General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
- Alternative dispute resolution
1.1These General Terms and Conditions (hereinafter referred to as «GTC») of RadarService (hereinafter referred to as «Seller») apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as «Customer») concludes with the Seller regarding the goods presented by the Seller in his online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2The Customer may submit the Offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail or online contact form.
2.3The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer’s order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4If the payment method «Amazon Payments» is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: «Amazon»), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects «Amazon Payments» as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.5When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7The German and English languages are available for the conclusion of the contract.
2.8Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1Consumers are generally entitled to a right of withdrawal.
3.2More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.4If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: «PayPal»), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall apply to the return costs.
5.3In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s registered office by arrangement with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory period of limitation. However, the reduction of the liability period to one year does not apply
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer’s place of business.
10) Alternative dispute resolution
10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a c