal.
10.9 The coupon can be transferred to others. The merchant can make offload payments to the respective owner who redeems the promotional coupon from the merchant’s online store. This does not apply if the seller knew or, through gross negligence, was unaware of the unauthorized, incapacitated, or unentitled to represent the respective owner.