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Contents
A. Information before concluding the contract
B. General Terms and Conditions DIBBERN Online ShopContractual partner
Your contractual partner for all purchase contracts concluded via this website of the "DIBBERN Online Shop" is DIBBERN GmbH,
Local Court Lübeck, HR B 8558 HL,
Managing Director: Jan Dibbern - Ben Dibbern,
Heinrich-Hertz-Straße 1, 22941 Bargteheide,
Phone: +49 40 303 77 68-68
E-mail: shop@dibbern.de,
www.dibbern.de.
(hereinafter: DIBBERN)
Formation of the contract
The presentation of our goods in the DIBBERN online store does not constitute a legally binding offer to conclude sales contracts, but a non-binding invitation to persons of legal age and unlimited legal capacity to order goods from us
You can collect the goods presented on our product pages in the so-called shopping cart by clicking on the "ADD TO CART" button. If you go to the shopping cart by clicking on the correspondingly named button "TO CHECKOUT" and at the end of the online order form click on the button "ORDER WITH OBLIGATION TO PAY", you are making a legally binding offer to conclude a purchase contract for the items you have placed in the shopping cart. You can correct any input errors in the shopping cart by either changing the number of your items or deleting items completely by clicking on the trash can next to the product before you go "TO CHECKOUT" .
By clicking on the button "PROCEED TO PAYMENT" you accept our general terms and conditions. We will then send you an e-mail confirming receipt of your order and listing its details (order confirmation). At the end of the order confirmation you will find our general terms and conditions attached. This order confirmation does not constitute a purchase contract; it is for your information and control only. DIBBERN accepts the offer by dispatching the ordered goods.
The contract is concluded in German. However, we also provide you with a non-binding version of our terms and conditions and privacy policy in English for your information.
Product description
The "DIBBERN OnlineShop" exclusively offers products of the brand "DIBBERN". A detailed product description and the main features of the goods can be found in the respective descriptions on the page www.dibbern.de. The products shown on the website may differ slightly in color and appearance from the actual items.
Prices and shipping costs
Your order is based on the prices stated in the "DIBBERN Online Shop". All prices are end consumer prices and include the applicable statutory VAT. We only ship within the EU. With an order value of EUR 100.00 or more, we will deliver the goods to you without additional shipping costs. If the value of an order is less than EUR 100.00, we will charge a flat-rate shipping fee, which will be displayed in the shopping cart before you place your binding order in the DIBBERN online store.
Payment methods
You can pay for your order via PayPal, credit card (MasterCard, Visa, AMEX) and instant bank transfer. DIBBERN does not charge additional fees for any of the aforementioned payment methods.
The data entered by the customer for the purpose of payment is transmitted to the payment service provider in encrypted form. After verification, the payment service provider initiates the debit via the selected payment method.
Delivery times and availability
The goods will be dispatched immediately after the order has been completed and the payment details have been approved. If no or no deviating delivery time is specified for the respective goods in our DIBBERN online store, the delivery time is usually 2-4 working days. We only ship within the EU.
Customer service
In the event of problems or discrepancies, we always endeavor to find a solution in the interests of our customers. Our dedicated customer service team will be happy to help and advise you. You can reach our customer service team by e-mail or telephone (Monday to Thursday from 8:00 - 16:30 CET, Friday from 8:00 to 14:30 CET):
By e-mail: shop@dibbern.de
By telephone: +49 (0) 40 303 77 68-68
You can also use our contact form to tell us about your concerns.
Right of withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen (14) days without giving any reason
.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or, in the event that your order is delivered in installments, from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise the right to cancel, you must inform us
DIBBERN GmbH, - Online-Shop
Heinrich-Hertz-Straße 1,
22941 Bargteheide,
Tel.: +49 40 303 77 68-68,
Email : shop@dibbern.de
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any event not later than fourteen (14) days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We shall bear the costs of returning the goods. You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on the right of withdrawal
Sample withdrawal form
If you wish to withdraw from the contract, please send us a declaration of withdrawal with the following content digitally or by post to:
An
DIBBERN GmbH
Heinrich-Hertz-Straße 1
22941 Bargteheide
Tel.+49 40 303 77 68-68
E-Mail: shop@dibbern.de:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
§ 1 Scope of application
(1) These general terms and conditions apply to the "DIBBERN Online Shop". This online store is operated by
Managing Director: Jan Dibbern - Ben Dibbern,
Heinrich-Hertz-Straße 1,
22941 Bargteheide,
Tel.: +49 40 303 77 68-68,
E-Mail: shop@dibbern.de,
(hereinafter: DIBBERN).
The store is aimed at end consumers. The contractual partner for all purchase contracts via the "DIBBERN Online Shop" is DIBBERN.
(2) In the event that you are an entrepreneur, deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if you are aware of them, unless their validity is expressly agreed to in writing. In particular, a prohibition of assignment or a restriction of assignment in the general terms and conditions of business of entrepreneurs is expressly contradicted. These terms and conditions of delivery also apply if DIBBERN carries out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions.
(3) The sale and dispatch of DIBBERN products takes place exclusively within the EU.
§ 2 Conclusion of the contract
(1) If a customer goes to the shopping cart by clicking on the correspondingly named button "GO TO CHECKOUT" and clicks on the button "ORDER WITH OBLIGATION TO PAY" at the end of the online order form, the customer submits a legally binding offer to conclude a purchase contract for the items placed in the shopping cart by the customer. DIBBERN then sends an e-mail confirming receipt of the contractual declaration and listing its details (order confirmation). This order confirmation does not constitute acceptance of the customer's offer. Acceptance by DIBBERN takes place after checking the order by dispatching the ordered goods.(2) The information provided by DIBBERN in or via the DIBBERN online store - such as descriptions, illustrations, quality, quantity, weight, dimension or performance specifications - are only intended to determine the goods, are only approximate and do not constitute quality specifications, unless they are expressly designated as binding in writing. The quality, suitability, qualification and function as well as the intended use of the goods shall be determined exclusively in accordance with the information and technical qualifications expressly designated as such.
(3) There may be product range and price deviations between the DIBBERN online store and the offer at DIBBERN retailers.
§ 3 Prices and shipping costs
(1) The delivery is based on the prices stated in the "DIBBERN Online Shop". All prices are end consumer prices and include the applicable statutory value added tax and are exclusive of any shipping costs incurred.(2) If the order value is EUR 100.00 or more, delivery is free of charge for the customer. If the value of an order is less than EUR 100.00, the customer will be charged a flat-rate shipping fee as specified in the "DIBBERN Online Shop".
§ 4 Delivery periods and availability
(1) The availability and delivery times of the products can be found on the product pages in the DIBBERN online store. If, despite careful examination, a sufficient number of the selected product is not available at the time of the customer's order, DIBBERN will inform the customer immediately.(2) DIBBERN reserves the right to make partial deliveries for justified reasons, unless the partial delivery is unreasonable for the customer
.
§ 5 Payment options, due date, default
DIBBERN accepts payments in the DIBBERN online store in accordance with the payment options listed above under A.§ 6 Transfer of risk
(1) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the purchaser upon handover of the goods.(2) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser upon handover, in the case of sales shipment upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
§ 7 Retention of title
The delivered goods remain the property of DIBBERN until full payment has been made.
§ 8 Right of withdrawal
1) If the customer is a consumer, he has the right to withdraw from the contract within fourteen (14) days without giving reasons, as explained in more detail under A. above.(2) If the customer withdraws from the contract, all related payments received by DIBBERN from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by DIBBERN), will be refunded immediately and at the latest within fourteen (14) days from the day on which the notification of the customer's withdrawal is received. The same means of payment used by the customer in the original transaction will be used for the repayment, unless expressly agreed otherwise with the customer; DIBBERN will in no case charge the customer for the repayment. DIBBERN may refuse repayment until DIBBERN has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods to DIBBERN immediately and in any case within fourteen (14) days at the latest from the day on which he informs DIBBERN of the revocation of the contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen (14) days. DIBBERN bears the costs of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary for checking the nature, properties and functioning of the goods.
§ 9 Warranty for material defects and guarantee
(1) The customer is entitled to the statutory warranty rights in the event of a defect.
(2) We ask the customer to notify the transport person or DIBBERN immediately upon delivery of the goods of any material defects detected, such as obvious transport damage. Failure to give notice of defects has no effect on the customer's legal claims, unless the purchase is a commercial transaction for both parties and the customer is therefore obliged to give notice of defects in accordance with § 377 HGB (German Commercial Code). With the immediate complaint, the customer enables DIBBERN to assert its own claims against the transport person or the transport insurance.
(3) An additional guarantee on the part of DIBBERN only exists for the goods delivered by DIBBERN if this is expressly stated with the respective article.
(4) If the customer is an entrepreneur, he must notify DIBBERN in writing of obvious defects within a period of two weeks from becoming aware of the defect; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to DIBBERN immediately after their discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
(5) If the customer is an entrepreneur, DIBBERN initially provides warranty for defects in the goods at its own discretion by repair or replacement. If an entrepreneur chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.
(1) DIBBERN is liable without limitation for damages resulting from negligent or intentional injury to life, body or health, for damages caused by fraudulently concealed defects and for damages caused by the absence of a guaranteed quality as well as for any damages caused by gross negligence or intent. Furthermore, DIBBERN is liable without limitation according to the Product Liability Act.
(2) In the event of property damage and financial loss caused by slight negligence on the part of DIBBERN or legal representatives or vicarious agents of DIBBERN, DIBBERN is only liable in the event of a breach of essential contractual obligations and limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties may regularly rely (cardinal obligation). This does not imply a change in the burden of proof to your disadvantage. Liability is otherwise excluded.
§ 11 Miscellaneous, applicable law, place of jurisdiction
(1) Should any provision of this contract be or become invalid in whole or in part, the invalidity of this provision shall not affect the validity of the remaining provisions of this contract. The same applies to any loopholes in this contract.(2) The legal relationship between the customer and DIBBERN is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer and has his habitual residence in another EU member state, the applicability of the mandatory legal provisions for the protection of consumers in this member state remains unaffected.
(3) The European Commission provides a platform for online dispute resolution (ODR). This is available at https://ec.europa.eu/consumers/odr/. DIBBERN is not obliged to participate in the ODR procedure or a dispute resolution procedure before a consumer arbitration board and is generally not prepared to do so.
(4) If the customer is a merchant, the place of jurisdiction is Hamburg.
Hamburg, March 08, 2024