Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Volmer eK) via the www.spaceproducts.de website. Unless otherwise agreed, the inclusion of any own conditions is contradicted.
(2)"Consumer"within the meaning of the following provisions is any natural person who enters into a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their self-employed professional activity."Entrepreneur"is any natural or legal person or partnership with legal capacity who concludes a legal transaction in the course of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of products.
(2) Our offers on the website are non-binding and do not represent a binding offer to conclude a contract.
(3) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are saved in the"shopping cart". You can use the corresponding button in the navigation bar to call up the"shopping cart"and make changes at any time. After calling up the"Checkout"page and entering the respective personal data as well as the payment and shipping conditions, all order data are displayed again on the order overview page. Before sending the order, you have the option of checking all data again, changing them (also using the"Back"function of the Internet browser) or canceling the purchase process.
By sending the order via the"Buy"button, you submit a binding offer to us.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order has been placed by a confirmation in text form (e.g. e-mail), in which the execution of the order or the delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you will no longer be deemed to be bound by your order. In this case, the services already provided will be restored immediately.
(5) The execution of the order and the transmission of all information required for the conclusion of the contract takes place by e-mail, in a partially automated form. You must therefore ensure that the e-mail address you have given us is correct and that access to the respective e-mail is guaranteed. In particular, you must ensure that the corresponding e-mails are not blocked by a SPAM filter.
§ 3 Customized Products
(1) You provide us with the information, texts or data required for customizing the goods immediately after conclusion of the contract via the online ordering system or by e-mail. Any specifications from us regarding file formats must be taken into account.
(2) You undertake to ensure that you do not transmit any data whose content infringes the rights of third parties (in particular copyright, name and trademark rights) or violates existing laws. You expressly indemnify us against any related claims made by third parties. This also applies to the costs of any legal representation that becomes necessary in this context.
(3) We do not check the transmitted data for correctness. In this respect, we assume no liability for errors.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following conditions also apply:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. The goods subject to retention of title may neither be pledged nor assigned as security prior to the transfer of ownership.
b) You can resell the goods in the ordinary course of business. In this respect, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are also authorized to collect the claim. However, we reserve the right to collect the claim ourselves as soon as you do not properly meet your payment obligations.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the newly created item. This co-ownership corresponds to the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods for completeness, visible defects and transport damage immediately after delivery and to notify us and the transport company in writing of any complaints immediately. Even if you do not comply with this request, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following deviation applies to the above warranty regulations:
a) It is assumed that the information provided by us and the manufacturer's product description alone represent the nature of the respective product. Other advertisements, instructions and explanations by the manufacturer are not valid as quality information.
b) In the event of defects in the goods, we reserve the right to rectification or replacement. If the rectification fails, you can either demand a reduction in payment (reduction) or withdraw from the contract. The defect will be remedied after a failed second attempt, unless the circumstances, in particular the type of item and/or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the additional costs that arise from the fact that the item is brought to a place other than the place of performance, insofar as the shipment does not correspond to the intended use of the item.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for damage to life, limb or health culpably caused by us and for other damage based on intent or gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods;
- for goods that have been used for a building in accordance with their usual purpose and the defectiveness of which has been caused as a result;
- for legal recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of Law
(1) German law applies. This choice of law applies to customers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the respective customer has his habitual residence (principle of favourability).
(2) The provisions of the UN Sales Convention are expressly not applicable.
II. Information for the customer
1. Customer Identity
Represented by:Michael Volmer
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court dispute resolution (OS platform), which can be viewed at https://ec.europa.eu/odr (https://ec.europa.eu/odr). We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are based on the regulations on the conclusion of the contract in our General Terms and Conditions (Part I.)
3. Contract language, storage of the contract text
3.1 Contract language is German.
3.2 The full text of the contract is not stored by us. Before sending the order, the contract data can be printed out via the online shopping cart system or saved electronically using the print function of the browser.
After we have received the order, the order data, the legally required information on distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or service
The main features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1 The prices stated in the respective offers represent total prices, as do the shipping costs. They contain all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be viewed by clicking on the corresponding button on our website or in the respective offer, are shown separately during the ordering process and are also to be borne by you, unless free delivery is confirmed.
5.3 Deliveries to countries outside the European Union may incur unreasonable additional costs such as customs duties, taxes or money transfer fees (bank transfer or foreign exchange fees), which you must bear. You will also have to bear the costs for money transfers if the delivery is made to an EU member state but the payment is made outside the European Union.
5.4 The payment methods available to you can be seen by clicking on the corresponding button on our website or are shown in the respective offer.
5.5 Unless otherwise specified for the respective payment methods, the payment claims from the concluded contract are due immediately.
6. Terms of Delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be viewed by clicking on the corresponding button on our website or in the respective offer.
6.2 If you are a consumer, the following is regulated by law:The risk of accidental loss or accidental deterioration of the item sold during shipping only passes to you upon delivery of the item, regardless of whether the shipping is insured or not. This does not apply if you have independently commissioned a transport company not named by us or another person commissioned to carry out the shipment.
7. Statutory warranty rights
Liability for defects is based on the"Warranty"provisions in our General Terms and Conditions (Part I).