General Terms and Conditions
for private clients
1. Scope, Contract Language
1.1. These general terms and conditions of business ('GTCs') apply to all contracts concluded between our customers (‘customer(s)') and us, edding International GmbH, Bookkoppel 7, 22926 Ahrensburg ('edding') via our online shop at www.edding.shop ('online shop').
1.2. These GTCs apply when consumers buy our products at our online shop. For the purposes of these GTCs, a consumer is any individual who concludes a contract for a purpose which cannot be assigned to their trade or self-employed occupation (Sec. 13 of the German Civil Code [BGB]).
1.3. Any varying terms and conditions the customer may have shall not apply even if edding does not dispute expressly that they apply.
2. Conclusion of Contract
2.1. Displaying products at our online shop does not constitute a binding offer to conclude a contract for sale.
2.2. In sending orders via our online shop by clicking on the 'Binding purchase' button, customers offer bindingly to buy the products shown in the order list.
2.3. Customers will be e-mailed confirming their orders without delay once edding receives them. Such e-mails do not constitute a binding acceptance of the offer to contract.
2.4. No contract will be concluded between the customer and edding until edding accepts the order by declaring separately by e-mail or dispatches the product ordered. Customers are asked to check their e-mailbox spam folder on a regular basis. If the product ordered cannot be delivered, edding will not declare acceptance, in which case no contract will be created. edding will inform the customer of this without delay and refund any payments already received immediately.
2.5. We will e-mail the customer the terms of contract with details of the products ordered including these GTCs and notice of right of revocation when we accept the offer to contract and/or inform them that their products have been dispatched.
Customers select products to buy at our online shop by putting them in their shopping basket by clicking on the button concerned. Customers can change how many products they have in their shopping basket or remove products from their shopping basket at any time. If a customer wishes to complete an order, they are guided through the rest of the ordering procedure from the shopping basket by clicking on the buttons concerned. First, they go to a page where they enter their personal data; then they can select the dispatch and payment methode they want. The final step is when a page opens summarising the main product details and the details the customer has entered. The customer can correct anything they have entered incorrectly by clicking on 'Edit' in the field concerned, or close the browser window to abort the order process. Not until they press the 'Binding purchase' button do they make a binding offer as defined in Sec. 2.2 of these GTCs.
4. Data Protection
We only process and save data customers give us and/or details of the purchase agreement concerned insofar as current law allows. See data protection notice on edding's website for details.
5. Prices and Payment Terms
5.1. All prices stated in our online shop are gross including statutory sales tax.
5.2. Delivery costs including customs and similar duties are also due. We state these in our online shop and show them in the order overview before the customer places the order. Delivery costs are also shown separately on invoices.
5.3. Insofar as edding fulfils an order under Sec. 6.3 of these GTCs by delivering in parts, delivery costs will only be due for the first part delivery. If a customer requests delivery to be made in parts, they will be liable to pay the delivery costs for each part delivery.
5.4. Customers can choose to pay the purchase price and delivery costs by:
- Credit card
- Via the payment service provider stated in the online shop.
5.5. The customer has no rights of setoff or retention except insofar as their counterclaim is undisputed or upheld in law.
6. Terms and Conditions of Supply
6.1. Dispatch dates edding states at the online shop are only approximate, so they may be overrun by up to two working days unless a fixed dispatch deadline is agreed. If no deadline or date is given for the product concerned in the online shop or agreed otherwise, they will be deemed to be agreed to be dispatched within five working days.
6.2. If the customer purchases multiple products which can be used separately, edding may deliver them in parts, and will bear the additional dispatch costs incurred. This is without prejudice to the customer's rights to be supplied duly and in time.
6.3. As far as meeting dispatch dates is concerned, the date edding passes the product to the carriers is final. edding cannot accept liability for delays caused by the carrier: so any delivery time edding states (between when edding passes products to carriers and when they are delivered to the customer) is non-binding.
6.4. edding will decide on a reasonable dispatch type and carriers at its reasonable discretion unless expressly agreed otherwise.
6.5. Risks pass to the customer when products are delivered to them or they are in breach of acceptance.
7. Reservation of Title
7.1. Products delivered will remain edding's property until their purchase price and dispatch costs are paid in full.
7.2. Should the customer be more than 10 days in arrears with payment, edding may rescind the contract and reclaim the products.
7.3. Customers may not dispose of title to goods subject to reservation of title without edding's prior consent in writing. They may dispose of reserved goods beyond where they stand in law ('expectant rights') as long as they inform third parties the goods are edding's property.
7.4. Customers will handle reserved goods with care.
7.5. Should any third parties (court bailiffs in particular) seek to distrain reserved goods, the customer must inform them they are edding's property and inform edding without delay.
8. Right to Revoke
Any customer has the right to revoke subject to the doctrine stated in the annexe.
9.1. If goods delivered are defective, customers may demand that the defects be remedied or that non-defective goods be delivered in the first instance.
9.2. If subsequent performance under Sec. 9.1 fails or if the customer cannot reasonably be expected to accept it or if edding refuses to perform it, customers may insofar as the law currently allows rescind the purchase agreement, reduce the purchase price or claim damages or recover their lost costs. Customers' actions for damages are subject to the particular provisions of Sec. 10 of these GTCs.
9.3. The warranty runs for two years from delivery.
9.4. The customer also has rights under a warranty as to characteristics and/or durability insofar as edding has exceptionally granted such to the products sold.
10.1. If edding acts intentionally or grossly negligently, it will be liable to pay damages or compensate futile expenditure as the law provides.
10.2. In all other cases, edding will not be liable unless it breaches a contractual obligation which has to be performed to implement the contract duly in the first place, breaching which puts achieving the objects of the contract at risk and which the customer may normally trust will be met ('cardinal obligations'), in which case the claim will be limited to indemnifying typical foreseeable losses.
10.3. edding's liability for default limited to 20% of the purchase price concerned unless it acts intentionally or grossly negligently.
10.4. edding is not liable for any losses which would not typically be expected if goods were used normally unless it acts intentionally or grossly negligently.
10.5. The limitations of liability and exclusions in this Sec. 10 do not apply to edding's liability for warranted characteristics as defined in Sec. 444 of the German Civil Code [BGB], for injury to life, body or health under the product liability law.
10.6. We cannot guarantee that data can be communicated via the Internet faultlessly and/or availably at all time at the current state of the art, so edding cannot be held liable in that respect for the online shop being available continuously at all times.
edding holds the copyright to all images, films and texts published in the online shop. No images, films or texts may be used without edding's express consent.
12. Governing Law and Jurisdiction
12.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is ordinarily resident in another state at the time of ordering, overriding provisions of that state of residence's law will remain unaffected by the choice of law made in clause one.
12.2. edding or the client may bring action before any competent court in law.
13. Dispute Resolution
edding would point out that, as well as the option to pursue matters via the ordinary courts, the European Commission has created an online dispute resolution platform. To find out more, see Regulation (EU) No. 524/2013 or follow the link: http://ec.europa.eu/consumers/odr .
edding's e-mail address is firstname.lastname@example.org
edding would point out we are not bound to take part in any out of court dispute resolution procedure before a dispute resolution body.
14.1. These GTCs are complete and conclusive. Amendments and additions should be made in writing to avoid a lack of clarity or disputes between the parties as to what the agreed substance of the contract is in each case.
14.2. Should any individual provisions of these GTCs be invalid, this will not affect the provisions of the contract otherwise.
Your Right to Revoke
You have the right to revoke this contract within fourteen days without giving any reasons.
You have fourteen days to revoke it from when you or your nominated third party who is not the carrier take possession of the goods.
To exercise your right to revoke, you must notify us, edding international GmbH, of Bookkoppel 7, 22926 Ahrensburg at email@example.com by making a clear declaration such as posting a letter or sending an e-mail telling us you have decided to revoke this contract. You can use the model we provide for this, you do not have to, though.
To revoke in time, you merely have to notify us that you are exercising your right to revoke by the revocation deadline.
What happens if I revoke?
If you revoke this contract, we must refund all payments we have had from you, including delivery costs (except the additional costs because you opted for another delivery option than the most favourable standard delivery we offer) without delay and in any case within fourteen days of receiving your notice that you are revoking this sales contract.
To make these refunds, we will use the same means of payment as you used in the original transaction unless agreed expressly with you otherwise; under no circumstances will we charge you for making these refunds. We may refuse to make any refunds until we have had the goods returned to us or until you can show proof you have returned them, whichever is the sooner.
You must return or surrender the goods to us without delay and in any case within fourteen days of notifying us you are revoking this contract. You will be deemed to have done so in time if you dispatch the goods within the fourteen-day period. The return address is edding SHOP, Bookkoppel 7, 22926 Ahrensburg.
You will bear the immediate costs of returning the goods.
You will not be liable to indemnify any loss of value by the goods if this loss is attributable to dealing with them in any way not necessary to verify their nature, characteristics and functions.
If you return goods to us, please use the original packaging if it is still available.
Model revocation form
edding international GmbH
I/we hereby revoke the contract I/we concluded to buy the following goods (describe them in detail so we can establish clearly what goods you are revoking):
- Ordered on: [dd.mm.yyyy]
- Received on: [dd.mm.yyyy]
- My Name:
- My Address:
Signature of the consumer(s):
(only if this form is submitted by post)