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General Business Terms

Attention:
This is an English translation of the original German version of the General Terms and Conditions of the DIBBERN onlineShop which can be viewed and downloaded at www.dibbern-hamburg.de. The translation serves solely for your information and is not legally binding.
                   Please note that only the German version is legally binding!

 

Content

A. Information prior distance selling contracts                   
B. Information regarding the electronic conclusion of agreements       
C. General terms of sale and delivery of the DIBBERN OnlineShop           


A.    Information prior distance selling contracts

Contracting party
Your contracting party for all sales contracts which are concluded via the website of the “DIBBERN OnlineShop” is

DIBBERN GmbH,
Amtsgericht Lübeck, HR B 8558 HL,
Managing director: Bernd T. Dibbern • Jan Dibbern • Ben Dibbern,
Heinrich-Hertz-Straße 1,
22941 Bargteheide,
Tel.: +49 40 303 77 68-68,
Fax: +49 4532 2851-50,
E-Mail: shop@dibbern-hamburg.de,
www.dibbern.de.
(hereinafter: DIBBERN)


Conclusion of the agreement
Your order via the order form of the “DIBBERN OnlineShop” represents an offer to us for the conclusion of a purchase agreement. We will then forward you an e-mail confirming the receipt of the order and listing its details (confirmation of order). Due to this confirmation of the order a purchase agreement is not yet concluded, the confirmation e-mail serves solely for your information and verification. After the verification of your order by DIBBERN your offer will be accepted on the part of DIBBERN by a separate e-mail or upon the shipment of the ordered good(s).

Product descriptions
The “DIBBERN OnlineShop” offers exclusively products from the “DIBBERN” brand. You can obtain comprehensive product information and the essential features of the goods from the respective descriptions on the pages onlineshop at www.dibbern.de. The products presented on the website may vary in detail regarding colour and overall appearance from the actual products.

Prices and shipping costs
You order is made on the basis of the prices specified in the “DIBBERN OnlineShop”. All prices are end-consumer prices including value-added tax (VAT). We only deliver within Germany. If your order has a value of EUR 100.00 or more, we will deliver the goods to you without any additional shipping costs. If the order value is under EUR 100.00, we charge a flat rate for shipping.

Type of payment
Orders can be paid by credit card (MasterCard, Visa), by instant direct debit (“Sofortüberweisung”), by PayPal and by direct debit scheme. DIBBERN will not add any additional fees for any of the listed types of payment. In the case of payment by direct debit scheme the amount of the order is limited to EUR 500.00 and shipment does not begin until the payment is received by DIBBERN (also see below: Delivery time and availability).

Delivery time and availability
The goods will be shipped immediately after the conclusion of your order and after the verification of your order and payment details if paying by credit card, “instant direct debit” (“Sofortüberweisung”) and PayPal. The delivery time will be 2-4 working days. In case of a payment by regular direct debit the goods will be shipped only after full payment and shipping will therefore need approx. 8 working days. We only ship within the EU.

Information on the right of withdrawal

right of withdrawal

You have the right to withdraw from the contract within fourteen days without having to justify the withdrawal.

The withdrawal period is fourteen days from the day on you or a nominated third party, who is not the carrier, acquires the material possession of each the goods ordered.
To exercise your right of withdrawal you have to inform us

DIBBERN GmbH,
- Onlineshop -
Heinrich-Hertz-Straße 1,
22941 Bargteheide,
Tel.: +49 40 303 77 68-68,
Fax: +49 4532 2851-50
Email: shop@dibbern-hamburg.de

by a clear declaration (e.g. letter, electronic mail, fax) about your decision to withdraw the contract. For this purpose, you may also use the attached model withdrawal form which, however, is not required by law.

To observe the withdrawal period it is sufficient to send out the notification about you exercising your right of withdrawal before the withdrawal period ends.  

Consequences of withdrawal

If you withdraw from this contract, we have to refund immediately all payments we have received from you including the shipping costs (with the exception of additional costs occurred due to a different kind of shipping which has been chosen by you other than our standard least expensive shipping) latest within fourteen days from the date we have received your notice of withdrawal. We will use the same payment you used in the original transaction for the refund of your payment, unless we have specifically agreed differently; in any case we shall not charge any fees for the refund. We may retain return of the payment until we have received all goods or you have supplied evidence of having sent back the goods, whichever is the earliest.

You have to return the goods immediately, latest within fourteen days from the date you have given notice of your withdrawal from the contract. The deadline shall be observed if the goods have been sent before expiration of the fourteen days deadline.

We shall bear the costs for the return shipment. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, attributes and functioning of the goods.

End of the information on the right of withdrawal

 

Model withdrawal form(complete and return this form only if you wish to withdraw from the contract)

To DIBBERN GmbH, Heinrich-Hertz-Straße 1, 22941 Bargteheide, Tel. : +49 40 303 77 68-68, Fax: +49 4532 2851-50, E-Mail: shop@dibbern-hamburg.de

- I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the
following goods*/provision of the following service*



- Ordered on*/received on*    __________________________________________
- Name of consumer(s)    _________________________________________
- Address of consumer(s)    _________________________________________
- Signature of consumer(s)
(only if this form is notified in writing)    _____________________________________
- Date    __________________________________________

_____________________
*Delete as appropriate.

 

 


B.    Information regarding the electronic conclusion of agreements

Following the order and conclusion of agreement, we save all contractual information. You may view the general information and general terms of business on the pages of the “DIBBERN OnlineShop” at any time. Prior to ordering, you have the opportunity to verify information specified and correct it as needed. You may find and verify all details of your order once more in an electronic order confirmation (e-mail). We will inform you as soon as we have accepted your offer and that we will ship the product(s) to you by means of an extra e-mail. Otherwise, we will accept the sales contract by shipping the product(s) to you.

Any agreement with DIBBERN can only be concluded in German. However, we also provide a non-binding version of our terms of business and the privacy statement in English. Only the currently applicable version of the general terms of sale and delivery will be accessible at www.dibbern.de.

 


C.     General terms of sale and delivery of the DIBBERN OnlineShop

§ 1     Scope of the general terms

(1) These general terms of business apply to the “DIBBERN OnlineShop”. This Internet shop is operated by

DIBBERN GmbH,
Amtsgericht Lübeck, HR B 8558 HL,
Managing Director: Bernd T. Dibbern • Jan Dibbern • Ben Dibbern,
Heinrich-Hertz-Straße 1,
22941 Bargteheide,
Tel.: +49 40 303 77 68-68,
Fax: +49 4532 2851-50,
E-Mail: shop@dibbern-hamburg.de,
www.dibbern.de,
(hereinafter: DIBBERN)

The shop is directed at consumers. The contracting party for all purchase agreement via the “DIBBERN OnlineShop” is DIBBERN.
(2) Divergent, contradictory or supplemental general terms of business do not, even if known to DIBBERN, become a contractual constituent unless their validity is expressly agreed to in writing. In particular, a prohibition on the assignment of claims or restriction on the assignment of claims in the general terms of business by entrepreneurs is expressly denied. These terms of delivery also apply if DIBBERN performs delivery to the customer without reservation while being aware of the contradictory delivery terms or those divergent from these delivery terms.
(3) The DIBBERN OnlineShop exclusively ships DIBBERN products within the EU.
(4) A consumer as defined by the terms of business constitutes each individual, who concludes a legal transaction  with a purpose, which predominantly cannot be attributed to either his/her commercial nor his/her independent professional activity (§ 13 BGB [German Civil Code]). Entrepreneur as defined by the terms of business constitutes an individual or legal entity or a partnership/& Co. with legal capacity, who/which performs a commercial or independent professional activity (§14 BGB) in concluding a legal transaction with us. A customer as defined by the terms of business constitutes both a consumer and an entrepreneur.

§ 2     Conclusion of the agreement

(1) The order of a customer via the order form of the “DIBBERN OnlineShop” represents an offer for the conclusion of a purchase agreement with DIBBERN. DIBBERN then forwards an e-mail confirming the receipt of the contractual offer and its details (confirmation of order). This order confirmation does not represent any acceptance of the offer on the part of the customer. The acceptance on the part of DIBBERN will be given following verification of the order in a separate e-mail to the customer or upon shipment of the product(s) ordered.
(2) The specifications provided by DIBBERN on the DIBBERN website www.dibbern.de, the DIBBERN online shop or the DIBBERN WunschlistenShop - such as descriptions, images, quality, quantity, weight, measurement or performance details - serve only to designate the product(s), are only of an approximate nature and do not constitute information concerning the composition to the extent that this information is not expressly given as binding in written form. The composition, suitability, quality and function as well as the intended purpose of the goods is determined exclusively in accordance with the specifications identified as such and other given technical qualifications. Public statements, promotions or advertising by DIBBERN or third parties does not represent information concerning the composition of the good(s).
(3) Differences in the assortment and prices may occur among the DIBBERN online shop, the DIBBERN WunschlistenShop and the offer from individual DIBBERN vendors.

§ 3     Prices and shipping costs

(1) All products will be delivered on the basis of the prices specified in the “DIBBERN OnlineShop”. All prices are end-consumer prices and include the Value-Added Tax (VAT). Errors in specification are reserved.
(2) DIBBERN ships only within Germany. If the order has a value of EUR 100.00 or more DIBBERN will deliver goods to the customer without any additional shipping costs. If the order value is below EUR 100.00, a flat rate for shipping is being charged.

§ 4     Delivery times and availability

(1) The product is shipped only after the customer data has been verified and approved. Orders paid by direct debit will only be shipped within approx. 8 working days.
(2) DIBBERN reserves the right to conduct partial deliveries for a good reason unless such a partial delivery is unreasonable for the customer.

§ 5     Methods of payment, due date for payment, default

(1) DIBBERN accepts payment by credit cards (MasterCard, Visa), PayPal, instant direct debit (“Sofortüberweisung”) and by regular direct debit. A payment by direct debit is only possible with a bank account at a domestic bank seated in Germany.
(2) All data entered in the payment form will be encrypted and securely transferred to DIBBERN. Following verification, DIBBERN charges the payment amount via the credit card provider specified or the bank specified.
(3) Payments by credit card, instant and regular direct debit are due immediately and without deduction after placing the order.
(4) 30 days following the due date and receipt of the invoice, the customer automatically enters into a state of default. Earlier entry into a state of default as envisioned by law remains unaffected. The default interest amounts for consumers to 5% above the respective prime rate and for entrepreneurs to 8% above the respective prime rate. DIBBERN reserves the right, if applicable, to demonstrate further damages caused by the state of default and to assert them.
(5) Furthermore, DIBBERN charges a fee of 12.00 EUR incl. VAT for denied direct debits unless the customer is not responsible for the return of the direct debit or substantiates that DIBBERN had significantly lower expenses or none at all for processing the respective return direct debit.

§ 6     Transfer of risk

(1) If the customer is a consumer the risk of incidental destruction and deterioration of the purchased goods will be transferred to the customer upon delivery of the goods.
(2) If the customer is an entrepreneur, the risk of the incidental destruction and deterioration of the good will be transferred to the customer with the handover of the goods, in the event that it is agreed that the goods are to be delivered, with the hand over of the goods to the carrier, forwarder or any other person or entity assigned to carry out shipments. The same consequences arise if the buyer is in default in accepting the delivery.


§ 7     Retention of title

 In the event of agreements with entrepreneurs, we reserve the title in the product(s) up to full satisfaction of all accounts receivable arising from the current business relationship with the respective entrepreneur.

§ 8     Right of withdrawal

(1) The Customer has a right to withdraw from the contract within fourteen days without having to justify the withdrawal. The withdrawal period is fourteen days from the day on the customer or a nominated third party, who is not the carrier, acquires the material possession of the goods ordered. To exercise the right of withdrawal the customer has to inform DIBBERN by a clear declaration (e.g. letter, electronic mail, telefax) about the decision to withdraw the contract. For this purpose, the customer may also use the provided model withdrawal form which, however, is not required by law. To observe the withdrawal period it is sufficient to send out the notification about you exercising the right of withdrawal before the withdrawal period ends.  

(2) If the Customer withdraws from the contract, DIBBERN shall refund immediately all payments received including the shipping costs (with the exception of additional costs occurred due to a different kind of shipping which has been chosen by the Customer other than DIBBERN’s standard least expensive shipping) latest within fourteen days from the date DIBBERN has received the notice of withdrawal of the Customer. DIBBERN shall use the same payment the Customer used in the original transaction for the refund of the payment, unless it has been specifically agreed differently between DIBBERN and the Customer; in any case DIBBERN shall not charge any fees for the refund. DIBBERN may retain return of the payment until DIBBERN has received all goods or the Customer has supplied evidence of having sent back the goods, whichever is the earliest. The Customer has to return the goods immediately, latest within fourteen days from the date the Customer has given notice of the withdrawal from the contract. The deadline shall be observed if the goods have been sent before expiration of the fourteen days deadline. DIBBERN shall bear the costs for the return shipment. The Customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, attributes and functioning of the goods.


§ 9     Manufacturer Guarantee

Information regarding any manufacturer guarantees is to be obtained from the product information included with the product(s) ordered. DIBBERN does not assume any guarantee other than issued to the customer separately in writing.

§ 10     Warranty

(1) The Customer has warranty rights by law. If the buyer is a consumer, then he/she has the choice as to whether subsequent fulfilment by means of rectification of defects or a replacement delivery is to be effected by DIBBERN. DIBBERN is, however, entitled to refrain from the selected type of subsequent fulfilment if this is only possible in conjunction with disproportionate costs and the other type of subsequent fulfilment does not pose unreasonable disadvantages to the customer. If the subsequent fulfilment fails, then the user may, in general, demand a reduction of the purchase price (deduction) or reversal of the agreement (rescission) as he/she sees fit.    
(2) Entrepreneurs must report apparent defects to DIBBERN in writing within a period of two weeks after having become aware of the defect; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to DIBBERN immediately after being identified. Prompt forwarding suffices for satisfying the deadline. The burden of proof falls on the entrepreneur for all claim prerequisites, in particular for the defect itself, for the time the defect is identified and the timeliness of the notice of defect.
(3) If the buyer is an entrepreneur, DIBBERN will provide warranty for defects in the good(s) as it sees fit by means of rectifying defects or a replacement delivery. If an entrepreneur decides to withdraw from the agreement due to a legal or material defect following failure in rectifying said defect, then the entrepreneur is as such not entitled to a claim to compensation based on the defect.

§ 11     Limitation of liability

(1) DIBBERN is liable in the event of intent or gross negligence on its own part, by its representatives or vicarious agents pursuant to the law. Otherwise, DIBBERN is only liable pursuant to the Produkthaftungsgesetz [Product Liability Act] for damages, which have incurred due to deficiency in the composition guaranteed, due to injury to life, limb and health, due to malice or culpable breach of significant contractual obligations. A contractual obligation is significant if the proper execution of the agreement is only enabled by means of fulfilling this obligation and on whose performance the contracting partners may rely on. The claim to compensation for the breach of significant contractual obligations is limited to damages, which are usually reasonably foreseeable at the time of concluding the agreement.
(2) The provision of the above paragraph 1 comprises the compensation for damages of the goods and due to the non-performance of the goods, regardless on what legal grounds, in particular due to defects, the breach of obligations based on culpable conduct or prohibited conduct. It also applies to compensation for wasted expenditure.


§ 12     Miscellaneous, applicable law, court of jurisdiction

(1) Should a provision of this agreement prove to be or become invalid in full or in part, then the validity of all remaining provisions of this agreement shall not be affected by the invalidity of said provision. The same applies to any omissions in the agreement.

(2) The legal relationship between the customer and DIBBERN is subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) If the customer is an entrepreneur, then Hamburg shall be agreed as the court of jurisdiction.

(Hamburg, November 02, 2016)