Terms and Conditions - HomeDefence-24

TERMS & CONDITIONS

Standard Business Terms and customer information

I. Terms

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you make with us as a provider (HomeDefence-24) via our online shop www.homedefence-24.com conclude. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.

(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods .

(2) Already with the setting of each product on our website we will submit a binding offer to conclude a contract on the terms specified in the product 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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
If you use an instant payment system (eg PayPal / PayPal Express, Amazon Payments, Immediately) as payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are not binding for you. We will make you a binding offer in writing (eg by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

§ 3 Special agreements for offered payment methods

(1) Purchase on account via paymorrow
When paying on account (purchase on account via paymorrow), the ordered goods will be sent or delivered to you together with the invoice. The purchase price is due for payment within 21 (twenty-one) calendar days after the invoice date.

§ 4 retention, retention of title

(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 5 warranty

(1) There are statutory liability for defects.

(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect appears within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:

- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing.

(3) As a consumer, you will be asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.

(4) As far as you are an entrepreneur, deviating from the above warranty regulations applies:

a)  As a condition of the thing only our own information and the product description of the manufacturer as agreed apply, but not other advertising, public claims and expressions of the manufacturer.

b)  In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c)  The warranty period is one year from date of delivery. The reduction in time does not apply:

- culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we maliciously concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.

§ 6 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention explicitly do not apply.

§ 7 Protection of minors

(1)  When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2)  By submitting your order, you affirm that you have reached the legally required minimum age and that the information you have given regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum receive the goods.

(3)  Insofar as we are obliged to carry out an age check due to the statutory provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to receive the identity card for the goods to be shown to the person taking it for age control.

(4) Insofar as we indicate in the respective item description that you must be over the age of 18 to purchase the goods, the above paragraphs 1-3 apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.

§ 8 Sale of weapons

(1)  When selling goods that are covered by the Arms Act, we generally only enter into contractual relationships with customers of legal age. For goods that are listed in Annex 2 of the WaffG, your weapon authorization is also required.

(2)  By submitting your order, you affirm that you are at least 18 years old and that the information you provided about your name and address is correct. You are obliged to ensure that only you or persons of legal age authorized by you to receive the delivery receive the goods.

(3)  We instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons over 18 years of age and, in case of doubt, to have the identity card of the person receiving the goods shown to check the age.

II. Customer Information

1. Identity of the sales
HomeDefence-24

Friedhofstrasse 17

93133 Burglengenfeld
Germany
Phone: 01707234586
Email: info@HomeDefence-24.com


Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

We are not prepared to take part in dispute settlement proceedings before consumer arbitration boards.

2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, treaty text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, eg by e-mail, which you can print or electronically save.

4. Essential characteristics of the good or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Price and Payment Methods

5.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.

5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

6. Delivery terms

6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

Are you an entrepreneur, supply and shipment is at your risk.

7. Statutory warranty rights

The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.