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 a provider (Nagel & Köpfe GmbH) via the website www.activesol.de. Unless otherwise agreed, the inclusion of your own conditions is objected to.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already with the listing of the respective product 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 call up 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 and entering personal data as well as payment and shipping conditions, the order data is finally displayed as an order overview.
If you use an instant payment system (e.g., PayPal, Amazon Pay, Sofort, giropay), you are either directed to the order overview page in our online shop or forwarded to the website of the instant payment provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data is displayed as an order overview on the website of the instant payment provider or after you are redirected back to our online shop.
Before sending the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy now", "order with costs", "pay now" or a similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have deposited with us is accurate, that the receipt of emails is technically assured, and especially that it is not prevented by SPAM filters.
§ 3 Special Agreements Related to Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out 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 labeled button on our website and in the online ordering process. For payment processing, " PayPal" may use other payment services; if specific payment conditions apply for these, you will be informed separately. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
When you select a payment method offered via "Stripe", the payment processing is carried out 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 labeled button on our website and in the online ordering process. For payment processing, "Stripe" may use other payment services; if specific payment conditions apply for these, you will be informed separately. More information about "Stripe" can be found at https://stripe.com/de.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the payment of the purchase price is complete.
§ 5 Warranty
(1) The statutory warranty rights exist.
(2) 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 freight forwarder of complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it before issuing the contract declaration and it was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of fulfillment for all services from the business relationships existing with us and jurisdiction is our registered office, provided you are not a consumer, but a merchant, legal entity under public law or 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 the domicile or usual place of residence is not known at the time the action is brought. The power to call on the court in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
1. Identity of the Seller
Nagel & Köpfe GmbH
Gerhardstr. 25b
47137 Duisburg, Germany
Phone: 020393453417
Email: activesol@nagelkoepfe.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are ready but not obliged to participate in dispute resolution procedures before consumer arbitration boards.
< span style="fontSize:16px;">2. Information on the Formation of the Contract
The technical steps for forming the contract, the contract itself, and the correction possibilities are carried out according to the regulations "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we have received the order, the order data, the legally required information for distance contracts and the General Terms and Conditions are again sent to you by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or electronically secure.
4. Main Features of the Product or Service
The main features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Methods
5.1. The prices mentioned 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 shipping costs are not included in the purchase price. They are accessible via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and are additionally borne by you unless free shipping has been confirmed.
5.3. Additional costs that we cannot be held responsible for, such as duties, taxes, or money transfer fees (transfer or exchange rate fees of the financial institutions), that occur during the delivery to countries outside the European Union, are to be borne by you.
5.4. Costs incurred from money transfers (transfer or exchange rate fees of the financial 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 displayed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, the payment claims under the concluded contract are due for payment immediately.
6. 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. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or a person otherwise designated to execute the shipment.
7. Legal Defect Liability Rights
Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These GTC and customer information were created by the IT law experts of the Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees for the legal security of the texts and assumes liability in case of warnings. More information about this can be found at: https://www.haendlerbund.de/de /leistungen/rechtssicherheit/agb-service.
Last update: November 29, 2023
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