I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you enter into with us, (Vadim Sorokin) , as a supplier, via the website https://calorique.info/shopw/ . Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A “consumer”, as defined in the following regulations, refers to every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either their commercial or independent professional activities. The term “businessman” refers to every natural person, legal person, or legally responsible partnership that concludes a legal transaction in pursuance of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods. .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are added to the "shopping cart." You can access the "shopping cart" and make changes at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or a similar designation) and entering your personal data, as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, Giropay) as the payment method, you will be either directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the instant payment system provider's website or after being redirected to our online shop.
Before submitting the order, you have the option to review the details in the order overview, make changes (using the "back" function of the internet browser), or cancel the order.
By sending the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with obligation to pay," "pay" / "pay now," or a similar designation), you declare your acceptance of the offer in a legally binding manner, thus concluding the contract.
(4) Your requests for a quotation are non-binding. We will provide you with a binding offer in written form (e.g., via email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The order processing and the transmission of all information required for the contract conclusion will be conducted via email, in some cases automatically. Therefore, it is your responsibility to ensure that the email address you have provided is correct, that you can receive emails technically and that they are not blocked by SPAM filters.
§ 3 Right of Retention, Retention of Title, Eigentumsvorbehalt
(1) You can only exercise a right of retention in relation to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the current business relationship have been fully settled. Pledging or using the reserved goods as collateral is not permitted before ownership of the reserved goods is transferred.
b) You are permitted to resell the goods in the ordinary course of business. In this case, you assign to us all claims arising from the resale up to the amount of the invoice value and we accept the assignment. You are also authorized to collect the assigned claims. However, if you fail to fulfill your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods compared to the value of the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights applicable.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed upon if you were informed by us of the deviation before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are an entrepreneur, the following deviations apply to the above warranty provisions:
a) Only our own information and the manufacturer's product description are considered agreed upon as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we will provide a warranty, at our discretion, through rectification or subsequent delivery. If rectification of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is considered to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect or other circumstances indicate otherwise. In the case of rectification, we are not required to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortened deadline does not apply in the following cases:
- Willfully caused damage attributable to us resulting from injury to life, limb or health and other damages caused intentionally or through gross negligence.
- If we have fraudulently concealed the defect or have provided a guarantee for the condition of the item.
- For items that have been used for construction purposes in accordance with their normal use and have caused their defectiveness.
- In the case of statutory rights of recourse that you have against us in connection with warranty rights.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the Seller
Alternative Dispute Resolution:
The European Commission provides an online platform for out-of-court dispute resolution (Online Dispute Resolution platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the actual conclusion of the contract and the options for correcting errors are carried out in accordance with the provisions outlined in the "Conclusion of the Contract" section of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German. .
3.2. We do not store the full text of the contract. Before submitting the order through the online shopping cart system, you can print out or electronically save the contract data using the print function of your browser. After receiving the order, we will send you the order data, the information required by law for distance contracts and the general terms and conditions via email.
3.3. If you request an offer outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, such as via email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and Terms of Payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be viewed by clicking on the designated button on our website or in the respective offer. They are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which you must bear.
5.4. You are responsible for the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.
5.5. The available payment methods are indicated by the designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.
6. Terms of Delivery
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found by clicking on the designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not specified by the seller or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment are at your own risk.
7. Statutory Liability for Defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by lawyers specializing in IT law at Händlerbund, and they are constantly reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in case of warnings. You can find more information about this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last update: 29.11.2022