§ 1 Basic provisions
The following terms and conditions apply to contracts that you conclude with us as a provider via our website. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods
(2) As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the only shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can use the corresponding button in the navigation bar to call up the shopping cart and make changes there at any time. After calling up the “checkout“ page and entering your personal data as well as the terms of payment and shipping, all order data bill be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express) as payment method, you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective immediate call system, make the appropriate selection or input of your data there. Finally you will then be directed back to the order overview page in our online shop. Before submitting the order you have the option of checking all the details again, changing them ( also using the “ Back“ function of the Internet browser) or canceling the purchase. By submitting the order using the “Buy“ button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form ( e.g. by e-mail) which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by an e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM-filters.
§ 3 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 purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
(a) We retain ownership of the goods until the complete settlement of all claims from the currant business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or assignment of security is not permitted.
b) You can resell the good in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you acquire from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved good, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 4 Guarantee
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you do not do this, this has no effect on your legal warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract.
The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises from the item of the defect or other circumstances. In the case of subsequent improvement, we do not have to bear the increased costs caused by moving the goods to another location as the place of performance, if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably-caused damage attributable to us from injury to life, body or health
and other damage caused intentionally or through gross negligence;
- insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item.
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty guilds.
§ 5 Choice of law
(1) German law applies. In the case of criminals, this choice of law only applies insofar as this does not remove protection granted by the mandatory provisions of the law of the state of habitual residence of the consumer (principle of favor).
(2) The provisions of the UN Sales Convention expressly do not apply.
§ 6 Protection of minors
(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or those persons who are able to counter the delivery and who have reached the legally required minimum age receive the goods.
(3) Insofar as we are obliged to carry out an age check due to the statutory provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the deliver to persons who have reached the legally prescribed minimum age and, in case of doubt, to obtain the identity card of the goods to be shown to the receiving person for age control.
(4) Insofar as we show in the respective item description that you must be over the age of 18 to purchase the goods. Above the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that you are of legal age instead of the legally prescribed minimum age you must be of legal age.
II Customer information
1. Identity of the seller
Little-Big-Horn, Wiwik Söns
Gleeser Strasse 3-5
Alternative dispute resolution participation:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contracts
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our general terms and conditions. (Part 1).
3. Contract language, contract text storage
3.1. The contract language is German
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers as well as the shipping cost centers represent total prices. They contain all price components including all applicable taxes.
5.2 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, then are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees ( transfer or exchange rate fees of the credit institutions), which you must bear.
5.4. Any costs incurred tor the transfer of money ( transfer or exchange rate fees of the credit institutions ) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found using a corresponding button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 of a person otherwise appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Legal right to keep defects
The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I). These terms and conditions and customer information were crated by the lawyers of the German Händlerbund who specialize in IT law and are permanently checked for legal conformity. The German Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at : https://www.haendlerbund.de/agb-service.
Last update: 04/10/2020