Terms and Conditions and Customer Information

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 (Detrius GmbH) via the website 1u1g9f-hi.myshopify.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) For the purposes of the following regulations, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods .

(2) By listing the respective product on our website, we make 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 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 "Proceed to order" button  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be 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, you will make the corresponding selection or enter your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview.

Before submitting the order, you have the option to review the information in the order overview, change it (also by using the "back" function of the internet browser), or cancel the order.
(4) Your inquiries for the creation of an offer are non-binding for you. We will then submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. You must therefore ensure that the email address you have stored with us is correct, that the receipt of emails is technically guaranteed, and that it is not prevented by SPAM filters in particular.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by 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 and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be separately informed of them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Retention of Title

(1) You may 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 also applies:

a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before title to the reserved goods has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request 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.

§ 5 Warranty

(1) Statutory liability rights for defects apply.

(2) If you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from the delivery of the goods. The above limitation does not apply:

(3) As a consumer, you are requested 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. Failure to do so will not affect your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies, deviating from the aforementioned warranty regulations:

a)  Only our own statements and the manufacturer's product description are considered 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 shall provide a warranty, at our discretion, by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

- for damages attributable to us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby (favorability principle).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

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II. Customer Information

1. Identity of the Seller

Detrius GmbH
Liviastraße 2
04105 Leipzig
Germany
Phone: +4915225131977
Email: office@detrius.com


We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. 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 possibilities are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored 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 prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Trusted Shops buyer protection quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Methods

6.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, 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.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security 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.