§ 1 Scope
(1) These general terms and conditions apply to all business relationships between the company OEZWERK (owner Dastan Özbek) - hereinafter referred to as "OEZWERK" - and its customers in the current version at the time the contract was concluded.
(2) Our general terms and conditions apply exclusively. Conditions of the customer that conflict with or deviate from our terms and conditions will not be recognized unless OEZWERK has expressly agreed to them in writing in the individual case.
§ 2 Registration
(1) Any order for goods requires prior registration by you as a customer with OEZWERK. Multiple registrations under different names or addresses are not permitted. With the successful completion of the registration process, the customer is admitted to the system by OEZWERK.
(2) The approval can be revoked by OEZWERK at any time and without giving reasons. In this case, OEZWERK is entitled to block the user name and the corresponding password immediately.
§ 3 Formation of the contract
(1) The presentation of the OEZWERK range on computers that can be accessed via the Internet does not constitute an offer within the meaning of Sections 145 et seq. of the German Civil Code.
(2) By sending an order to OEZWERK by e-mail, the customer submits an offer within the meaning of Section 145 of the German Civil Code. The customer will receive confirmation of receipt of the order by email. OEZWERK will separately inform the customer of possible errors in the information on the product range on the website and submit a corresponding counter-offer.
(3) The contract with OEZWERK is concluded when OEZWERK accepts this offer. Acceptance is subject to the availability of the ordered goods or service. The declaration of acceptance by OEZWERK to the customer is not required; the customer waives this within the meaning of § 151 Sentence 1 BGB. If OEZWERK cannot accept the customer's offer, this will be dem
communicated to customers in electronic form.
§ 4 Delivery, shipping costs
(1) OEZWERK will immediately deliver the ordered goods to the address specified by the customer in the order. OEZWERK is entitled to make partial deliveries.
(2) The delivery takes place at the shipping costs shown in each individual case. All risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over to the customer by the commissioned logistics partner. This only applies if the customer is a private individual.
(3) Information about the expected delivery period is non-binding if OEZWERK has not given the customer a binding commitment in writing in individual cases.
§ 5 Retention of title
The delivered goods remain the property of OEZWERK until all claims against the customer have been settled in full.
§ 6 Maturity and Payment
(1) OEZWERK only accepts the payment methods indicated in the customer's order process in advance.
(2) The purchase price and any order fees and/or shipping costs incurred are due upon conclusion of the contract.
(3) If the customer is in default, OEZWERK is entitled to demand default interest of 5% above the respective base interest rate. OEZWERK's right to claim higher damages remains unaffected by this.
(4) The customer is only entitled to offset if and to the extent that his counterclaims have been legally established, are undisputed or have been recognized by OEZWERK.
§ 7 cancellation policy
(1) The customer is entitled to revoke his declaration of intent to conclude the contract within one month of receipt of the goods in text form (e.g. letter, email) or by returning the goods to OEZWERK. The timely dispatch of the goods is sufficient to meet the deadline. The customer bears the burden of proof for the dispatch of the goods to be returned. The revocation must be sent to:
Trade in industrial machines
Owner Dastan Özbek
Phone: 08450 92 56 47
Fax: 08450 92 56 67
(2) In the event of an effective cancellation, the customer is obliged to return the goods received. If the customer is unable to return the received goods in whole or in part or can only return them in a deteriorated condition, the customer must compensate OEZWERK for the corresponding reduction in value in the event of cancellation. If the customer has already paid the purchase price, OEZWERK is entitled to deduct the depreciation from the repayment amount. In individual cases, the
depreciation correspond to the purchase price paid.
(3) Bears the cost of returning goods with an order value of up to €40.00
the customer, unless the delivered goods or services do not correspond to those ordered.
(4) In return, in the event of an effective revocation, OEZWERK will reimburse the customer for any purchase price that may have already been paid. Return costs paid by OEZWERK in accordance with paragraph 2 HS 1 will be deducted. For payments abroad, the
Transfer fees deducted. OEZWERK makes use of its right of retention until the goods have been returned in full.
(5) The right of withdrawal is excluded for contracts
a) about the delivery of flowers or other perishable goods;
b) the delivery of newspapers, periodicals and magazines;
c) on the delivery of audio or video recordings or software, if
the data carriers delivered have been unsealed by the customer;
d) on the delivery of goods made according to the customer's specifications
were (e.g. personal books);
e) on the delivery of import items, which are in the detail view as such
For the rest, § 312 Para. 4 BGB applies.
(6) In the case of the exclusion of the revocation and the return according to § 312 d para. 4
BGB and according to § 7 paragraph 5 of our terms and conditions, the customer has to return the
goods to us to bear the costs of sending them back to him.
§ 8 Liability for Defects
(1) OEZWERK will be responsible for defects that exist when the goods are handed over and are not listed in the description of the goods during a warranty period of twenty-four months for new goods and twelve months for used goods in accordance with the following rules.
(2) The customer shall immediately notify OEZWERK in writing of any defects that may occur. If there is a defect for which OEZWERK is responsible, OEZWERK will remedy this, at the customer's option, by eliminating it, by making a replacement delivery or by issuing a credit note.
(3) If the rectification of defects or replacement delivery fails, if OEZWERK is not willing or able to do so, or if this is delayed beyond a reasonable period of time for reasons for which OEZWERK is responsible, the customer is entitled to withdraw from the contract without prejudice to any claims for damages or to demand a reduction in the purchase price.
§ 9 Address
Owner Dastan Özbek
Phone: 08450 92 56 47
Fax: 08450 92 56 67
(2) The return address for delivered goods can be found on the delivery note.
§ 10 data protection
OEZWERK undertakes to protect the privacy of all people who shop in the shops operated by OEZWERK and to treat personal data confidentially. The basis for this are the applicable statutory provisions, such as that
Federal Data Protection Act (BDSG) and the telecommunications laws.
Section 11 Liability
(1) OEZWERK has unlimited liability for damage caused intentionally or through gross negligence, fraudulent concealment of defects, acceptance of a quality guarantee, for claims based on the Product Liability Act and bodily injury.
(2) OEZWERK is only liable for other damage if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation) and if the damage is typical and foreseeable due to the contractual use of the goods.
(3) In such a case, liability is limited to an amount equal to twice the purchase price paid under this contract.
(4) Further liability, in particular for damage not caused to the goods themselves, for lost profits or other financial losses on the part of the customer, is excluded.
§ 12 Final Provisions
(1) This contract is exclusively subject to the substantive law of the Federal Republic of Germany.