Terms & Conditions
General Terms and
Conditions
§ 1 Validity, Definitions
1. EXIM Welt GmbH,
Torstraße 177, 10115 Berlin, Germany (hereinafter referred to as “we” or
“Neandertaler-Feuer”), operates an online shop for goods on the website https://neandertaler-feuer.de/en/ . The following General Terms and
Conditions apply to all services provided between us and our customers
(hereinafter referred to as “customer” or “you”) in their version valid at the
time of the order, unless otherwise expressly agreed.
2. A "consumer" within the meaning
of these terms and conditions is any natural person who enters into a legal
transaction for purposes that are predominantly not attributable to their
commercial or independent professional activities. An
"entrepreneur" is a natural or legal person or a legal partnership
who acts in the exercise of their commercial or independent professional
activities when entering into a legal transaction.
§ 2
Formation of Contracts, Storage of Contract Text
1. The following rules on
the conclusion of contracts apply to orders placed via our online shop at https://neandertaler-feuer.de/en/ .
2. Our product presentations on the internet
are non-binding and do not constitute a binding offer to conclude a contract.
3. A binding contract offer is submitted by the customer when successfully completing the order process in our online shop. The order is placed in the following steps:
1.
Selection of the desired goods.
2.
Adding products by clicking the
corresponding button (e.g., "Add to cart").
3.
Reviewing the items in the shopping cart.
4.
Accessing the order overview by clicking
the corresponding button (e.g., "Proceed to checkout").
5.
Entering/verifying address and contact
details, selecting payment methods, confirming the terms and conditions and
cancellation policy.
6.
Completing the order by clicking the
"Buy Now" button. This constitutes your binding order.
7.
The contract is concluded when you receive
an order confirmation via email from us within three working days.
4. In the event of a contract conclusion, the
contract is entered into with EXIM Welt GmbH, Torstraße 177, 10115 Berlin,
Germany.
5. Before placing the order, you can print or
save the contract data using your browser's print function. The
processing of the order and transmission of all necessary information related
to the contract conclusion, including the order data, the terms and conditions,
and the cancellation policy, will be sent via email, partly automated. We do
not store the contract text after the conclusion of the contract.
6. Input errors can be corrected using the
usual keyboard, mouse, and browser functions (e.g., "Back" button). The process
can also be terminated by closing the browser window and restarting the order.
7. Order processing and
contact are carried out via email, partly automated. You must
ensure that the email address provided by you is correct, that receipt of
emails is technically guaranteed, and that it is not blocked by spam filters.
§ 3
Subject of the Contract and Key Product Features
1. The subject of the
contract in our online shop is:
The sale of goods. The specific products
offered can be found on our product pages.
2. The key features of the goods can be found
in the product descriptions.
§ 4 Prices, Shipping Costs, and
Delivery
1. The prices stated in the respective offers and the
shipping costs are total prices, including all components and applicable taxes.
2. Payment for the product must be made in advance (prepayment). The available payment methods are indicated in the online shop or
in the respective offer. Unless otherwise specified, payments are due
immediately.
3. Additional shipping costs may apply unless the item is marked as free
shipping. Shipping costs are clearly
indicated in the offers, in the shopping cart system, and on the order overview
page.
4. Delivery is always curbside, as is customary in freight shipping. The customer/recipient has no right to delivery to a preferred
location. Delivery obligations are fulfilled when the goods are placed at the
property boundary.
5. Unless otherwise clearly stated in the product description, all offered
products are ready for shipment immediately (delivery time: 5–10 working days
after payment receipt or order placement for purchases on account).
6. Delivery restrictions apply to the following: Deliveries are made only
within Germany (excluding islands).
§ 5 Right
of Retention, Retention of Title
1. You can only exercise a right of retention insofar as
it concerns claims arising 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 are entitled to a right of withdrawal. This is governed by our withdrawal policy.
§ 7
Liability
1. Except as provided below, our liability for
contractual breaches and tortious acts is limited to intent or gross
negligence.
2. We are liable without limitation for slight negligence in the event of
injury to life, limb, or health, or in cases of a breach of an essential
contractual obligation. If we are in default due to slight
negligence, the liability for material and financial damages resulting from
such delay is limited to the foreseeable damage typical of the contract.
Essential contractual obligations are those that enable the proper execution of
the contract in the first place and whose violation jeopardizes the attainment
of the contract’s purpose.
§ 9 Warranty
1. The warranty is governed by statutory provisions.
2. As a consumer, you are requested to check the goods/digital products or
services for completeness, obvious defects, and transport damage upon delivery
and to report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty claims.
§ 10 Final Provisions
1. German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of protection under mandatory provisions of the law of the country of their habitual residence (principle of favorability).
2. The provisions of the UN Sales Convention are expressly excluded.
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 provider's registered office.