General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases from GbR Sebastian Dinger, Manuel Dinger (http://manuelmane.com/impressum/) made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The prices quoted are final prices including value added tax. The amount shown at the time of the binding order shall apply. Shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you, are added. You can find out about the details under shipping policy. We will bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of cancellation return policy. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made on delivery by means of
Default of payment
If you are in default of payment, GbR Sebastian Dinger, Manuel Dinger shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If GbR Sebastian Dinger, Manuel Dinger can prove a higher damage caused by default, GbR Sebastian Dinger, Manuel Dinger is entitled to claim this.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery shall be made to the delivery address specified by the customer, within
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of GbR Sebastian Dinger, Manuel Dinger is excluded. Amounts already paid shall be refunded by GbR Sebastian Dinger, Manuel Dinger without delay.
(3) GbR Sebastian Dinger, Manuel Dinger can also refuse performance insofar as this requires an effort that is grossly disproportionate to the customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid shall be refunded by GbR Sebastian Dinger, Manuel Dinger without delay.
(4) Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. GbR Sebastian Dinger, Manuel Dinger expressly points out that these goods are not carried into the house.
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be liable to pay us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods remain the property of GbR Sebastian Dinger, Manuel Dinger until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) GbR Sebastian Dinger, Manuel Dinger shall, at the customer’s option and at GbR Sebastian Dinger, Manuel Dinger’s expense, replace a defective product (warranty case) with a defect-free one or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, moisture, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) GbR Sebastian Dinger, Manuel Dinger shall furthermore not provide any warranty for a defect that has arisen due to improper repair by a service partner not authorised by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer’s claim shall be limited to the respective other type of subsequent performance. The right of GbR Sebastian Dinger, Manuel Dinger to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product at the expense of GbR Sebastian Dinger, Manuel Dinger to the return address specified by it, stating the order number. Prior to sending in the product, the customer shall remove any objects inserted by him from the product. GbR Sebastian Dinger, Manuel Dinger is not obliged to inspect the product for the insertion of such items. GbR Sebastian Dinger, Manuel Dinger shall not be liable for the loss of such items unless it was readily apparent to GbR Sebastian Dinger, Manuel Dinger at the time of taking back the product that such an item had been inserted into the product (in this case GbR Sebastian Dinger, Manuel Dinger shall inform the customer and keep the item ready for the customer to collect; the customer shall bear the costs incurred in doing so). Furthermore, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if GbR Sebastian Dinger, Manuel Dinger is responsible for the deterioration or loss or if the damage would also have occurred at GbR Sebastian Dinger, Manuel Dinger,
c) if the deterioration or loss occurred at the customer’s, although the customer has taken the care that he is accustomed to taking in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The statutory warranty of GbR Sebastian Dinger, Manuel Dinger ends two years after delivery of the goods. The period begins with the receipt of the goods.