§ 1 Scope and Service Provider
(1) These Terms and Conditions apply to all orders you place in the online-store "Spreading Color" of the Sole Trader Otmar Nitsche.
(2) The offer in our online-store only applies to buyers that are over the age of 18.
(3) Our deliveries, services and offers are only in effect on the basis of these Terms and Conditions. The Terms and Conditions also apply towards businesses and therefore to all business relationships, even if not explicitly stated. We hereby deny the inclusion of Terms and Conditions of a customer if they stand in opposition to our Terms and Conditions.
(4) Contract languages are German and English.
(5) You can access and print the current and valid Terms and Conditions from our website at any time.
§ 2 Conclusion of a Contract
(1) The presentation of goods in our online-store does not constitute a binding offer towards a purchasing contract. It is rather a non-binding invitation to treat.
(2) You are making a binding purchasing offer by clicking the button "order with an obligation to pay" (§ 145 BGB - German Civil Code).
(3) Once we receive your purchasing offer, you get an automatically generated email that confirms the receipt of said offer. This confirmation of receipt does not constitute the acceptance of your purchasing offer. No contract comes about with this confirmation of receipt.
(4) A purchase contract only comes about when we expressly declare the acceptance of the purchase offer or when we send you the goods without an expressly declaration of acceptance.
§ 3 Prices
The prices listed on the product pages include the statutory value-added tax and other components but are exclusive of shipping costs.
§ 4 Terms of payment; delay of payment
(1) The payment can be done by:
- Invoice in advance
- Credit Card
- PayPal or
- Direct Debit
(2) By choosing the payment option "invoice in advance" we will send you our banking details in the confirmation of the order. The total amount on the invoice is to be transferred to our bank account within 10 days after receipt of the goods.
(3) When paying by Credit Card, the purchase amount is blocked on your credit card ("authorization"). Your account will be debited once your order has been shipped.
(4) When paying by Direct Debit, you bear the costs that may incur as a result of a re-booking of a payment transaction through a lack of funds available or because of wrongfully submitted data of the banking details.
(5) If your payment is delayed, you are obliged to pay the statutory interest on arrears to the amount of 5 percent above the base rate. For every payment reminder that is being sent to you after the delay of payment, you will be charged with a dunning fee of EUR 2.50, insofar no lower or higher loss can be proven.
§ 5 Right of set-off/right of retention
(1) You are only entitled to a right of set-off if your counter-claim has been legally established, is not denied or acknowledged by us, or is in a strict synallagmatic relationship with our claim.
(2) You can only exercise a right of retention if your claim is based on the same contractual relationship.
§ 6 Delivery; Property reservation
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an business within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally:
- We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. A pledge or security transfer shall not be permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which you are accruing from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to meet your payment obligations properly, we reserve the right to collect claims ourselves.
- In case of combining and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
- We undertake to release the securities to which we are entitled on request in so far as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.
§ 7 Revocation
Please refer to the "revocation terms" link on our website.
§ 8 Transport damage
(1) If goods are delivered with apparent damage due to the transport, please report these fault immediately to the delivery company and contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they will help us to communicate our own claims against the freight carrier or the transport insurance company.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are governed by the statutory provisions of the purchase law (§§ 433 ff. BGB - German Civil Code)
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for claims for warranties of used goods - in deviation from statutory provisions - is one year. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of the proper execution of the contract at first and on which the contractual partner may regularly rely (cardinal obligation), as well as for claims due to other damages that result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
(3) In addition, the statutory provisions shall apply to the guarantee.
(4) If you are a business within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:
- For the quality of the goods, only our own data and the product description of the manufacturer are binding, public promises and utterances and other advertising of the manufacturer are non-binding.
- You are obliged to inspect the goods promptly and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The punctual sending is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. In case of breach of the duty to inspect and to notify, the assertion of the warranty claims is excluded.
- In the case of defects, we make a guarantee by means of rework or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability:
We are liable without limitation for intent and gross negligence as well as in accordance with the product liability law. We shall be liable for slight negligence in case of damage resulting from injuries to life, body and health of persons.
(2) The following limited liability applies:
In the case of slight negligence, we shall be liable only in the event of a breach of contractual obligation of a material, which is the fulfillment of which the proper implementation of the contract is possible at first and which you may regularly trust to comply with (the cardinal obligation). The liability for slight negligence is limited to the damages foreseeable at the time of conclusion of contract, which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these Terms and Conditions be or become invalid, the effectiveness of other provisions shall not be affected.
(2) Any contract between us and you shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
(3) If you are a merchant, a legal person of public law or a public special fund, Görlitz, Germany, shall have jurisdiction for all disputes arising out of or in connection with contracts between us and you.