General Terms and Conditions
Application of the conditions
For all services between Mr. Dirk Hofmeister Bachstr.1 78247 Hilzingen below Dirk Hofmeister and the customer apply exclusively the following terms and conditions in the version in force at the time of ordering.
These shall be deemed to be exclusively agreed upon by placing orders or accepting the services or delivery.
Supplementary or deviating terms and conditions of the customer or customer shall only apply to the extent that I expressly declare my consent to them in writing.
Offers of any kind are always subject to change and non-binding, unless they are expressly and in writing designated as festive offers by Dirk Hofmeister. All orders shall not be accepted as binding until they are confirmed in writing or by delivery with invoicing.
Prices / Payment
For the end user, the prices are calculated at the prices valid on the day of the order, unless otherwise agreed. The prices quoted in the respective offers as well as the stated prices are final prices. All prices in Euro (€). Including freight and packaging costs.
All offers contained in my publications (Internet, printed parts and other advertising materials) are also subject to change and non-binding with regard to the price information.
Shipping and delivery
Shipping takes place only after full payment has been received. The shipping method and the carrier are determined by Dirk Hofmeister. There is no minimum order value.
For shipments outside Germany, the shipping costs, regardless of the value of the goods, are notified to the customer upon request. Here, too, the costs depend on weight and destination country.
Dirk Hofmeister always strives to meet specified delivery dates. However, these are always non-binding.
Payment is made by prepayment to Dirk Hofmeister’s account
For contract work and work that is manufactured according to customer specifications, a down payment of at least . 50 of the agreed total amount by prepayment. The remaining amount will be due before delivery. Dirk Hofmeister’s invoices are due immediately without deduction if the invoice does not specify another payment date. A payment is only deemed to have been made if the receivable amount has been credited to Dirk Hofmeister’s bank account. In the event of a delay in payment, Dirk Hofmeister is entitled to demand interest in the amount of 5 percentage points above the base interest rate for consumer transactions or 8 percentage points above the base interest rate for commercial transactions without further proof as default interest. The assertion of further damage caused by delay remains unaffected. This includes in particular the costs incurred as a result of late acceptance or return debits. All payments are generally credited to Dirk Hofmeister’s oldest claim against the buyer. If costs have already been incurred as a result of recovery and/or interest, the payment is initially credited to this and finally to the main claim.
Set-off and right of retention
The customer is only entitled to set-off if the counterclaim is undisputed, legally established or recognised by the provider.
The customer can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
Warranty and Liability
The customer is obligatory to audit and investigate. Dirk Hofmeister is not liable for damages caused by goods passed on without check, nor for the suitability of the delivered goods for the purpose envisaged by the customer.
a. The legal regulations apply. In the case of new goods, the warranty period is 2 years from delivery of the goods. However, this warranty period is not applicable, as Dirk Hofmeister’s products are not declared as new products. See point B..
B. In the case of used goods, the warranty period is one year from the delivery of the goods, as opposed to the statutory provisions. The one-year warranty period does not apply to damages attributable to Dirk Hofmeister as culpable damages resulting from injury to life, body or health and grossly negligent or intentionally caused damage or malice of the provider, as well as in the case of Claims for recourse pursuant to Sections 478, 479 of the German Civil Code (BGB).
c. In the event of defects, Dirk Hofmeister shall, at his option, provide warranty by repair or replacement delivery. If the rectification of the defect fails twice, the customer may, at his option, demand a reduction or withdraw from the contract. In the event of rectification, Dirk Hofmeister does not have to bear the costs incurred by moving the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d. Only Dirk Hofmeister’s own information and the manufacturer’s product description are deemed to be agreed as the nature of the goods, but not other advertising, public advertisements and statements by the manufacturer.
e. Insofar as the customer is an entrepreneur, the following applies by way of derogation from No.a:
Aa. The customer is obligated to inspect the goods immediately and with due care for quality and quantity deviations and to notify the supplier of obvious defects in writing within 7 days of receipt of the goods. Dispatch. This also applies to hidden defects subsequently found from discovery. In the event of a breach of the obligation to investigate and complain, the assertion of warranty claims is excluded.
When ordering (knives, blacks and axes), Dirk Hofmeister needs a certified proof of age. A levy on persons under 18 years of age is prohibited.
For all goods manufactured according to the customer’s wishes, a consultation must always be held. Basically, a drawing, or similar . Necessary. Also, the agreement of the material to be used must always be made. The contract work is only started after the design and material have been confirmed by the client. Changes in production will only be carried out with the consent of the customer. Photos of the commissioned works may be produced and distributed for advertising purposes. Also, the contract work is not subject to production exclusivity, which means that the work can be manufactured in the concrete or modified form for other customers. Dirk Hofmeister reserves the right to charge a down payment of 50 on the agreed production price for contract work.
Production-related deviations from templates, drawings, stencils, etc. to the usual extent are excluded from the warranty. Changes in manufacturing technology will only be carried out with the consent of the client.
Return cost agreement, right of withdrawal and exclusion of the right of withdrawal
a. Agreement on the cost-bearing:
If you exercise your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to the ordered goods.
b. Revocation instruction
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilling our obligation to provide information in accordance with Article 246 (2) in conjunction with Section 1 para. 1 and 2 EGBGB, as well as our obligations pursuant to Section 312g Para. 1 P.1 BGB in conjunction with Article 246 Section 3 of the German Civil Code (EGBGB).
In order to comply with the withdrawal period, it is sufficient to send the revocation or the item in good time.
The revocation must be addressed to:
Dirk HofmeisterBachstr.178247 Hilzingen
c. Consequences of withdrawal:
In the event of an effective revocation, the services received by both parties must be returned and any benefits drawn (e.g. interest) must be surrendered. If you are unable to return or return the received service and uses (e.g. benefits of use) or only in a deteriorated condition, you must compensate us for the value. For the deterioration of the item and for drawn uses, you only have to pay compensation for value insofar as the uses or the deterioration are due to a handling of the item that goes beyond the examination of the properties and the functioning. “Testing the properties and functionality” means testing and testing the respective goods, as is possible and common in the shop, for example. Items that can be shipped by parcel must be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered. Items that cannot be shipped in a package will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration or the item, for me with its receipt.
d. Exclusion of the right of withdrawal:
The right of withdrawal does not exist in the case of contracts.
– for the delivery of goods manufactured to customer specification, or
– are clearly tailored to personal needs, or
– which, by their nature, are not suitable for return
and in all other cases provided for by law.
Until all claims that I are entitled to against the buyer for any legal reason, now or in the future, I reserve the title to the delivered goods.
the buyer may not freely dispose of goods subject to retention of title. In the event of access by third parties , in particular bailiffs, to the goods subject to retention of title, the buyer is expressly obliged to point out my property and to inform me immediately.
Costs and damages shall be borne by the buyer. In particular, in the event of a delay in payment or other conduct of the buyer contrary to the contract, I am entitled to take back the goods delivered subject to reservation at the expense of the buyer.
Place of performance, place of jurisdiction and applicable law
The place of performance and place of jurisdiction for both parties is Singing, provided that this can be effectively agreed between the parties. Without prejudice to this, Dirk Hofmeister remains entitled to bring the action or initiate other legal proceedings at the general place of jurisdiction of the customer. German law applies exclusively to all business relationships.
Contract changes and divisional effectiveness
Additional or deviating agreements require written form by means of confirmation by Dirk Hofmeister and thus become part of the contract.
The validity of the remaining provisions shall not be affected by the invalidity of one or more provisions of these General Terms and Conditions. In the event of the nullity of individual provisions, the parties are obliged to take their place of such a provision which comes closest to the one originally presented with retroactive force.
I inform them that the data you transmit in the course of the business process will be processed and stored with the help of a computer system. Personal data will of course always be treated confidentially.
Collection, processing and use of personal data
I collect personal data (individual information about the personal or factual circumstances of an identified or identifiable natural person) only to the extent that you provide.
The processing and use of your personal data takes place for the fulfilment and processing of the contractually agreed services as well as for the processing of your enquiries.
After complete contract processing, the data will first be stored taking into account tax and commercial retention periods and then deleted after expiry of the deadline, unless you have consented to further processing and use.
a. Disclosure of personal data
I will not share your personal data with third parties. Excluded from this are only my service partners, which I need to process the contractual relationship. In these cases, I strictly observe the requirements of the Federal Data Protection Act. The scope of the data transmission is limited to a minimum.
b. Information, rectification, blocking and deletion of data
You have the right to free information about your stored data as well as the right to rectification, deletion or blocking at any time. Contact Dirk Hofmeister . Contact details can be found in the imprint.