§ 1 General, scope
§ 2 Conclusion of contract
§ 3 Withdrawal from the contract and breach of duty by the buyer
§ 4 Prices
§ 5 Means of payment and terms
§ 6 Vouchers
§ 7 Retention of title
§ 8 Terms of delivery/delivery times/costs
§ 9 Right of withdrawal for consumers for the delivery of goods
§ 10 Right of withdrawal for consumers for the provision of services
§ 11 Liability for Defects
§ 12 Return of the goods
§ 13 data protection
Section 14 Choice of Law; Alternative Dispute Resolution and Jurisdiction
§ 15 Final Provisions
§ 16 Notes according to the Battery Act

1.1. These general terms and conditions ( "GTC" ) of the company CEBA Heizshandel UG, department ceba-heizungshandel.de, Trachenbergring 85, 12249 Berlin ( "seller" or "we" ) apply to all orders from us in the online shop at www.ceba -heizungshandel.de and all other Internet addresses that refer to it ( "online shop" ) by customers who are consumers ( "customer" or "you" ). The current version of the GTC can be accessed via the "GTC" link in the footer of the online shop. In addition to these terms and conditions, you will also find our data protection declaration and a withdrawal form for consumers.

1.2. All agreements made between the customer and us in connection with an order via the online shop are laid down in the purchase contract, these General Terms and Conditions, the order confirmation sent by e-mail and in any order confirmation sent by the seller after the customer's order . With his order, the customer accepts the terms and conditions valid at the time of the order by confirming the validity of these terms and conditions before completing the order by activating a corresponding button. Conflicting terms and conditions used by the customer do not become part of the contract, even if we do not expressly object to them. The data for an order can be called up in the online shop via a customer account that the customer may have set up. In addition, we send each customer the order data including these terms and conditions with the order confirmation after receipt of the order.

1.3. We reserve the right to make changes or additions to these terms and conditions at any time. However, the customer's order will be executed according to the General Terms and Conditions valid at the time of the order. Earlier orders are not affected by changes or additions to these terms and conditions.

1.4. The sole contractual language is German. If these GTC or other contractual declarations and documents have been translated into languages ​​other than German, the German version alone is authoritative for the parties.

1.5. Our offers are aimed exclusively at persons with unlimited legal capacity. Persons with limited legal capacity (e.g. young people under the age of 18) can only use our offers with the consent of their legal representative.

1.6. Illustrations, drawings and other materials that belong to our offers ( "product information" ) serve solely for the general presentation of the goods. Changes and errors in product information are reserved until the order is placed. Subject to the regulations made in § 11, we are not responsible for the fact that the goods sold to the customer are compatible with one another in the configuration selected by the customer and can be used together or with other customer facilities without defects. Only those properties of the goods that have been expressly designated by us in text form (e.g. letter, fax, e-mail) as guaranteed properties are deemed to be guaranteed by the seller.

2.1. Our offers are always subject to change and non-binding unless we have expressly designated an offer as binding in text form (e.g. letter, fax, e-mail). If we designate an offer as binding, we shall be bound by it for a period of thirty days from the date the customer receives the offer.

2.2. The presentation of the goods in the online shop is not a legally binding application for the conclusion of a purchase contract by the seller, but only a non-binding online catalogue. To place an order in the online shop, the customer must first place the desired goods in the virtual shopping cart. He can then go to the "checkout" and enter the data required to conclude the contract there, if necessary after setting up a customer account. These can be changed by you at any time until the order is completed. In addition, before completing the order, you will be given the opportunity to check the data you have entered in a confirmation window and, if necessary, correct it or cancel the order. Only by clicking on the "Buy now" button does the customer submit a legally binding application to the seller to conclude a purchase contract.

2.3. We confirm the receipt of the order to the customer in accordance with § 312i Para. 1 Sentence 1 No. 3 BGB immediately by e-mail ( "order confirmation" ). The order confirmation does not yet constitute a purchase contract. The purchase contract is only concluded if we accept the order confirmation sent in text form (e.g. letter, fax, e-mail) within a maximum of five calendar days after receipt of the customer's order, or if we make the goods available for dispatch to the customer; in this case, the receipt of the declaration of acceptance according to § 151 S. 1 BGB on the part of the customer is waived. Otherwise the customer's application expires.

2.4. If the customer has violated these terms and conditions in the past or violated contractual obligations towards the seller, we reserve the right to no longer carry out future orders without prior notice.

3.1. We reserve the right to withdraw from the purchase contract in the event that (a) we are unable to deliver the goods ordered by the customer through no fault of our own because our sub-supplier has not fulfilled his contractual obligations, or (b) those of the customer ordered goods are not available for a period of at least one month due to a circumstance for which we are not responsible (breakdown due to fire, water or earthquake, failure of relevant production facilities and machines, strike and lockout, lack of energy or transport options, war or official intervention). . In these cases, we will inform the customer immediately that the goods he has ordered are not available. If we then make use of our right of withdrawal, we will reimburse any payments already made by the customer at this point in time using the means of payment used by the customer immediately and free of charge for the customer. The legal rights of the customer remain unaffected.

3.2. If the customer does not fulfill the obligations incumbent on him from a purchase contract with us, in particular (a) in which the customer does not pay the purchase price, or (b) sends back the goods after the cancellation period has expired, although no claims for defects (§ 11) have been given, retains the seller reserves the right to charge the customer a processing fee of 20% of the value of the respective order, but at least EUR 15, unless the customer proves that the seller has suffered any damage at all as a result of the customer's breach of duty has not occurred or the damage incurred is significantly lower than the processing fee. Further claims of the seller remain unaffected.

4.1. The prices on the day of the order, which are mentioned again in the order confirmation, apply to the ordered goods. All prices include VAT plus any delivery and shipping costs, customs duties and cash on delivery fees (§ 8.3).

5.1. We generally accept payments in advance by bank transfer, credit card, PayPal or voucher(s) (§ 6) and in the case of delivery by cash on delivery plus cash on delivery fees (§ 8.3, only in Germany). Even if the goods are picked up in the shop (§ 8.6), the payment must be made in advance by bank transfer, credit card, PayPal or by means of a voucher(s) (§ 6). If the customer chooses to pay by credit card, by placing the order he gives the seller permission to charge the invoice amount, including delivery and shipping costs, to the credit card specified by the customer when due. In order to be able to use the PayPal payment service, the customer must be logged in or registered with PayPal ( www.paypal.de ). If he has deposited his bank details or credit card number with PayPal, he pays in our online shop by entering his e-mail address and password.

5.2. We do not accept money orders, checks or bills of exchange.

5.3. The invoices we issue are due immediately and payable without deduction. Payment is only deemed to have been made when we can dispose of the payment amount. The customer is in default if he has not paid within thirty days after the due date and receipt of an invoice or comparable payment schedule and he has been informed of this in the invoice or comparable payment schedule. In the event of default, we are entitled to charge default interest for consumers at the statutory rate.

5.4. The customer is only entitled to offset if the counterclaims have been legally established, have been recognized by the seller or are undisputed; this does not apply if the customer's claims for defects against the seller are based on the same contract. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.

6.1. We offer vouchers (vouchers) for purchase in our online shop, which can be used as a means of payment for purchases of the products offered in the online shop in accordance with these terms and conditions. The value of the voucher will be credited to the invoice amount for this purpose. The value of a voucher corresponds to the value of the means of payment accepted by us (§ 5) with which it was purchased.

6.2. The voucher will be sent to the customer after receipt of payment in the form of a greeting card by e-mail or by post (registered mail) and contains a voucher code.

6.3. The purchase of the voucher is basically free of charge. If the voucher is sent by post at the request and choice of the customer, it will be sent by registered mail, the costs of which must be borne by the customer. In this case, the shipping costs of the voucher will be displayed.

6.4. The voucher code is entered via a link at the designated and marked point in the ordering process and leads to the voucher value being offset against the invoice amount. In order to be able to redeem a voucher, the value of the purchased goods must be at least equal to the value of the voucher. Remaining credit on a voucher can therefore not remain.

6.5. Several vouchers cannot be redeemed at the same time – i.e. within one order process.

6.6. A cash payment of the (residual) value of a voucher is excluded.

6.7. Our vouchers are not personal. Customers are free to transfer and share them with third parties. In this case, the customer undertakes not to use a voucher code that has become known to him or to make it known to other people. In addition, the customer is obliged to keep the voucher code secret and only communicate it to people to whom he would like to transfer the voucher or to whom he would like to give the voucher as a gift.

6.8. The vouchers must be redeemed no later than the end of the third year from the year in which the greeting card with the voucher code was issued or transmitted (§§ 195, 199 BGB). After this period, a voucher loses its validity and expires.

6.9. We accept no liability for the loss, theft or misuse of a voucher after the greeting card containing the voucher code has been given or transmitted to the customer.

The goods ordered by the customer remain the property of the seller until the purchase price has been paid in full. If third parties access the reserved goods, the customer must point out our ownership and inform the seller immediately.

8.1. The delivery time from receipt of the customer's payment is two to three working days for goods that can be sent as a package or three to five working days for goods that have to be sent as pallets. Working days are Monday to Friday with the exception of public holidays in North Rhine-Westphalia. If the goods are not in stock, the approximate delivery times stated for the individual goods in the online shop apply. We have no influence on the time it takes for the payment to be received, which for bank transfers in the EEA can be one (transfer in euros) to four (transfer in foreign currency) bank working days.

8.2. When ordering items with different delivery times, the longest delivery time applies. The items ordered will be sent as a complete delivery. We deliver the goods ourselves or by commissioning a third party to the delivery address given by the customer when ordering, subject to a different agreement with the customer, at ground level up to the curb (in the case of delivery by a forwarding agent) or to the first front door (in the case of delivery by a parcel service). The customer bears the delivery and shipping costs (§ 8.3); this also applies if partial deliveries are made at the request of the customer and this increases the shipping costs compared to a total delivery.

8.3. The delivery and shipping costs incurred for an order are listed in the product descriptions for the products offered as well as in the order confirmation and any order confirmation. Insofar as customs duties or other costs are incurred as delivery costs (packaging, insurance and processing costs) in addition to the shipping costs, these are always to be borne by the customer, provided that the right of withdrawal is not exercised; this also applies if the delivery should otherwise be free of shipping costs. An overview of the delivery and shipping costs can be called up at any time in the online shop under "Shipping and shipping costs".

8.4. Orders with an order value of EUR 2,000.00 or more are shipped free of charge within Germany. The free shipping limit depends on the invoice amount. The invoice amount is the order value minus such amounts that are attributable to a partial revocation. The partial revocation can therefore lead to a subsequent calculation of shipping costs.

8.5. Shipping is always insured. We ask that any damage visible upon receipt of the goods, including damage to the packaging, be confirmed in writing (e.g. letter, fax, e-mail) by the respective shipping company. In the event of obvious damage to the goods, the customer is obliged to give notice of defects, non-compliance with which can lead to the loss of claims for damages (§ 11).

8.6. If some or all of the goods ordered by the customer are not in stock and the delivery of the goods is delayed for this reason, we will inform the customer of this immediately in text form (e.g. letter, fax, e-mail). In this case, the seller is entitled to make partial deliveries to an extent that is reasonable for the customer. In this case, the seller bears the additional shipping costs. The legal claims of the customer due to delay remain unaffected by this.

8.7. As an alternative to shipping, the customer can pick up the goods in our shop. For this purpose, the goods will be made available for the customer to collect from the shop from the time specified in the order confirmation. If a collection does not take place within one week after provision, the customer is in default of acceptance. In the event of default in acceptance, we reserve the right to withdraw from the contract after we have set the customer a reasonable grace period for collection, and to charge a processing fee of 5 % of the value of the goods to be invoiced, but at least EUR 50. The customer has the right to prove that we did not incur any processing costs at all or that they are significantly lower than the processing fee. Further claims of the seller remain unaffected.

You cannot revoke contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Your right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

Please note the information in § 12 regarding returns.

In the case of a contract for the provision of services, the right of revocation expires when we have provided the service in full and only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that your right of revocation expires upon complete fulfillment of the contract by us expires.

11.1. The statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title, unless otherwise specified below.

11.2. The customer is obliged to inform the seller in text form (e.g. letter, fax, e-mail) of obvious defects in the goods, in particular transport damage, within two weeks of receipt of the goods; the notification is deemed to have been made in good time if the customer has sent the notification to us within the specified period. After this period, the assertion of claims for damages due to defects that were obvious upon receipt of the goods is excluded. The customer is entitled to further claims for defects (in particular supplementary performance, reduction in price and withdrawal) even if he has not complied with the obligation to report obvious defects. The customer must notify the seller in writing of any defects other than obvious defects within two weeks of discovery. If the customer does not meet this obligation, he is also entitled to unrestricted claims for defects due to these defects.

11.3. Should there be disadvantages for the seller due to the failure to report the defects according to § 11.2, we reserve the right to assert claims for damages against the customer due to the failure to report. However, this does not affect the customer's legal claims for defects, unless claims for damages according to § 11.2 are exceptionally excluded.

11.4. We are not liable for damage that has not occurred to the goods themselves or for other financial losses such as lost profits. Otherwise, the liability of the seller is limited to the typically foreseeable damage.

11.5. Deviating from § 438 Section 1 No. 3 BGB, the general limitation period for claims arising from material defects and defects of title in the case of used goods is one year from delivery; this does not apply to claims for damages. Otherwise, the statutory limitation periods apply.

11.6. The assertion of claims for defects is free of charge for the customer; any expenses of the customer are borne by us (§ 439 Para. 2, 3 BGB). The customer is entitled to demand an advance payment from us for the expenses that he incurs as part of the supplementary performance (§§ 439 Para. 2, 3 BGB) and that are borne by us. If the customer asserts claims for defects and it is found during inspection that the item is free of defects, the expenses incurred by us in examining the notification of defects are to be reimbursed by the customer. This does not apply if the customer is not responsible for the unjustified notification of defects, in particular if the customer could not recognize that there was no defect.
11.7. If the goods are replaced by the seller or the manufacturer as part of supplementary performance, the limitation period for claims for defects is not extended. § 203 BGB remains unaffected.

11.8. The above limitations of liability and the shortening of the limitation period for used items do not apply to damage that (a) is based on intentional or grossly negligent breaches of duty or fraudulent intent on the part of the seller, a legal representative or a vicarious agent of the seller, (b) for damage to life or limb and health (c) for damage caused by the lack of a quality that has been guaranteed by us, (d) for damage covered by liability under the Product Liability Act, and (e) for the assertion of claims for damages, if the goods sold are newly manufactured items.

11.9. Any guarantees from the goods manufacturer or the seller that go beyond our statutory liability for defects remain unaffected by the above provisions. Likewise, the warranty claims to which the customer is legally entitled are not affected by any guarantees. Please refer to the product documentation for information on any warranties. In addition, our customer service is available to the customer; Telephone number, e-mail address and availability can be called up at any time in the online shop.

11.10. We would like to point out that the goods we offer are usually products that require installation by a suitable specialist company and are unsuitable for self-assembly by a layperson. However, if the customer carries out the installation or installation of the goods himself or through a third party without having the necessary specialist knowledge, this can lead to the customer being liable to third parties for the damage caused as a result. We therefore expressly advise against self-assembly without the necessary specialist knowledge and assume no liability for this except in the cases specified in this § 11.

12.1.1. If you have any questions about the return, please contact our customer service (§ 11.9) and have the order number for your order ready.

12.1.2. You bear the costs of returning the goods or after exercising the right of withdrawal (§ 9). Goods that cannot be shipped as a package will be picked up from you by a forwarding agent at a time previously agreed with you. You bear the costs of the return transport by a forwarding agent in the event of cancellation. These amount to a maximum of EUR 99 per return within Germany, a maximum of EUR 199 within the EU without islands and a maximum of EUR 499 outside the EU and on inner-European islands.

12.1.3. If possible, send the goods back in the original packaging. Use packaging that is suitable for safe transport, including stable outer packaging. Include a copy of the invoice or packing slip with the return. This applies accordingly if the goods are picked up by a forwarding agent.

12.2. If the customer does not follow the recommended procedure when returning the goods, his statutory claims for defects and his right of withdrawal continue to exist without restriction. However, should there be damage or delays in the return of the goods and/or the processing of the return by the seller, in particular because the customer has chosen unsuitable transport packaging or the return cannot be assigned to him due to missing documents, we reserve the right to assert the claim of claims for damages.

We process personal data of our customers exclusively within the framework of the legal regulations. The current version of the data protection declaration can be found in the online shop under “Privacy Policy”.

14.1. German law applies to the exclusion of the UN sales law and the conflict of laws; Art. 3 para. 3, para. 4 Rome I Regulation remain unaffected. In business transactions with consumers resident in the European Union, the law at the consumer’s place of residence may exceptionally also be applicable if mandatory consumer protection provisions are involved.

14.2. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr . Our e-mail address is info@ceba-heizungshandel.de . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

14.3. The place of jurisdiction is Cologne if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence abroad after the conclusion of the contract or the domicile or usual place of residence of the customer is not known at the time the action is filed.

15.1. Communication with the customer usually takes place via e-mail.

15.2. Changes to the contract with the customer, including these GTC, as well as any contract-related declarations by the customer or seller, must be in text form (e.g. letter, fax, e-mail).

15.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions apply.

15.4. The transfer of rights and obligations to which the customer is entitled from a contract concluded with us requires the consent of the seller, which may only be refused for important reasons. This applies in particular to customer claims for defects against the seller.

Batteries may be included with the Goods we sell. As an end user, the customer is legally obliged to return all used batteries in accordance with the Battery Ordinance. The customer must therefore hand in batteries that he has bought from us free of charge to the public collection points in his immediate vicinity or send them back to the seller. Batteries that the customer is obliged to return are identified by symbols consisting of a crossed-out garbage can and the chemical symbol of the heavy metal that is decisive for the classification as containing a pollutant (Cd for cadmium, Hg for mercury or Pb for lead).

(If you want to revoke the contract, please fill out this form and send it back.)

—– Start of model cancellation form —–

On:

CEBA heating trade UG
Trachenberg ring 85
12249 Berlin
Germany

Telephone: 030-62788827
Email: shop@ceba-heizungshandel.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*):

Ordered on (*)/Received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if notification is on paper):

Date:

(*) Delete where not applicable.

—– End of model cancellation form —–

Here you will find the cancellation form as a PDF download