Table of contents

1. scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) scope

1.1These general terms and conditions (hereinafter "AGB") of Allplast GmbH (hereinafter referred to as "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the one in his online Shop shown were completed. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.

1.2Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.

1.3Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

2) Contract conclusion

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller by email.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation is decisive for the customer, or
• by providing the customer to the customer, with the access of the goods to the customer, or
• by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.

2.4When selecting a payment method offered by PayPal, 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 (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5When submitting an offer via the online order form of the seller, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7Only the German language is available for the conclusion of the contract.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

4) Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2The payment options are/will be communicated to the customer in the seller's online shop.

4.3If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.

5) Delivery and shipping conditions

5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or the institution that is otherwise intended to carry out the dispatch, if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller did not previously told the customer or institution.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller under the address provided by the seller. In this case, no shipping costs will be charged.

6) Reference to retention of title

6.1The seller reserves the ownership of the delivered goods to consumers until the purchase price owed is fully paid.

6.2The seller reserves the ownership of the delivered goods to entrepreneurs until the complete settlement of all claims from an ongoing business relationship.

6.3If the customer acts as an entrepreneur, he is entitled to resell the goods subject to reservations in proper business operations. All of the resulting claims against third parties will take the customer to the seller in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations towards the seller, is not in default of payment and is not submitted to the opening of insolvency proceedings.

7) Liability for defects (warranty)

Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

7.2The liability restrictions and deadline reductions, which are regulated above, do not apply

• For claims for damages and expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual uses and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.3In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

7.4If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

7.5If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer from all contractual, contractual and legal, also tortious claims for damage and expenses replacement as follows:

8.1The seller is fully liable from every legal reason

• in the event of intent or gross negligence,
• In the event of intentional or negligent violation of life, body or health,
• Due to a promise of guarantee, unless otherwise regulated in this regard,
• based on mandatory liability such as the Product Liability Act.

8.2If the seller negligently violates an essential contractual obligation, liability is limited to the typical, predictable damage, unless it is indefinitely accurately accurate in accordance with the above. Essential contractual obligations are obligations, which the contract imposes to the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust.

8.3Incidentally, a liability of the seller is excluded.

8.4The above liability regulations also apply to the liability of the seller for his vicarious agents and legal representatives.

9) Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

10) jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

11) Alternative dispute resolution

11.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

11.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.