General Terms and Conditions - GTC

The following contract terms apply to all orders at our online shop.

1.      Validity
2.      Conclusion of contract
3.      Prices
4.1     Delivery
4.2     Partial delivery
5.      Reservation of proprietary rights
6.      Warranty/Guarantee
7.      Cancellation instructions
8.      Offered methods of payment
9.      Final provisions

 

1. Validity

These General Terms and Conditions are exclusively effective on business connections between DUA-SHOP/dua Alexander Esslinger (authorized representative: Alexander Esslinger) and the costumer. Opposing or divergent regulations to these GTC’s will not be accepted and dua Alexander Esslinger contradicts such intentions explicitly. Opposing Terms and Conditions are only valid if the DUA-SHOP/dua-Alexander Esslinger agrees to these explicitly and confirms their agreement in writing.

2. Conclusion of contract

The product appearance on the online shop does not represent a legally binding offer, but a not-binding online catalogue. By keying in your personal data and clicking on the Order-button at the final step of the ordering process, you have made a binding order of those products you added to your basket. You can call us, dialling 0049 – 177 – 4812322. For written orders, you can send us an email to bestellung@dua-shop.com. The contract regulations are also valid in case of an order by telephone or email. The acknowledgement of receipt of the order follows immediately after sending it. The contract of sale achieves validity with the delivery of the order, in case of advanced payment the validity occurs with the request for payment.

3. Prices

Unless otherwise agreed, the listed prices of the order apply. The prices include the value-added tax that is valid at the date of the order, plus transportation costs as stated in the order. In case the costumer requests partial delivery, he has to bear the additional costs.

Delivery to Switzerland

In this case we only charge the net costs. The value-added tax that is prescribed in Germany, will be cancelled. Instead, the costumer pays the statutory value-added tax of Switzerland to the haulage contractor.

Delivery to non-EU countries

For delivery to non-EU countries additional costums duties and fees accrue. Further informations you can find here and especially for Switzerland here.

4.1 Delivery

The actual delivery periods conform to the delivery periods of our suppliers. Should our non-binding delivery periods be exceeded significantly, the purchaser will be informed immediately. The delivery period will extend without prior warning, if the purchaser has chosen the method of advanced payment but does not fulfil the request. We currently deliver within Germany, to European countries outside Germany (EU Member States) and to Switzerland. If you want to receive your order in another country, please send us an email to bestellung@dua-shop.com.

4.2 Partial delivery

We are entitled to render partial delivery at a reasonable extent. Additional transportation costs will only be charged with express agreement. In case the costumer requests partial delivery, he has to bear the additional costs.

5. Reservation of proprietary rights

The delivered product will remain property of the dua Esslinger Däschle GbR until all payment are completed.

6. Warranty / Guarantee

Should delivered products show obvious material or manufacturing defects (including transport damages), please report these immediately either to us or to the haulier who delivered the product. However, the neglect of this rebuke has no effect on your legal claims. For all defects and damages of the purchased product occured in the statutory period of warranty you have the choice of laying claim either on supplementary performance or on elimination of defects/replacement. By fulfiling the statutory requirements, you can also lay progressing claims on reduction or withdrawal and additionally on compensation including the replacement of damage instead of fulfilment as well as the replacement of your vain expenditure. Our manufacturers guarantee the dependability of their products. For detailed warranty conditions, please consider product descriptions and particulars of the instruction manuals.

7. Cancellation instructions

You can revoke your purchase within 2 weeks without giving reasons. It has to be in writing (e. g. letter, email) or – in case the matter is left to you before expiry of the stipulated period – by announced return. The period starts after receiving this instruction in writing, but not before the consignee receives his order and not before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1, paragraphs 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duties in accordance with § 312 g,  paragraph 1, clause 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. To meet the deadline, it is sufficient to timely send off the revocation to:

dua, Alexander Esslinger
Kyffhäuserstrasse 7
50674 Köln, Germany
info@dua-shop.de

Returns have to be announced in advance, because the return address can differ.

In accordance with § 312 d, paragraph 4 BGB (German Civil Code), the right of return becomes invalid, if the delivered products are manufactured to your specifications or are obviously made in reference to your personal needs or, due to their appearance and condition, are unsuitable to be returned.

Exclusion of revocation

The right of return becomes invalid in case of „Fernabsatzverträgen” (distance selling contracts) (orders with our online shop) for the delivery of products that are manufactured to costumer specifications or are obviously made in reference to personal needs or, due to their appearance and condition, are unsuitable to be returned, for the delivery of audio and video recordings or software, if the media were unsealed by the costumer, and for delivery of newspapers, journals and magazines.

Consequences of revocation

In case of an effective revocation the received services on both sides have to be returned and possibly gained benefits (e. g. interest earnings) given back. If you cannot return the received services and benefits (e. g. advantages of use) completely or partially or only in an deteriorated condition, you have to provide compensation. For the deterioration of the product and for gained benefits you only have to provide compensation, if the deterioration or the benefits are reducible to the use of the product which goes beyond the examination of properties and functionality. The term „examination of properties and functionality” determines the testing and trial of the particular product as it is possible and common in a retail shop.

Products that are suitable for parcel shipment can be returned at our risk. You have to bear all regular costs of the return, if the delivered product is identical with the ordered product and if the price of the returned product does not exceed 40 Euros or if the price of the returned product is higher than 40 Euros, but you have not yet fulfilled the agreed contribution of return at the date of revocation. In all other cases the return is free of cost for you. The refund of payments have to be fulfilled within 30 days. The time period for you starts with the dispatch of your revocation or the product, for us with their receipt.

The paragraphs above are wordings that are required by legislature and judicature. We dutifully quote and apply these. Besides all statutory duties, we hope for an in every respect partnership-based relationship with our costumers; in so far you can always count on us, if you have trouble with our products even after expiry of the stipulated period. However, we also think that it would be fair, if you could stamp your returns to us.

8. Offered methods of payment

You can choose between following methods of payment: payment in advance (free of charge); payment per Paypal (free of charge)

9. Final provisions

Slight deviations of all online catalogue illustrations and particulars can occur. The court of jurisdiction for all disputes of business relations is Köln (Cologne). For business relations with a purchaser German Law is exclusively applicable. The purchase contract can be concluded in German or in English.