General Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between us (Common Consulting UG, Biberweg 6, 24539 Neumünster [Imprint]) and our customers via our online shop. In addition to the provisions of these GTC, the statutory provisions shall apply.
(2) Any of the customer’s terms and conditions that differ from, contradict or supplement these terms and conditions shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
§ 2 Conclusion of contract / Contract language / Storage of contract text
(1) The presentation or advertising of goods in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) In the online shop, the customer’s order is sent to us after clicking the “Buy” button.
The order represents a legally binding offer to which the customer is bound for 7 calendar days. Any right of withdrawal that may exist in accordance with § 3 remains unaffected.
(3) After we have received the order, we will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is declared at the same time.
(4) A contract between us and the customer is concluded by declaration of acceptance by email or by delivery of the ordered goods.
(5) The customer may only use the German language to conclude the contract.
(6) Before placing a binding order in the online shop, there is an option to save the contract text. We do not save the contract text of the contract concluded with the customer. In addition, the customer receives the contractual provisions with information about the ordered goods, including these terms and conditions and the cancellation policy, by email.
§ 3 Right of withdrawal / exclusion of the right of withdrawal
If the customer concludes the purchase contract for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity (“consumer”), he has the following right of withdrawal:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Common Consulting UG, Biberweg 6, 24539 Neumünster, +49 (0) 163 2757845 (no telephone support), support@dealbutler.eu by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
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.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notice of your revocation of this Agreement. 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 refuse to make a reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods to us or to [insert the name and address of the person authorized by you to receive the goods] without undue delay and in any event not later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.
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.
Exclusion and premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 4 Delivery costs / delivery time / availability
(1) If the goods are not available at the time of the order, we will inform the customer of this immediately. If the product is permanently unavailable, we will not accept the customer’s offer of a contract, so that no contract will be concluded. If the goods are only temporarily unavailable, we will also inform the customer of this immediately.
(2) The delivery time is three to seven working days, unless a different delivery time is specified in our online shop or otherwise agreed. The delivery time begins with the conclusion of the contract.
§ 5 Prices and payment terms
(1) The purchase prices in our online shop are gross prices including the statutory sales tax. The total price including sales tax is displayed to the customer on the order overview page before the order is placed.
(2) The purchase price is due upon conclusion of the purchase contract.
(3) The following payment methods are available to the customer: PayPal, Sofort, credit card, SEPA transfer.
§ 6 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 7 Warranty
The warranty for material defects or defects of title of the delivered goods is based – subject to the regulation in § 8 – on the applicable statutory provisions, in particular §§ 434 ff. BGB.
§ 8 Warranty conditions
In certain cases, the warranty period may be reduced by up to two months. Please refer to the respective product information for the exact warranty conditions and periods or contact our customer service directly.
§ 9 Liability
(1) We shall be liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, limb or health, as well as in the event of intent or gross negligence, fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
(2) We shall also be liable for slightly negligent breaches of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential to the proper execution of the contract and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable, contract-typical damage.
(3) Otherwise, liability for damages and reimbursement of expenses – for whatever legal reason – is excluded.
(4) The above provisions also apply in favor of our legal representatives and agents if claims are asserted directly against them.
§ 10 Applicable law
The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention. If the customer has placed the order as a consumer and is habitually resident in another country at the time of the order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law.
§ 11 Dispute resolution
(1) The European Commission provides a platform for online dispute resolution. This can be found at https://ec.europa.eu/consumers/odr/.
(2) We are not willing or obliged to participate in a dispute resolution procedure.