AGB

General terms and conditions of business
General Terms and Conditions of Business and Delivery (GTC)


Company Boot 2000

Marco Taubert

Seagull Steert 27

26624 Südbrookmerland

Phone: 49 (0) 1608709694

Email: info@boot-2000.de



Tax office Aurich

Tax number: 54/144/07866

carries out your orders and orders based on the following General Terms and Conditions (GTC). The terms and conditions available on our service at the time of your order apply. We do not recognize regulations that deviate from these conditions unless they are agreed upon in advance and confirmed by us in writing.

§ 1 General scope

These general terms and conditions of business and delivery apply to sales contracts with private customers (consumers). They also apply to contracts for work and services to which sales law applies in accordance with Section 651 of the German Civil Code (BGB). The contracting parties are hereinafter referred to as “seller” and “buyer”, even if these are legally contracts for work and services.

§ 2 Conclusion of contract

Our offers in brochures, advertisements, catalogs, etc. are subject to change and non-binding - including with regard to price information - unless a binding assurance is expressly given.

The written order from the buyer to the seller is considered an offer.

If the goods are not in stock, the buyer is bound to his order for three weeks. The commitment period is shortened to two weeks if the goods are in stock but are to be financed.

The contract is concluded upon expiry of this period unless the seller has previously rejected the conclusion of the contract in writing.

Deviating from Section 3, the contract is concluded before the deadline expires if

the contract is signed by both parties,

the seller declares acceptance of the order in writing, or

the seller accepts advance payments on the purchase price


§ 3 Prices

Our prices are fixed prices including VAT.

Shipping costs and other additional services are not included in the price, unless a different agreement has been made.

Additional services that are not included in the price list or offer must be paid for separately. If and to the extent that no agreement has been made regarding this separate remuneration, usual and appropriate remuneration is deemed to have been agreed.

§ 4 Subject to change

Mass-produced goods are sold based on samples or illustrations.

Customary design or shape changes, deviations in color and changes to the scope of delivery on the part of the manufacturer remain reserved and do not constitute a material defect. The same applies to customary and reasonable deviations in textiles (e.g. furniture and decorative fabrics) with regard to the design compared to the fabric sample, especially in color.

§ 5 Delivery and service time

Our delivery dates or delivery times are non-binding unless a different agreement has been made.

The customer can request us in writing to deliver within a reasonable time four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. We will only be in default after the reasonable grace period set by the customer has expired.

Delays in delivery and performance for which we are not responsible due to force majeure and events that make delivery and performance significantly more difficult or impossible for us, not only temporarily - e.g. B. in particular strikes, lockouts, official orders, etc., entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract if we inform the customer immediately about the unavailability and reimburse the customer's consideration immediately. These regulations also apply to delays in delivery and service in the sense mentioned above by our suppliers or their sub-suppliers for which we are not responsible.

If the duration of the hindrances in accordance with Section 3 exceeds three months, the purchaser is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. In this case, he can only withdraw from the entire contract if he is not interested in the partial performance.


§ 6 Withdrawal

We do not need to deliver if the manufacturer has stopped production of the ordered goods or if there are cases of force majeure, provided that these circumstances only occurred after the contract was concluded, were not foreseeable at the time the contract was concluded and we are not responsible for the non-delivery and can prove that we have tried in vain to procure similar goods. In this case, we are obliged to notify the customer immediately about the circumstances mentioned and to immediately reimburse him for the consideration provided.

We are also entitled to withdraw from the contract if the purchaser has provided incorrect information about the facts that are essential to his creditworthiness and which are likely to jeopardize our claim to performance in a justified manner. The same applies if the customer stops payments due to objective insolvency or if insolvency proceedings have been filed against his assets.

§ 7 Warranty

1. 1. Claims to the quality of the goods ordered can only be made to the extent that can reasonably or customarily be made for goods in the price range of those ordered.

2. In order to rectify a defect, the purchaser is initially entitled to subsequent performance, whereby he has the right to choose between remedying the defect (repair) or replacement delivery of defect-free goods.

3. We can refuse the repair or replacement delivery if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer.

3. The purchaser can withdraw from the contract or demand a reduction in the purchase price if subsequent performance has failed or was not provided within a reasonable period of time or was finally refused by us.

4. If the customer chooses to withdraw in accordance with Section 4, he must return the defective goods and pay compensation for the benefits incurred. When determining the value, what is important is the proportional linear depreciation in value compared to the actual useful life and the expected total useful life.

5. The warranty does not cover damage for which the purchaser is responsible, such as: B. Damage caused to the customer by natural wear and tear, moisture, excessive heating of the rooms, intensive exposure to sunlight or artificial light, other temperature or weather influences or improper handling.


7. The special provisions of § 8 apply to the purchaser’s claims for damages.

§ 8 Liability/damages

1. Our liability for damages, regardless of the legal basis, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tort, is limited to the following extent to the extent that fault is involved:

2. We are not liable

in the event of simple negligence on the part of our bodies, legal representatives, employees or other vicarious agents;

in the event of gross negligence on the part of our non-executive employees or other vicarious agents, as long as it does not involve a violation of essential contractual obligations. Essential to the contract are the obligations for timely, defect-free delivery as well as advice, protection and care obligations, which are intended to enable the purchaser to use the ordered goods in accordance with the contract or to protect the life and limb of the purchaser's staff or third parties or the purchaser's property from significant damage aim. To the extent that we are fundamentally liable for damages under this regulation, this liability is limited to damages that we foresaw when concluding the contract as a possible consequence of a breach of contract or taking into account the circumstances that we were aware of or that we should have known, applying customary practices should have foreseen this with care. Indirect damage and consequential damage that are the result of defects in the delivered goods are only eligible for compensation if such damage is typically to be expected when the delivered goods are used as intended.

3. The above liability exclusions and limitations apply to the same extent in favor of our bodies, legal representatives, employees and other vicarious agents.

4. The restrictions in this section do not apply to our liability for intentional behavior, for guaranteed characteristics, for injury to life, body and health or under the Product Liability Act.

§ 9 Applicable law


§ 10 Data protection

According to Section 33 of the Federal Data Protection Act, the seller points out that the data received about the buyer in connection with the business relationship, regardless of whether it comes from the buyer himself or from third parties, will be processed and stored in a data processing system. The data is - apart from legal ones

or official notification obligations under no circumstances to unauthorized persons
passed on.

§ 11 Severability clause

If individual provisions of these general terms and conditions of business and delivery are ineffective, the contract including the remaining provisions of the general terms and conditions of business and delivery remain effective.

§ 12 - Brokerage transactions

1. If the seller acts on behalf of the customer, the regulations on the sale of consumer goods do not apply, since legal relationships between the parties to the purchase contract arise directly.
2. The seller acts exclusively in the interest of his customer, he does not assume any obligation to instruct or provide information to the buyer.

Some of the items offered are sold on customer commission without a dealer guarantee. We only act as an intermediary here, so these sales prices mentioned do not include VAT. All other sales of used objects are subject to differential taxation in accordance with Section 25 AustG. handled. We assume no liability for incorrect information provided by the respective sellers. Also an error in the price or the technical. We reserve the right to data about our own properties. Thank you for your understanding.



§ 13 The place of jurisdiction is 26624 Südbrookmerland / Bedekaspel
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