General terms and conditions of business
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of the company Matthias Schempf, Herrenalber Str. 48 75334 Straubenhardt (hereinafter: "Seller"), regarding the online shop www.difuma.com and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in text form. Individual agreements between the seller and the customer always have priority.
(2) The seller offers customers in the online shop www. difuma .com offers new goods for sale.
§ 2 Conclusion of contract
(1) The contract is concluded by a confirmation of acceptance from the seller. The customer submits an offer to the seller beforehand by placing the selected goods in the shopping cart and clicking on the "order button", which the seller then checks.
(2) The customer also has the option of inquiring about a specific item online, by telephone, or by e-mail, fax or letter from the seller. After receiving such a request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.
(3) The contract text is saved. The customer receives the text of the contract by email.
§ 3 Prices, shipping costs, payment method, reminder fees
(1) For orders via the online shop, the prices stated there apply. All prices are final prices.
(2) Any additional delivery and shipping costs that may be incurred will be specified separately in the offer for the respective product description. In the case of delivery by forwarding agent, we calculate the shipping costs according to our valid shipping costs table.
(3) The delivery of the customer by the seller takes place at the request of the customer against the following payment methods: prepayment by bank transfer, prepayment by immediate bank transfer.
(4) If the customer chooses prepayment by bank transfer, the payment is due at the latest immediately calendar days after the conclusion of the contract. In the case of delivery on account, payment is due at the latest immediately calendar days after invoicing. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery fees are due upon delivery and presentation of the cash on delivery slip by the commissioned transport company.
(5) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
(6) The seller always issues an invoice to the customer, which is handed to him upon delivery of the goods or otherwise received in text form.
§ 4 Delivery, transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. The delivery takes place from the seller's warehouse., The delivery takes place directly from the manufacturer., It is also possible to collect the goods yourself against cash payment after making an appointment in advance.
(2) The seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(3) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This
Self-delivery reservation only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the non-performance if a so-called congruent hedging transaction to fulfill the contractual obligations was concluded in good time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this fact and refund any purchase price already paid and shipping costs.
(4) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment when the goods are delivered.
(5) We also deliver to the following countries: Germany delivery time: 1-2, Austria delivery time: 1-3, BeNeLux delivery time: 1-3, EU delivery time: 2-4, Europe delivery time: 2-4, worldwide delivery time: 4- 6.
§ 5 Right of Withdrawal
Customers who are consumers within the meaning of § 13 BGB have a statutory right of withdrawal. Information on this can be found in the cancellation policy .
§ 6 Retention of title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled. In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the current business relationship until all claims in connection with the seller have been settled with the contract.
§ 7 Warranty
Insofar as there are defects, the customer is entitled to the statutory provisions in accordance with the following provisions
warranty rights. If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.
§ 8 Liability
Apart from liability for defects in quality and title, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a
is a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: https://ec.europa.eu/consumers / or
Information obligation according to the Consumer Dispute Settlement Act (§36 VSBG): The SELLER is to participate in
neither willing nor obliged to further dispute settlement procedures before a consumer arbitration board.