§ 1 Scope and contract partner
(1) The following terms and conditions apply to business relations which are established on the website www.cpblack.de. Your contract partner is the company
45127 Essen, Germany
Tel .: + 49-201-54574900
Fax: + 49-2361-8908641
Managing Director: Marvin Schertl
Commercial register: Amtsgericht Essen HRB 24428
St-No .: 111/5746/0786
VAT ID: DE279640593
(Hereafter only: Demotex)
(2) For the business relations, The following general terms and conditions shall apply in the version valid at the time of the order.
(3) The German language is negotiation and contractual language. All foreign transactions are subject to the following conditions, unless otherwise stated in our General Terms and Conditions for the respective countries.
(4) These general terms and conditions will be sent to you after conclusion of contract. Please save them as a precaution by printing them out using the print function of your browser. You can download this document as PDF and / or save it to your computer via your browser. In order to open a PDF file, you need Adobe Reader, which is available free of charge on the Internet (www.adobe.de).
(5) Your contract and order data as well as the contract text are stored by us, direct access is not possible for security reasons.
(6) Through our homepage, you have the possibility to recognize and correct input errors before the declaration of the contract. To do this, click on the button "Change data".
(7) Only our products sell our products. They are responsible for where and how the product is installed or built up and whether it is suitable for your use.
§ 2 Your data
(1) Registration, insofar as this is foreseen, as well as the purchase of our products, is permitted only to persons with unlimited capacity, natural persons and partnerships, as well as legal persons.
(2) When completing the buyer's information, true, accurate, up-to-date and complete information on the data requested in the application forms shall be provided. In the case of untrustworthy or incorrect information, we reserve the right to refuse the purchase, to withdraw from the purchase or to make the purchase dependent on the specification of further data.
§ 3 Conclusion of the contract & subject matter
(1) The presentation of the goods in the Internet shop does not represent a binding offer by Demotex to conclude a purchase contract. The customer is hereby only prompted to submit an offer by means of an order.
(2) By submitting the order in the Internet shop, the customer issues a binding offer on the conclusion of a purchase agreement on the goods contained in the shopping basket. Demotex confirms the order of the customer by sending a confirmation e-mail. We will send you a declaration of acceptance (order confirmation) and / or inform you that the goods are prepared for shipping. Thus, the contract is legally concluded.
(3) A contract may also be concluded by e-mail. If we send you an order confirmation after discussing your desired order, the contract with entrepreneurs comes about by sending the order confirmation. For consumers, your answer is required for legal reasons. Please use either the order form sent to you together with the terms and conditions of the revocation instruction and send it back signed or by e-mail or fax to inform us of your acceptance as well as the acknowledgment of the revocation instruction.
(4) The goods in the shop www.cpblack.de are goods whose sale we merely convey. The contract is therefore directed to a service to convey to you the sale of the goods. After conclusion of the contract, an order is sent to the supplier of the goods, which will send you the goods. Because of the regular individual production of the goods from the shop www.cpblack.de it can come to long delivery times, which are indicated in the shop before. Please note that you are entitled to any warranty rights directly against the supplier and we also assign to you the warranty claims to which we are entitled. Please also note that the right of withdrawal may be terminated prematurely with your agreement. Please refer to the relevant note in the context of the revocation instruction.
§ 4 Prices, payment, installment payment, due date and default
(1) All prices are in Euro (€) inclusive the legal value added tax, plus the appropriate packaging and shipping costs. The prices are valid at the time of the order.
(2) Acceptance of larger quantities and special orders is possible, but requires the prior individual agreement of prices, delivery time and terms of payment.
(3) The purchase price is due with conclusion of contract.
(4) Payments are possible through the payment services specified in the article description or the website. No other payment methods are accepted. For payment processing via PayPal or other payment providers, please also pay attention to the terms and conditions of the respective service provider.
(5) In cooperation with Klarna, we offer you the purchase of the purchase and payment as a payment option. Please note that purchase is only available to consumers on invoice and installment purchase, and that payment must be made to Klarna.
(6) When you buy on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for the purchase of the invoice for deliveries to Germany can be found here and the complete terms and conditions for the purchase of goods for deliveries to Austria can be found here. The Onlineshop charges Klarna with a fee of 0 euros per order.
(7) With Klarna's financing service, you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (at least however 6,95 €). For more information on the purchase of guaranties, including the general terms and conditions and European standard information for consumer credit, please click here. Purchase is offered only for Germany.
(8) Data protection notice: Klarna checks and evaluates your data and maintains an exchange of data with other companies and economic agencies in case of justified interest and occasion. Your personal data are treated in accordance with the applicable data protection regulations and according to the data in Klarnas data protection regulations for Germany / Austria.
(9) If you choose the method of payment in advance, we will call you our bank account in the order confirmation and deliver the goods after payment receipt. The invoice amount must be transferred to our account within 7 days. If the amount is not received within the deadline, we are entitled to withdraw from the contract.
(10) In the event of default, we are entitled to demand interest in the amount of 5 percentage points above the respective base rate for the year. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on arrears in arrears at an interest rate of 9 percentage points above the base rate. We reserve the right to prove and assert a higher arrears, § 288 para. 3, 4 BGB.
(11) You are entitled to a right of set-off only if your counterclaims have been legally established or are undisputed or have been acknowledged by us.
(12) You can exercise a right of retention only insofar as the claims result from the same contractual relationship.
(13) If the purchase price does not reach us within legal or set deadlines, we are entitled to rescind the purchase contract after expiry of a reasonable period of grace. In the case of prepayment, there is no need for a further deadline, cf. (9).
(14) We will charge you 3% of the invoice amount, but at least 5, - EUR as fee and expense compensation for non-redeemable or non-cancelable payments (not due to exercise of the statutory right of revocation).
(13) In order to hedge the credit risk, we must reserve the right to offer you only certain types of payment for the delivery you request.
(14) In individual cases, we reserve the right to deliver the goods only after a deposit has been received. Upon receipt of the order, we will coordinate this with the customer.
§ 5 Delivery
(1) We deliver goods within Germany within 3 - 8 business days after your order. Details on the delivery time of any products can be found in the relevant details page of our homepage. Please note that especially high - priced items can have a long delivery period, Can be manufactured individually. For payment by prepayment, the delivery times are valid from the date of receipt of our account. Deviating delivery times are named within the scope of the article description.
(2) The delivery of the goods takes place regularly after complete payment. An order of non-stock merchandise is given if necessary. According to separate agreement also after partial payment. If, however, a full payment has not been received upon receipt of the goods in Germany, the delivery may be withheld until full payment has been received. In addition, the goods in stock can then be delivered to other customers if a payment period has been exceeded.
(3) The indicated delivery time requires a timely delivery to us unless the goods are not in stock.
(4) In addition, the customer reserves the right to change the stock of the goods and the delivery time during the customer's payment period.
(5) Without an explicit agreement of a delivery date and confirmation by the management of Demotex, no fixed transaction is concluded; Demotex shall not be liable for any delivery that occurs later. Liability is, in particular, excluded for all subsequent work which the customer has already commissioned in respect of the original delivery time.
(6) The shipping is by forwarding or parcel shipping, depending on the specification within the scope of the article description. Costs and other conditions apply according to the respective bottom of our Internet shop.
(7) For dispatch outside the Federal Republic of Germany, the same shipping time is valid, but the delivery takes somewhat longer. The buyer shall bear any customs duties.
(8) If you order a product which was not (yet) available according to the article description, or if we are not supplied with a product by our suppliers without our own fault, we can withdraw from the contract if the procurement of the article was only possible with disproportionate expenses , In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if you do not wish to receive a comparable product, we will refund any compensation already paid. In this case as well, there is also the right to withdraw from the contract.
(9) We are entitled to partial deliveries and / or services insofar as this does not adversely affect opposing interests. If there is a partial delivery, we accept the additional shipping costs.
(10) A pick-up of the goods on the spot in our shop is possible by prior arrangement.
(11) The delivery time is extended adequately if the delivery is impaired by force majeure. In particular, there is no such thing as a violation of the law or of any other unpredictable events which are beyond our control and which, in the case of an objective assessment, are not Have been culpably committed by us. Should any of the above mentioned cases occur, we will notify you immediately. If the performance impediment in the aforementioned cases exceeds four weeks, you are entitled to withdraw from the contract. In this case, there are no further claims, in particular claims for damages. This does not apply, in cases of intent or gross negligence, in the case of warranties or in the case of breach of essential contractual obligations by simple negligence or in the event of legally foreseeable damages for legal reasons.
(12) If delivery fails or the product has to be returned to you for reasons other than for reasons of warranty or warranty, please pay the costs.
§ 6 Revocation right
Consumers have a legal right of revocation.
Your Right of Withdrawal
Consumers may revoke their contractual declaration in accordance with the following provision. Consumer is any
Natural person who enters into a transaction for a purpose which is neither of its commercial nature
Can be attributed to their independent professional activity.
(1) You have the right to agree to this Agreement within fourteen days without giving reasons
The period of revocation shall be fourteen days from the date on which you or a person named by you
Third party who is not the carrier who has or has possessed the goods, in the case
Of a contract for the supply of a product in several subscriptions or pieces on the
You or a third party you designate, which is not the carrier, the last submission
Or the last piece, or, in the case of a contract for the
Periodic delivery of goods over a fixed period of time
To which you or a third party you designate, other than the carrier, the first goods in question
Have or have taken possession.
(2) In order to exercise your right of revocation, you must contact us
45127 Essen, Germany
Tel .: + 49-201-36577485
Fax: + 49-201-36577486
By means of a clear statement (e.g., a letter, facsimile or e-mail sent by mail)
About your decision to revoke this contract. You can use the
Attached sample revocation form, which is not mandatory.
In order to maintain the revocation period, it is sufficient for you to submit the notice on the exercise of the
Right of revocation before expiry of the revocation period.
(3) Sample Revocation Form
45127 Essen, Germany
Fax: + 49-201-36577486
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the
-Ordered on (*)/
received at (*) -
Name of consumer (s) -
Address of the consumer (s)
- Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
(4) Consequences of the revocation
If you revoke this contract, we will give you all the payments we receive from you
Including the cost of delivery (except for the additional costs arising therefrom)
That you have a different type of delivery than the most favorable offered by us
Standard delivery), immediately and at the latest within fourteen days from the date of
Day on which the notification of your revocation of this contract with us
Has been received. For this repayment, we use the same payment method that you use at the
Original transaction, unless with you has been expressly something
Other agreed; In no case will you be charged for these repayment fees.
We can refuse the refund until we have returned the goods or
Until you have provided proof that you have returned the goods,
Which is the earlier time.
You have immediately and in any case no later than fourteen days from the date on which the goods are delivered
Day on which you inform us of the revocation of this contract
Or to surrender. The deadline is respected if you have the goods before the expiry of the period of fourteen
Days. They bear the direct costs of returning the goods. The costs
Are based on the prices of the forwarding company used by us to about
- goods up to 50 Kg: 70,00 €
- goods up to 200kg: 200,00 €
- Goods heavier than 250 Kg: 350,00 €
Plus additional costs such as diesel surcharges / insurance fees
They must pay for a possible loss of value of the goods only if this value loss
To one to examine the nature, characteristics and functioning of the goods
Necessary handling of them.
End of revocation
Note on the exclusion of the right of revocation:
Unless the parties have agreed otherwise, the right of revocation shall not apply to the following
Contracts for the supply of goods which are not prefabricated and for whose manufacture an individual
Selection or destination by the consumer or which is clearly based on the
Personal needs of the consumer.
The right of revocation expires in the case of a contract for the provision of services even if
The contractor has completed the service completely and with the execution of the service
Has begun only after the consumer has given his explicit consent;
At the same time, has confirmed his knowledge of the fact that he has his right of withdrawal in full
Fulfillment of the contract by the entrepreneur.
§ 7 Return costs when exercising the revocation right
You have to bear the costs of the return when exercising your right of revocation. The costs are calculated according to the prices of the forwarding company used by us to about
- goods up to 50 Kg: 17,00 €
- Goods up to 200kg: 50,50 €
- Goods heavier than 250 Kg: 60,70 €
Plus additional costs such as diesel surcharges / insurance fees
§ 8 Transportation damage
(1) The risk of consignment is, if you are a consumer, regardless of the shipping method chosen by us (insured / uninsured / package). By choosing an insured shipment, we only secure our economic risk.
(2) In the case of deliveries to contractors, the risk of accidental loss and the accidental deterioration of the goods being sold shall be transferred to the customer upon delivery to the customer upon delivery to the customer upon delivery of the goods to a suitable transport person.
(3) If goods are delivered with apparent transport damage, please report such faults immediately to the delivery company and contact us as soon as possible.
(4) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights if you are a consumer. However, they help us to assert our own claims against the freight carrier or the transport insurance.
§ 9 Warranty / Liability
(1) The legal warranty rights apply to consumers. The statutory warranty period begins with the delivery of the goods and runs regularly for two years, in exceptional cases where necessary longer, § 438 German Civil Code (BGB). In the event of a defect occurring, the customer has the statutory right to a supplementary performance within the statutory warranty period (at his option: defect removal or replacement delivery) and - in the case of legal requirements - the statutory rights to reduction or rescission as well as compensation for damages. The purchaser must give us two attempts to rectify the defect before exercising a right of rescission, unless there is a case which, according to the law, would justify immediate rescission. If the desired type of supplementary performance is only possible with disproportionate costs, your claim to the other type of supplementary performance is limited. In case of withdrawal from the contract the customer is obliged to return the goods in full.
(2) The warranty rights described in para. 1 shall apply to entrepreneurs, provided that the claims for defects of the goods become statute-barred in one year from delivery / delivery of the goods to the customer. This limitation excludes claims for damages due to injury to life, body or health and / or claims for damages resulting from gross negligence or deliberate damage caused by the seller; In this respect, the statutory limitation periods apply again. The regulations on the obligation to investigate and to notify the complaint shall remain unaffected.
(3) Properties of the products are not guaranteed by the supplier, unless the guarantee is expressly.
(4) We can not assume any liability for damages and deficiencies resulting from an improper use, operation and storage, negligent or faulty maintenance and maintenance, overexploitation or improper repair.
(5) We exclude our liability for minor negligent breaches of duty insofar as they do not affect any contractual obligations, damage from injury to life, body or health or guarantees or claims under the Product Liability Act. The same applies to breach of duty by our vicarious agents. In the case of damage caused by other means, the supplier shall be liable in the case of willful intent and gross negligence, including his vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage from injury to life, body or health. In the case of negligent damage to property and assets, the supplier and his vicarious agents shall be liable only in the event of a breach of a material contractual obligation, but limited to the foreseeable and contract-type damages. Significant contractual obligations are those whose fulfillment forms the contract and on which the customer may rely.
(6) The image of the products on the Internet can differ slightly from the original for various reasons (monitor settings, graphics card quality, etc.). Such immaterial deviations do not constitute any warranty rights.
(7) Note: Rescission is not possible if the products are not suitable for your presentation or because of their size they can not be built in the place you are planning. This does not constitute a defect of the goods. Before you order the articles, please observe the dimensions and possible installation instructions.
(8) Note: The so-called "shabby chic" furniture is a piece of furniture deliberately "trimmed on old". It is part of the contractual characteristic that partial paint flakes or colors are applied unevenly or that chippings are present. This furniture is explicitly not a defect. In the case of these furniture, either the description of the item is referred to the circumstances or the optics on the product pictures.
(9) We would like to point out that Demotex is not liable for improper use.
(10) No party shall be responsible for any damage or misuse or delays caused by force majeure.
(11) Demotex declines any liability for delayed or late deliveries. The naming of a delivery date is only an approximate indication, which is based on empirical values. Demotex shall, as far as such rights exist, assign its rights for a delayed delivery to the customer.
(12) If product sizes up to 10mm differ from the data on the data sheets, this does not constitute a defect.
§ 10 Obligation to investigate and to notify the contractor
(1) The purchaser, if he is an entrepreneur, is obligated to inspect the delivered goods immediately upon receipt for obvious defects, which are obvious to an average customer. The obvious shortcomings also include the absence of manuals as well as considerable, easily visible damage to the goods. There are also cases where another thing or quantity is too small. Such obvious defects are to be reported to us within 2 weeks after delivery.
(2) Defects, which become apparent only later, must be reported within four four after detection.
(3) In the case of breach of the obligation to inspect and to notify the goods, the goods shall be deemed to be approved in respect of the defect in question.
§ 11 Reservation of title
Until the full payment of an item or an order, we reserve the right to the respective article.
§ 12 Data Protection
Please note our separate data protection policy.
§ 13 Final provision
(1) The contract shall remain binding in its remaining parts even if individual conditions are invalid. Should a provision be invalid in whole or in part, the contractual partners shall immediately endeavor to achieve the economic success sought by the ineffective regulation in a different, legally permissible manner.
(2) Jurisdiction is the domicile of the supplier, if the customer is a full buyer or a legal person of public law or a public special fund or the client has no general jurisdiction in Germany.
(3) This Agreement and its interpretation shall be governed by the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods; Mandatory provisions of the consumer protection of a country in which the customer has his regular residence remain applicable.
(4) The European Commission is providing an online dispute resolution platform (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes.