Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Kevin Müller) via the website https://chincheckgermany.com/. Unless otherwise agreed, the inclusion of your own conditions that might be used by you is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise 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 the respective product is posted on our website, we submit a binding offer to you 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 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 clicking the "Checkout" or "Continue to order" button (or 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 use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be led to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the option to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order. By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via e-mail, partially automated. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You explicitly indemnify us against all claims of third parties asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Special arrangements regarding offered payment methods
(1) Payment via Klarna In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case: Sofort transfer ("Pay Now") Further information on Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) SEPA Direct Debit When paying by SEPA Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 1-3 days after conclusion of the contract.
The period for the transmission of the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the incurred bank fee.
(3) Payment via "PayPal" / "PayPal Checkout" If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment processing takes place via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to this, you will be informed of this separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Mollie" If a payment method is selected that is offered via "Mollie", the payment processing takes place via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment conditions apply to this, you will be informed of this separately. Further information on "Mollie" can be found at https://www.mollie.com/en.
(5) Payment via "Stripe" If a payment method is selected that is offered via "Stripe", the payment processing takes place via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply to this, you will be informed of this separately. Further information on "Stripe" can be found at https://stripe.com/en.
§ 5 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) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination 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.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 6 Warranty
(1) The statutory rights of liability for defects exist.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by rectification or replacement delivery. If the rectification of the defect fails, you can demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else results in particular from the nature of the goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the movement does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
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for damages culpably caused by us attributable to injury to life, body or health and for other damages caused intentionally or by gross negligence;
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insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
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for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;
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for statutory recourse claims that you have against us in connection with rights regarding defects.
§ 7 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
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Identity of the seller
Kevin Müller Zwischen den Wegen 34 89081 Ulm Germany Phone: +491520267172 E-Mail: info@chincheckgermany.com
Alternative dispute resolution: The European Commission provides a platform for online out-of-court dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
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Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
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Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
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Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
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Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery is promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may apply, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Incurred costs of money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly 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 payment immediately.
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Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly 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 only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
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Statutory liability for defects rights
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
These GTC and customer information were created by the lawyers of Händlerbund specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 22.10.2024