General terms and conditions of business
1 Applicability, definitions of terms
(1) Callido Business Concepts UG, Sudetenstr. 11, 85456 Wartenberg, Germany (hereinafter: "we" or "EANdirekt") operates an online shop for goods and digital goods under the website www.ean-direkt.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and enter into liabilities.
2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our online shop at www.ean-direkt.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods, digital goods,
- Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
- Completion of the order by pressing the button "Order with costs". This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In case of contract conclusion the contract is concluded with Callido Business Concepts UG, Sudetenstr. 11, 85456 Wartenberg, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop is the subject of the contract:
- The sale of goods. The concrete goods offered can be found on our article pages.
- The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods offered on our article pages.
(2) The essential characteristics of the goods and digital goods can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances shall apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: standard after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, United Kingdom.
5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of withdrawal
As a consumer you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached an essential contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes in particular our duty to act and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contract language
Only German is available as the contractual language.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or 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 registered office of the provider.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.