General Terms and Conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of cancellation
- Prices and terms of payment
- Terms of delivery and dispatch
- Liability for defects
- Applicable law, place of jurisdiction
1) Scope of application
1.1 These Terms and Conditions of Normrahmen AG (hereinafter "Seller") shall apply to all contracts which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is neither attributable to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated in the Seller's online shop. In doing so, after entering his personal data, the Customer submits a legally binding contractual offer with respect to the goods and/or services contained in the shopping cart by clicking the button concluding the order process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after he has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer.
2.5 When an offer is made via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present GTC after the order has been sent. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before sending his order and has given the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of cancellation
Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in the Seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices stated by the Seller include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The Customer has various payment options at his disposal, which are specified in the Seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
5) Terms of delivery and dispatch
5.1 Delivery of goods is regularly made by dispatch and to the delivery address given by the Customer. For the processing of the transaction, the delivery address stated in the order processing of the Seller is decisive. Notwithstanding the above, if payment by PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer when the goods are handed over for dispatch or to the authorised carrier.
5.4 In the case of collection by the Customer, the Seller will first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer can collect the goods by arrangement with the Seller. In this case, no shipping costs will be charged.
6) Liability for defects
The statutory liability for defects shall apply.
7) Applicable law, place of jurisdiction
7.1 If the Customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the user's place of residence.
7.2 If the Customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the business or registered office of the Seller.
