Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
- 1 Basic provisions
(1) These General Terms and Conditions (GTC) apply to orders from consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) via the online shop www.dextro-energy.com (hereinafter “ Shop ”). The operator of the shop and therefore the seller is Dextro Energy GmbH & Co. KG (hereinafter “ Provider ”).
(3) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent 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. Entrepreneurs and consumers are referred to as “customers” to the extent that uniform regulations apply to them below.
- 2 Conclusion of the contract
(1) The contract is concluded with the provider.
(2) The presentation of the goods in the shop and the granting of the opportunity to order do not constitute a binding offer from the provider. Only the order represents an offer to us to conclude a purchase contract.
(3) The customer can place the desired products in the “shopping cart” and then go to “checkout” using the corresponding button. Before submitting your order declaration, all data is displayed on an order overview. Here the customer can identify and change input errors.
(4) By clicking on the “Order now with payment” button, the customer submits a binding contractual declaration by which he accepts the provider’s offer and agrees to the general terms and conditions.
If the customer places an order in this way, the provider will send an email to the email address provided confirming receipt of the order and listing its details (order confirmation). This order confirmation does not constitute acceptance of the offer, but only informs you that the order has been received by the provider. A purchase contract with the provider is only concluded when the ordered product is shipped to the customer and the shipment is confirmed in a second email (order confirmation).
(5) The contract language is German.
(6) The contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer on a durable medium (e-mail or paper printout) either when the order confirmation is transmitted, but at the latest upon delivery of the goods.
- 3 Prices, shipping costs and delivery conditions
(1) The prices stated in the online shop include statutory VAT and other price components. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the ordered goods and are shown as part of the ordering process and before the binding offer is submitted. The details can be found under Payment Methods & Shipping . The regulations regarding shipping costs in the event of exercising a right of withdrawal can be found here .
(2) The provider only bears the shipping risk if the customer is a consumer.
(3) Delivery is only possible within the Federal Republic of Germany.
(4) Delivery to packing stations is possible within Germany. A pickup is not possible.
(5) If force majeure (natural disasters, war, civil war, terrorist attack, pandemic, strike, lockout, embargo, etc.) makes delivery or any other service permanently impossible, the provider's obligation to provide performance is excluded. Amounts already paid will be refunded immediately by the provider.
- 4 Payment, default
The customer can pay by credit card, PayPal, PayPal Express, Klarna purchase on account, Google Pay and Apple Pay. When paying with a credit card, the provider is authorized to collect the amount owed from the specified credit card account by specifying the credit card number in the order. Otherwise, you will be redirected to the website of the respective payment service provider. Registration is regularly required there.
- 5 Warranty
(1) The statutory liability law for defects applies. In principle, the provider does not provide any guarantee or guarantee-like assurance for the quality of the goods. For entrepreneurs, the warranty period is 12 months from the transfer of risk.
(2) The warranty is excluded for defects caused by the customer. This is particularly the case if handled improperly.
- 6 Retention of title
(1) The goods remain the property of the provider until all claims against the customer have been paid in full.
(2) Special rule for entrepreneurs:
As long as the retention of title exists, the customer may neither resell the goods nor dispose of the goods unless the customer notifies the provider in good time in advance of the intention to sell/dispose of the goods, stating the name or company and the exact (business) address of the recipient and the provider agrees to the sale.
If the provider agrees, the customer assigns all claims in the amount of the amount that still needs to be settled to the provider as security. The customer remains authorized to collect. However, the provider is entitled to inform the recipient of this assignment at any time.
- 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.
- 8 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ . The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) The remaining parts of the contract remain binding even if individual points are legally invalid. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid