AGB
General terms and conditions of business
1. Scope
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur 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.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the information provided for this in the ordering process and use the correction aids explained. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order.
When the contract with us comes into effect depends on the payment method you choose:
Invoice, SEPA direct debit
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This creates a contract with us.
Cash on pickup
You pay the invoice amount in cash upon collection.
3. Contract language, contract text storage
We save 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
You generally have the option of collecting from Nessensohn GmbH, Steigäcker 6, 88454 Hochdorf, Germany during the following business hours: Monday to Friday from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. (except Friday afternoon)
5. Payment
SEPA direct debit scheme
By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged. The account will be debited after you have received the goods. The deadline for advance notification of the date of the account debit (so-called prenotification period) is 7 days.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can provide your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and authenticate yourself with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
Credit card via PayPal
If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your authentication as the legitimate cardholder and your card will be charged. You'll get more information during the ordering process.
Direct debit via PayPal
If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.
Invoice via PayPal
If you have chosen the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After successful address and creditworthiness checks and submission of the order, we assign our claim to PayPal. In this case, you can only make payments to PayPal with debt-discharging effect. In addition to our general terms and conditions, the general terms and conditions and data protection declaration of PayPal apply to payment processing via PayPal. Further information and PayPal's complete terms and conditions for purchasing on account can be found here.
The invoice
After receiving the goods and the invoice, you pay the invoice amount by bank transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and Guarantees
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will first provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraud
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is open.
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.