1. SCOPE

The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. CONTRACTING PARTY, CONCLUSION OF CONTRACT, OPTIONS FOR CORRECTION

The contract of sale is concluded with Heinrich Dinkelacker GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can first place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order, by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order is sent by e-mail immediately after the order has been submitted.

We accept your offer within two days by

  • sending a declaration of acceptance in a separate e-mail, or
  • where applicable, the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected in each case (see under “Payment”).

The alternative relevant to you depends on which of the listed events occurs first.

For our service offer “Workshop”, we receive the order automatically through the shop system. In all cases, receipt of the order is confirmed immediately. We point out that the confirmation of receipt, which is usually automated, does not in itself constitute acceptance, but is merely intended to indicate that the order has been received by us and is being processed. We will therefore confirm the order separately, but, for the sake of simplicity and speed, we reserve the right to combine the acceptance with the confirmation of receipt, so that you may receive both together. We are entitled to accept your order, and thus your offer, by performing the services within five days after the goods have been sent. If you order goods and at the same time make use of the services, the offer is accepted by confirmation by e-mail.

3. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs may be incurred. You will find more detailed provisions on any shipping costs incurred in the offers.

We deliver by shipping only. Collection of the goods in person is unfortunately not possible.

5. PAYMENT

In principle, the following payment methods are available to you in our shop:

Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after the order has been placed.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information in the ordering process.

6. RETENTION OF TITLE

The goods remain our property until full payment has been made.

7. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please make a complaint about such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your rights in respect of liability for defects. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

8. LIABILITY FOR DEFECTS AND GUARANTEES

8.1 LAW ON LIABILITY FOR DEFECTS

The statutory law on liability for defects applies.

8.2 GUARANTEES AND CUSTOMER SERVICE

Information on any additional guarantees that may apply and their precise conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on telephone number 030 60983700 (Monday to Thursday from 10:00 to 17:00, Friday from 09:00 to 13:00, excluding church and statutory public holidays) and by e-mail at service@n91berlin.com.

9. LIABILITY

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of an intentional or grossly negligent breach of duty,
  • in the case of promises of guarantee, where agreed, or
  • where the scope of application of the Produkthaftungsgesetz (German Product Liability Act) is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations), through slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.