Terms & Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Tom Fiedeler) via the internet platform dropshipping-marktplatz.de (B2B), unless a modification is agreed upon in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our products for purchase if you are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding the legal transaction (entrepreneur). Contract conclusion with consumers is excluded.

§ 2 Contract Formation

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) Our offers on the internet are non-binding and not a binding offer to conclude a contract.

(3) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "checkout" or "continue with order" page and entering the payment and shipping conditions, all order data is finally displayed on the order overview page.

Before submitting the order, you have the opportunity to check all information again, make changes (also via the "back" function of the internet browser) or cancel the purchase. By submitting the order via the "Buy" button, you submit a binding offer to us.

You will first receive an automatic email about the receipt of your order, which does not yet lead to contract conclusion.

(4) Acceptance of the offer (and thus contract conclusion) takes place within 5 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message within this period, you are no longer bound by your order. Any services already provided will be refunded immediately in this case.

(5) Order processing and transmission of all information required in connection with contract conclusion is carried out by email, partly automated. You must therefore ensure that the email address you have deposited with us is correct, that receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Prices, Payment Conditions and Shipping Costs

(1) The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include statutory value added tax.

(2) The applicable shipping costs are not included in the purchase price; they are calculated separately, unless free shipping is promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

(3) You have the following payment options, unless otherwise indicated in the online ordering process:

• Heidelpay Credit Card
• Heidelpay Instant Transfer
• Heidelpay Advance Payment

Payment processing is carried out via Heidelberger Payment GmbH, Vangerowstraße 18, 69115 Heidelberg (Heidelpay).

Unless otherwise stated in the respective offer or in the online ordering process, payment claims from the concluded contract are immediately due for payment.

Cash discounts are only permitted if expressly stated in the respective offer or on the invoice.

§ 4 Delivery Conditions

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. The goods are only shipped after receipt of the complete purchase price and shipping costs at Heidelpay.

(2) Should a product you ordered unexpectedly not be available despite timely conclusion of an adequate hedging transaction for reasons beyond our control, you will be immediately informed of the unavailability and any payments already made will be refunded immediately in case of withdrawal.

(3) Shipping is at your risk. If you wish, shipping will be carried out with appropriate transport insurance, whereby the resulting costs are to be borne by you.

(4) Partial deliveries are permitted and can be invoiced by us independently, provided you are not burdened with additional shipping costs.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. The period reduction does not apply:

• for damages attributable to us caused by culpable violation of life, body or health and for other damages caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
• for items that have been used for a building according to their usual use and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with defect rights.

(2) Only our own statements and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public praise and statements by the manufacturer.

(3) In case of defects, we provide warranty at our choice through repair or replacement delivery. If defect elimination fails, you can demand reduction or withdraw from the contract at your choice. Defect elimination is considered failed after an unsuccessful second attempt, unless something else results from the nature of the item or defect or other circumstances. In case of repair, we do not have to bear the increased costs arising from bringing the goods to a place other than the place of performance, provided the bringing does not correspond to the intended use of the goods.

§ 6 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) We reserve ownership of the goods until complete settlement of all claims from the ongoing business relationship. Before transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

(3) You can resell the goods in ordinary business. In this case, you already now assign to us all claims in the amount of the invoice amount that arise to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, as long as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

(4) In case of connection and mixing of the reserved goods, we 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 processing.

(5) We undertake to release the securities due to you upon your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of securities to be released is up to us.

§ 7 Choice of Law

German law applies excluding the UN Sales Convention.