1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Mohammad Abboud, trading as “DASSiGNAL” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods that an entrepreneur (hereinafter referred to as the “Customer”) concludes with the Seller regarding the goods 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 These GTC also apply exclusively if the Seller carries out the delivery to the Customer without reservation, knowing of conflicting or deviating terms and conditions of the Customer.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the execution of its commercial or self-employed professional activity when concluding a legal transaction.
2.1 The product descriptions displayed 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 can submit the offer via the online order form integrated into the Seller’s online shop. To do this, the Customer, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with respect to the goods and/or services in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days by:
If several of the above alternatives exist, the contract is concluded when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day that follows the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent his order. Beyond that, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login details.
2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 Only the German and English languages are available for the conclusion of the contract.
2.7 Order processing and communication take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that when using SPAM filters, all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
2.8 If the parties have agreed on special conditions, these generally do not apply to concurrent and future contractual relationships with the Customer.
2.9 In the event of the Customer’s economic inability to fulfill his obligations towards the Seller, the Seller may terminate existing exchange agreements with the Customer without notice. This also applies in the case of an insolvency application by the Customer. § 321 BGB (German Civil Code) and § 112 InsO (German Insolvency Code) remain unaffected. The Customer shall inform the Seller in writing at an early stage of any impending insolvency.
The Seller grants the Customer a statutory right of withdrawal under the following conditions:
3.1 The Customer has the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the Customer or a third party designated by him, who is not the carrier, took possession of the last goods.
3.2 To exercise his right of withdrawal, the Customer must inform the Seller of his decision to withdraw from the contract by means of a clear statement in text form (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for the Customer to send the notification of exercising the right of withdrawal before the withdrawal period expires.
3.3 If the Customer withdraws from the contract in accordance with the requirements and within the stipulated period, the Seller shall refund the purchase price paid by the Customer, but not the costs of delivery and any costs incurred by the Customer for the chosen payment method. The refund of the purchase price shall be made within fourteen days from the day on which the notice of withdrawal from the contract is received by the Seller.
3.4 The Seller may withhold the refund until he has received the goods back in full.
3.5 The Customer shall return or hand over the goods to the Seller without undue delay and in any event not later than fourteen days from the day on which he informed the Seller of the withdrawal from the contract. The deadline is met if the Customer sends the goods before the period of fourteen days expires.
3.6 The Customer shall bear the cost and risk of returning the goods.
3.7 The Customer shall be liable for any diminished value of the goods in accordance with the statutory provisions.
3.8 If the Customer withdraws from the contract in accordance with the requirements and within the stipulated period, the Seller may charge the Customer a processing fee of 5% of the net order value for the administrative expenses incurred. However, the Customer is allowed to prove that the Seller incurred no or significantly lower expenses.
4.1 Unless otherwise specified in the seller’s product description, the prices quoted are net prices and are subject to the applicable legal value-added tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and taxes may be charged separately, if applicable.
4.2 Various payment options are available to the customer, as indicated in the seller’s online shop.
4.3 Payment is considered received as soon as the equivalent value is credited to one of the seller’s accounts. In the event of payment delay, the seller is entitled to default interest at a rate of 10 percentage points above the respective base interest rate. The seller’s other statutory rights in case of payment delay by the customer remain unaffected. If there are overdue claims, incoming payments will first be applied to any costs and interest, and then to the oldest claim.
4.4 If unforeseeable cost increases occur (e.g., currency fluctuations, unexpected price increases from suppliers, etc.), the seller is entitled to pass on the price increase to the customer. However, this applies only if the delivery is scheduled to take place more than four months after the contract is concluded.
5.1 The delivery of goods takes place by means of shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address indicated in the seller’s order processing is decisive for the transaction’s processing.
5.2 The seller is entitled to make partial deliveries, as long as this is reasonable for the customer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.
5.3 The seller reserves the right to withdraw from the contract in the event of improper or non-timely self-supply. This only applies if the non-delivery is not the seller’s fault and if the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be promptly refunded.
5.4 The risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. This also applies if the seller bears the cost of transportation. Transport insurance is only provided upon special request and at the customer’s expense.
5.5 In the event that the shipment of the goods to the customer is delayed for reasons attributable to the customer, the risk shall pass to the customer upon notification of readiness for shipment to the customer. Any storage costs that may arise after the transfer of risk shall be borne by the customer.
5.6 Self-collection is not possible for logistical reasons.
In the event of force majeure events affecting the performance of the contract, the seller is entitled to postpone the delivery for the duration of the impediment and, in the case of longer delays, to withdraw from the contract in whole or in part, without this giving rise to any claims against the seller. Force majeure events include all events that are unforeseeable for the seller or, even if foreseeable, lie outside the seller’s control and cannot be prevented from affecting the performance of the contract by reasonable efforts on the part of the seller. Any statutory claims of the customer remain unaffected.
If the shipment or delivery of the goods is delayed at the customer’s request by more than one month after the notification of readiness for shipment, the customer may be charged storage fees of 0.5% of the purchase price for each additional month commenced, up to a maximum of 5% of the purchase price. Both parties remain free to prove higher or lower damages.
8.1 The seller reserves ownership of the delivered goods until the full payment of the purchase price owed. Furthermore, the seller retains ownership of the delivered goods until all claims arising from the business relationship with the customer have been fulfilled.
8.2 In the event of processing of the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. If processing is carried out together with other materials, the seller acquires ownership in proportion to the invoice values of its goods compared to that of the other materials. In the case of the connection or mixing of the seller’s goods with an item belonging to the customer, if the latter is to be regarded as the main item, co-ownership of the item passes to the seller in proportion to the invoice value of the seller’s goods compared to the invoice value or, in the absence thereof, to the market value of the main item. In these cases, the customer is deemed to be the custodian.
8.3 The customer may not pledge or transfer items subject to retention of title or claims. The customer is only allowed to resell the goods in the ordinary course of business, provided that the customer’s claims against its customers resulting from such resale have been effectively assigned to the seller, and the customer transfers ownership to its customers with reservation of title. In this case, the customer assigns its claims related to such sales to the seller upon conclusion of the contract, and the seller accepts this assignment simultaneously.
8.4 The customer must immediately notify the seller of access to goods owned or co-owned by the seller or of assigned claims. The customer is obliged to immediately remit to the seller any amounts collected on behalf of the seller for the claims as soon as they become due.
8.5 To the extent that the value of the seller’s security rights exceeds the amount of the secured claims by more than 10%, the seller shall release a corresponding portion of the security rights at the customer’s request.
If the purchased item is defective, the statutory provisions regarding warranty apply. However, the following deviations apply:
9.1 Warranty claims do not arise in the case of natural wear and tear or damage resulting from faulty or negligent handling, excessive stress, unsuitable operating materials, or due to special external influences not specified in the contract. If the customer or third parties carry out improper modifications or repair work, no warranty claims shall apply for these and the resulting consequences, unless the customer can prove that the reported malfunction was not caused by these modifications or repairs.
9.2 For new goods, the limitation period for warranty claims is one year from the delivery of the goods. Warranty rights and claims for used goods are excluded.
9.3 The liability limitations and shortening of the statute of limitations as set forth above do not apply:
9.4 In the case of subsequent performance by means of replacement delivery within the scope of the warranty, the limitation period does not restart.
9.5 If replacement delivery is made within the scope of warranty, the customer is obliged to return the originally delivered goods to the seller within 30 days. The return package must include the reason for the return, the customer’s name, and the number assigned to the purchase of the defective goods, which allows the seller to allocate the returned goods. As long as and to the extent that the allocation of the return shipment is not possible for reasons attributable to the customer, the seller is not obliged to accept the returned goods and refund the purchase price. The cost of reshipment is borne by the customer.
9.7 If the seller provides a defect-free item for the purpose of subsequent performance, the seller may claim compensation for use under § 346 (1) of the German Civil Code (BGB) from the customer. Other statutory claims remain unaffected.
9.8 If the customer is a merchant as defined by § 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to examine and give notice of defects in accordance with § 377 of the HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
The seller’s liability to the customer for damages and reimbursement of expenses, regardless of the legal basis, is as follows:
10.1 The seller is fully liable in case of
10.2 In the event of negligent violation of material contractual obligations, liability is limited to foreseeable damages typical for the contract, unless unlimited liability is provided for in accordance with the above paragraph. Material contractual obligations are obligations imposed by the contract in accordance with its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.
10.3 Otherwise, the seller’s liability is excluded.
10.4 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.
Customer claims against the seller, except for those regulated under the section “Warranty,” become statute-barred within one year from the date the customer becomes aware of the circumstances giving rise to the claim, but in any case within five years from the date of performance, unless unlimited liability is provided for in accordance with the above paragraph.
12.1 Customer retention and refusal of performance rights are excluded unless the seller does not dispute the underlying counterclaims or they have been legally established.
12.2 Assignment of claims from the contract concluded with the customer by the customer, especially the assignment of any warranty claims, is excluded.
13.1 The customer indemnifies the seller against any claims by third parties that may arise in connection with an infringement of their rights due to the contractual use of the customer’s content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees in statutory amount. This does not apply if the infringement is not attributable to the customer. In the event of a claim by third parties, the customer is obliged to provide the seller with all information required for the examination of the claims and for defense immediately, truthfully, and completely.
13.2 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
14.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods.
14.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In any case, the seller is entitled to bring legal action at the customer’s place of business.
