Terms and conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier. (Cella GmbH) via the website www.einbad.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods and/or the provision of assembly services.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are stored in the "shopping basket". You can call up the "Shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and that the e-mail address is correct and in particular is not prevented by SPAM filters.
§ 3 Performance of assembly services
(1) Insofar as assembly services are the subject matter of the contract, we shall be responsible for the assembly work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) The service shall be provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you must provide the opportunity to enter the premises in an accessible and reasonably safe condition at the time of performance of the installation services. Furthermore, you are obliged to provide us with electrical power and, if necessary, water. We are entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 BGB if you do not fulfill your obligations to cooperate. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation.
(4) If you exercise your right of cancellation in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of withdrawal exists, this only applies if you only exercise your right of withdrawal after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no or significantly lower costs.
(1) You may only exercise a right of retention insofar as it concerns claims arising 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 also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Guarantee
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion either by repair or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Cella GmbH
Herkomerplatz 2
81679 München
Deutschland
Telefon: 08920071435
E-Mail: info@einbad.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, Contract text storage
3.1. Contract language is German .
3.2 The complete text of the contract will not be saved by us. Before sending the order via the online shopping basket system the contract data can be printed out using the browser's print function or saved electronically. After we have received your order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Codes of conduct
4.1 We have subjected ourselves to the quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price they can be called up via a correspondingly labelled button on our website or in the respective offer are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. Costs incurred for money transfer (transfer or exchange rate fees charged by credit institutions) are from you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. cancellation
9.1. Information on the cancellation of the contract and the cancellation conditions can be found in the regulations on "Installation services" in our General Terms and Conditions (Part I), as well as in the respective offer.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
letzte Aktualisierung: 01.01.2023