General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of orders by our customers (each, a „Customer“) through our online shop www.argument.gmbh (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose mostly not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) The customer can select products from the assortment of the supplier and collect these over the button in a shopping cart. With the button "order by paying" he gives a binding offer for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms of contract by clicking on the button "accept terms and conditions" and thereby included in his offer.
(3) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the (third) business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e- mail a confirmation of receipt, in which the customer's order is listed again and the customer can print out the function "Print". This constitute not an acceptance of the order. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent by separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation ). The text of the contract is saved while maintaining data protection.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the right of withdrawal (clause 8), which is also communicated in the context of the order on our website, and to return the goods.
Prices and Shipping Costs
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) The shipping costs are given to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal.
(3) The dispatch of the goods takes place by post. The shipping risk is borne by the provider if the customer is a consumer. If the customer is an entrepreneur, the shipping risk passes to the shipping company when the goods are handed over.
(4) The customer has to bear the direct costs of the return in case of withdrawal.
The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
Date of Dispatch of the Product, Sell off, Partial Delivery
(1) Any period for the dispatch of the product, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin upon receipt by us of the full purchase price (including VAT and shipping costs) if payment in advance has been agreed. The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(2) Any time period for the dispatch of the product specified by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon. Unless a time period or date of dispatch has been specified or agreed upon, we shall be required to dispatch the product within a period of (five) business days.
(3) If at the time of the customer's order the product selected by him is not available, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately in the order confirmation.
(5) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, xxx, xxx.
(6) If the Customer has purchased, through the same order, several products that can be used separately, we may dispatch those products in separate deliveries, provided that we shall bear any additional shipping costs. The Customer’s statutory rights in relation to the timely and proper delivery shall not be affected thereby.
(1) The customer can make the payment by credit card or Paypal.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case he has the provider for the year default interest i. H. v. 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.
Retention of Title
We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect.
(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product. Compared with Business Customers, the warranty period for goods delivered by the supplier is 12 months.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of (five) business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(5) An additional guarantee exists with the goods supplied by the supplier only if this expressly in the order confirmation to the respective article was delivered.
Right of withdrawal
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (ARGUMENT Design GmbH, Herzbergstraße 40-43 Haus 8, 10365 Berlin, Germany, tel.: +49 30 695 08 200, [email protected]) of your decision to withdraw from this contract by an unequivocalstatement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal fromthis contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(3) About the model withdrawal form the providers informs after the legal regulation as follows:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
ARGUMENT Design GmbH
Herzbergstraße 40-43 Haus 8
10365 Berlin, Germany
Tel.: +49 30 695 08 200,
mail: [email protected]
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
- Ordered on ()/received on ()
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider Representatives or vicarious agents are based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contract-typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the provider fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies, as far as the provider and the customer an agreement over the condition of the thing made. The provisions of the Product Liability Act remain unaffected. Reference is made to the instructions for use enclosed with the products.
Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the Customer is a Consumer and has his or her habitual residence in another country, the Customer shall, however, continue to have the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law applicable in the state of the Customer’s habitual residence.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.