General Terms and Conditions with Customer Information
- Scope
- Offers and Service Descriptions
- Order Process and Contract Conclusion
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Terms
- Retention of Title
- Warranty for Defects and Guarantees
- Liability
- Storage of the Contract Text
- Final Provisions
1. Scope
1.1. These General Terms and Conditions (GTC) apply exclusively to the business relationship between Johannes Lochner, Rosengasse 7, 91320 Ebermannstadt (hereinafter referred to as the “Seller”), and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order.
1.2. Our customer service can be reached for questions, complaints, and claims on weekdays via email at kundendienst@afterdeals.de. We usually respond within one day. If the issue is more complex, you can also leave a message on our answering machine at 09194 722415. Please indicate the best time to reach you, and we will call you back as soon as possible.
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB).
1.4. The Customer’s differing terms will not be recognized unless the Seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the Seller’s websites do not have the character of a guarantee or warranty. All offers are valid “while stocks last,” unless stated otherwise with the products. Errors are excepted.
3. Order Process and Contract Conclusion
3.1. The Customer can select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart via the button [Add to Cart]. The product selection can be modified within the shopping cart, e.g., deleted. The Customer can then proceed to complete the order process via the button [Proceed to Checkout].
3.2. By clicking the button [BUY NOW], the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can review and modify the data at any time or cancel the order process entirely using the browser’s “back” function. Required fields are marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic acknowledgment of receipt via email, listing the Customer’s order, which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgment merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller ships the ordered product to the Customer within 2 days, hands it over, or confirms the shipment within 2 days via a second email, an express order confirmation, or the sending of the invoice.
3.4. If the Seller offers payment in advance, the contract is concluded with the provision of the bank details and payment request. If the payment is not received within 10 calendar days of the order confirmation, the Seller will withdraw from the contract, making the order null and void with no further obligations on the Seller. The order is then considered settled for both the Customer and the Seller without any further consequences. Reservation of the item in advance payment cases is therefore made for a maximum of 10 calendar days.
3.5. Price Proposal Option: If a [Make a Price Proposal] button is displayed under the [Add to Cart] button in one of our offers, you can suggest a price at which you would buy the item. We can accept, reject, or counteroffer your price proposal. By making a price proposal, you submit a binding offer to conclude a contract for this item at the price you propose. Your price proposal is valid for a maximum of 24 hours. If the Seller ships the ordered product within 2 days after accepting the proposal, a binding contract is formed. The price proposal generally refers only to the price for the offered item.
4. Prices and Shipping Costs
4.1. All prices listed on the Seller’s website include the applicable statutory value-added tax (VAT).
4.2. In addition to the stated prices, the Seller will charge shipping costs for delivery. These shipping costs will be clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If prepayment is agreed upon, delivery will occur after the invoice amount has been received.
5.2. If delivery of the goods fails due to the fault of the buyer despite three attempts, the Seller may withdraw from the contract. Any payments made will be promptly refunded to the Customer.
5.3. If the ordered product is not available because the Seller, through no fault of their own, is not supplied with this product by their supplier, the Seller may withdraw from the contract. In such a case, the Seller will inform the Customer immediately and, if applicable, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will promptly refund any payments already made by the Customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., limitations on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The Customer can choose from the available payment methods before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. If third-party providers are involved in the payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.4. If the payment due date is determined by the calendar, the Customer is in default as soon as the deadline is missed. In this case, the Customer must pay the statutory default interest.
6.5. The obligation of the Customer to pay default interest does not exclude the Seller from claiming further default damages.
6.6. The Customer has the right to offset only if their counterclaims have been legally established or recognized by the Seller. The Customer may only exercise a right of retention if the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
8. Warranty for Defects and Guarantees
8.1. The warranty is determined by statutory provisions.
8.2. A guarantee for the goods delivered by the Seller only exists if it has been expressly granted. Customers will be informed about the warranty conditions before the order process begins.
9. Liability
9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, notwithstanding other statutory claim requirements.
9.2. The Seller is fully liable if the cause of damage is due to intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential obligations whose violation endangers the achievement of the contract’s purpose or for the breach of duties whose fulfillment enables the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, the Seller is only liable for the foreseeable, typical contractual damage. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply to injury to life, body, or health, for a defect after assuming a guarantee for the product’s quality, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
10. Storage of the Contract Text
10.1. The Customer can print the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order process.
10.2. The Seller will also send the Customer an order confirmation with all order details to the email address provided by them. With the order confirmation, at the latest upon delivery of the goods, the Customer will also receive a copy of the GTC along with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Additionally, we store the contract text but do not make it accessible on the internet.
11. Final Provisions
11.1. The place of jurisdiction and performance is the Seller’s location if the Customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.