About JAMIsince2001
Sales
6
On Etsy since 2012
Shop policies
Last updated on
December 17, 2025
General Terms and Conditions
§ 1 – Provider, inclusion of the GTC
(1) Supplier and contractual partner for the presented goods is
Beate Dehmer
Nadorsterstrasse 22
D-26123 OLDENBURG
Phone +491715302439
E-mail beate.dehmer [!at] me.com (hereinafter referred to as "Provider").
(2) These General Terms and Conditions are an integral part of any contractual agreement between the Provider and the respective Customer. Conflicting terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the articles presented in his DaWanda shop to other DaWanda users for sale. The colour representation of the articles on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations are never technically completely avoidable.
(2) The selection of goods, the conclusion of the contract and the execution of the contract shall be carried out in German.
(3) The provider sells to customers within the EU and Switzerland.
(4) The customer selects the desired goods by placing them in the "shopping cart" or by clicking on the button "Go directly to checkout". The order request can finally be transmitted to the provider via the button "order with obligation to pay". The customer has the possibility at any time until the dispatch of his order request to view and change the data provided in the context of the order or to cancel the order completely.
(5) For the goods presented in the shop of the provider, the provider makes a binding purchase offer. By sending the order request via the button "order with obligation to pay", the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(6) The content of concluded contracts is stored in the DaWanda user account of the customer and can be viewed by the customer in the DaWanda portal at any time via the menu "My DaWanda" under the item "My purchases".
(7) In the event of impediments to delivery or other circumstances that would preclude the fulfilment of the contract, the provider shall inform the customer by e-mail.
§ 3 – Prices and payment
(1) All product prices are final prices plus shipping costs. The fees include 19% VAT.
(2) The shipping costs are listed in the respective product description in the section "Payment & Shipping".
(3) The provider delivers at the choice of the customer against advance payment by redeeming a DaWanda voucher, against advance payment by bank transfer, against advance payment by means of PayPal payment, by cash on delivery shipment or against cash payment on collection. With the confirmation of the contract, the customer receives an Internet link by e-mail, which leads him to the DaWanda area "My Purchases", which contains further information on the purchase process.
a) For payment by means of a DaWanda voucher, the customer can enter one or more voucher codes in the "My purchases" section. The voucher value is credited to the provider and the invoice amount is paid in this way. If a voucher value is higher than the invoice amount, the voucher remains valid in the amount of the excess amount.
b) If the customer has chosen "bank transfer" as the payment method, the customer will be informed of the bank details of the provider in the "My purchases" area. The provider only accepts transfers from abroad as free payments in euros.
c) If the customer has chosen "PayPal" as the payment method, he can access the online service of PayPal via the button "Click here to pay with PayPal" and can initiate the payment there.
d) If the customer has chosen "cash on delivery" as the payment method, the customer shall pay the invoice amount in cash to the deliverer, who will hand over the shipment to the customer.
e) If the customer has chosen "cash payment" as the payment method, he can pick up the goods at the registered office of the provider.
(4) For prepayment orders, a payment period of one week from receipt of the contract confirmation applies. The provider shall return the desired goods for the duration of the payment period for the customer. It is the customer's responsibility to effect his payment in time for it to be received by the provider within the deadline. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the deadline. Any payment received by the customer after withdrawal will be refunded to the customer.
§ 4 – Shipping, delivery periods
(1) The supplier delivers the goods within 4-6 working days from payment; in the case of cash on delivery, the time span is not understood from the date of payment, but from the day of the order.
(2) For products that are marked as "customizable" in the product description, the delivery time shall be increased by one week if the customer commissions such individualization.
(3) Several products ordered at the same time are delivered in a common shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a specific product with a shorter delivery time in advance, he must order this product separately.
(4) If the delivery to the customer fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery attempt will only take place if the customer assumes the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon at the time of conclusion of the contract.
(5) If the customer has chosen cash payment as the payment method, the goods will not be shipped. Instead, the customer can pick up the goods at the registered office of the provider after 2 working days after conclusion of the contract; for individualised products (see paragraph 2), the time to make available shall be extended by one week.
§ 5 – Consumer right of withdrawal
A customer who buys as a consumer is entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
§ 6 – Warranty
The warranty rights of the customer are governed by the statutory provisions.
§ 7 – Data protection information
(1) After conclusion of the contract, DaWanda shall transmit to the Provider the DaWanda user name, the name and the billing address as stored in the Customer's user account. Insofar as the customer has provided further data in the context of his order (e.B. a different delivery address or a telephone number), these will also be transmitted.
(2) The provider processes the data referred to in paragraph 1 electronically for the proper performance of the contract, in particular for dispatch, invoicing and the booking of payments. For the purpose of shipping, the provider may also transmit the name and address of the customer to the commissioned shipping company.
(3) The provider shall keep the data stored until all mutual claims arising from the order have been completely settled and the commercial and tax retention obligations for the provider have expired.
(4) The customer may request information from the provider at any time about the data he has stored about the customer. Furthermore, the customer may request the correction of incorrect data at any time.
(5) The responsible body for data protection is the provider named in § 1 paragraph 1.
(6) Insofar as the customer uses the service of PayPal for payment, the PayPal data protection regulations apply to the payment process. PayPal acts as a vicarious agent of the customer, not of the provider.
§ 8 – Final provisions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the parties agree on the registered office of the provider as the place of jurisdiction.
(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
§ 1 – Provider, inclusion of the GTC
(1) Supplier and contractual partner for the presented goods is
Beate Dehmer
Nadorsterstrasse 22
D-26123 OLDENBURG
Phone +491715302439
E-mail beate.dehmer [!at] me.com (hereinafter referred to as "Provider").
(2) These General Terms and Conditions are an integral part of any contractual agreement between the Provider and the respective Customer. Conflicting terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the articles presented in his DaWanda shop to other DaWanda users for sale. The colour representation of the articles on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations are never technically completely avoidable.
(2) The selection of goods, the conclusion of the contract and the execution of the contract shall be carried out in German.
(3) The provider sells to customers within the EU and Switzerland.
(4) The customer selects the desired goods by placing them in the "shopping cart" or by clicking on the button "Go directly to checkout". The order request can finally be transmitted to the provider via the button "order with obligation to pay". The customer has the possibility at any time until the dispatch of his order request to view and change the data provided in the context of the order or to cancel the order completely.
(5) For the goods presented in the shop of the provider, the provider makes a binding purchase offer. By sending the order request via the button "order with obligation to pay", the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(6) The content of concluded contracts is stored in the DaWanda user account of the customer and can be viewed by the customer in the DaWanda portal at any time via the menu "My DaWanda" under the item "My purchases".
(7) In the event of impediments to delivery or other circumstances that would preclude the fulfilment of the contract, the provider shall inform the customer by e-mail.
§ 3 – Prices and payment
(1) All product prices are final prices plus shipping costs. The fees include 19% VAT.
(2) The shipping costs are listed in the respective product description in the section "Payment & Shipping".
(3) The provider delivers at the choice of the customer against advance payment by redeeming a DaWanda voucher, against advance payment by bank transfer, against advance payment by means of PayPal payment, by cash on delivery shipment or against cash payment on collection. With the confirmation of the contract, the customer receives an Internet link by e-mail, which leads him to the DaWanda area "My Purchases", which contains further information on the purchase process.
a) For payment by means of a DaWanda voucher, the customer can enter one or more voucher codes in the "My purchases" section. The voucher value is credited to the provider and the invoice amount is paid in this way. If a voucher value is higher than the invoice amount, the voucher remains valid in the amount of the excess amount.
b) If the customer has chosen "bank transfer" as the payment method, the customer will be informed of the bank details of the provider in the "My purchases" area. The provider only accepts transfers from abroad as free payments in euros.
c) If the customer has chosen "PayPal" as the payment method, he can access the online service of PayPal via the button "Click here to pay with PayPal" and can initiate the payment there.
d) If the customer has chosen "cash on delivery" as the payment method, the customer shall pay the invoice amount in cash to the deliverer, who will hand over the shipment to the customer.
e) If the customer has chosen "cash payment" as the payment method, he can pick up the goods at the registered office of the provider.
(4) For prepayment orders, a payment period of one week from receipt of the contract confirmation applies. The provider shall return the desired goods for the duration of the payment period for the customer. It is the customer's responsibility to effect his payment in time for it to be received by the provider within the deadline. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the deadline. Any payment received by the customer after withdrawal will be refunded to the customer.
§ 4 – Shipping, delivery periods
(1) The supplier delivers the goods within 4-6 working days from payment; in the case of cash on delivery, the time span is not understood from the date of payment, but from the day of the order.
(2) For products that are marked as "customizable" in the product description, the delivery time shall be increased by one week if the customer commissions such individualization.
(3) Several products ordered at the same time are delivered in a common shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a specific product with a shorter delivery time in advance, he must order this product separately.
(4) If the delivery to the customer fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery attempt will only take place if the customer assumes the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon at the time of conclusion of the contract.
(5) If the customer has chosen cash payment as the payment method, the goods will not be shipped. Instead, the customer can pick up the goods at the registered office of the provider after 2 working days after conclusion of the contract; for individualised products (see paragraph 2), the time to make available shall be extended by one week.
§ 5 – Consumer right of withdrawal
A customer who buys as a consumer is entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
§ 6 – Warranty
The warranty rights of the customer are governed by the statutory provisions.
§ 7 – Data protection information
(1) After conclusion of the contract, DaWanda shall transmit to the Provider the DaWanda user name, the name and the billing address as stored in the Customer's user account. Insofar as the customer has provided further data in the context of his order (e.B. a different delivery address or a telephone number), these will also be transmitted.
(2) The provider processes the data referred to in paragraph 1 electronically for the proper performance of the contract, in particular for dispatch, invoicing and the booking of payments. For the purpose of shipping, the provider may also transmit the name and address of the customer to the commissioned shipping company.
(3) The provider shall keep the data stored until all mutual claims arising from the order have been completely settled and the commercial and tax retention obligations for the provider have expired.
(4) The customer may request information from the provider at any time about the data he has stored about the customer. Furthermore, the customer may request the correction of incorrect data at any time.
(5) The responsible body for data protection is the provider named in § 1 paragraph 1.
(6) Insofar as the customer uses the service of PayPal for payment, the PayPal data protection regulations apply to the payment process. PayPal acts as a vicarious agent of the customer, not of the provider.
§ 8 – Final provisions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the parties agree on the registered office of the provider as the place of jurisdiction.
(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Accepted payment methods
Accepts Etsy Gift Cards and Etsy Credits
Returns & exchanges
See item details for return and exchange eligibility.
Cancellations
Cancellations: not accepted
Please contact the seller if you have any problems with your order.
Payment
§ 2 Prices and terms of payment
Our offers are subject to change and non-binding. A contract is concluded upon receipt of an order or an order, at the latest upon acceptance of the delivery by the customer. The same applies to additions, changes and ancillary agreements.
We reserve the right to confirm the conclusion of a contract by invoice.
Our prices are exclusive of shipping costs, without separate accessories, installation, training and other ancillary services, unless otherwise agreed in writing.
To demand cash payment step by step against delivery, advance payment or security and to withdraw from the contract in the event of non-performance. A payment shall only be deemed to have been made when we can dispose of the amount. In the event of default in payment, we are entitled to charge default interest at the rate of 5% above the respective base interest rate of the ECB in accordance with the Discount Reconciliation Act. Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall only be deemed to have been paid after they have been honoured. Discount and collection charges shall be borne by the customer. We assume no liability for the timely submission.
The buyer is only entitled to rights of retention if his counterclaim is based on the same contractual relationship and this has been legally established or acknowledged by us. In the case of ongoing business relationships, each individual order or order shall be deemed to be a separate contractual relationship.
We are entitled, despite the customer's provisions to the contrary, to initially offset payments against the customer's older debt. If costs have already been incurred due to interest and default, we are entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
Our offers are subject to change and non-binding. A contract is concluded upon receipt of an order or an order, at the latest upon acceptance of the delivery by the customer. The same applies to additions, changes and ancillary agreements.
We reserve the right to confirm the conclusion of a contract by invoice.
Our prices are exclusive of shipping costs, without separate accessories, installation, training and other ancillary services, unless otherwise agreed in writing.
To demand cash payment step by step against delivery, advance payment or security and to withdraw from the contract in the event of non-performance. A payment shall only be deemed to have been made when we can dispose of the amount. In the event of default in payment, we are entitled to charge default interest at the rate of 5% above the respective base interest rate of the ECB in accordance with the Discount Reconciliation Act. Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall only be deemed to have been paid after they have been honoured. Discount and collection charges shall be borne by the customer. We assume no liability for the timely submission.
The buyer is only entitled to rights of retention if his counterclaim is based on the same contractual relationship and this has been legally established or acknowledged by us. In the case of ongoing business relationships, each individual order or order shall be deemed to be a separate contractual relationship.
We are entitled, despite the customer's provisions to the contrary, to initially offset payments against the customer's older debt. If costs have already been incurred due to interest and default, we are entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
Shipping
§ 3 Delivery period
Delivery dates are non-binding, unless they are expressly agreed in writing as binding. In any case, we shall only be in default if the delay is our fault, the performance is due and the customer has unsuccessfully set us a reasonable, written grace period (at least 14 days).
The delivery period may be extended. by the time until the buyer has handed over all the information and documents necessary for the execution of the order.
Delays in delivery caused by legal or official orders (e.B import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, we will inform the buyer of the beginning and end of them.
Delivery dates shall be extended appropriately for us in the event of disruptions due to force majeure, war and war-like conditions and other obstacles for which we are not responsible, such as disruptions in self-supply by suppliers, strikes, lockouts, operational disruptions, etc.
We reserve the right to withdraw from the contract if a delay in delivery due to one of the events mentioned above lasts longer than six weeks.
If we are in default with the delivery, our liability for damages in the event of slight negligence is limited to the foreseeable damage. Further claims for damages shall only exist if the delay is based on intent or gross negligence. If the customer is an entrepreneur, in the event of slight negligence, a claim by the customer for damages due to delay in delivery is excluded, otherwise limited to the amount of the foreseeable damage, but no more than 5% of the delivery value affected by the delay in delivery.
§ 4 Delivery, dispatch, transfer of risk
Partial deliveries by us are permissible insofar as this is reasonable for the buyer.
We can determine the shipping method, the shipping route and the company commissioned with the shipment at our discretion.
The risk shall pass to the Buyer as soon as the shipment with the delivery items is handed over by the Carrier to the Buyer. The buyer must immediately complain to the forwarder or carrier of both obvious and possibly detected transport damage and then also inform us of this in order to be able to assert claims. If the buyer is an entrepreneur and a written complaint is omitted within four days of the date of delivery note, the goods shall be deemed to have been delivered properly and completely, unless it is a defect that was not recognizable during the inspection.
In the event that the goods are to be shipped to the buyer in dealings with entrepreneurs, we have fulfilled our obligation to perform with the handover of the goods to the executing transport company and the risk of accidental loss and accidental deterioration passes to the buyer.
Delivery dates are non-binding, unless they are expressly agreed in writing as binding. In any case, we shall only be in default if the delay is our fault, the performance is due and the customer has unsuccessfully set us a reasonable, written grace period (at least 14 days).
The delivery period may be extended. by the time until the buyer has handed over all the information and documents necessary for the execution of the order.
Delays in delivery caused by legal or official orders (e.B import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, we will inform the buyer of the beginning and end of them.
Delivery dates shall be extended appropriately for us in the event of disruptions due to force majeure, war and war-like conditions and other obstacles for which we are not responsible, such as disruptions in self-supply by suppliers, strikes, lockouts, operational disruptions, etc.
We reserve the right to withdraw from the contract if a delay in delivery due to one of the events mentioned above lasts longer than six weeks.
If we are in default with the delivery, our liability for damages in the event of slight negligence is limited to the foreseeable damage. Further claims for damages shall only exist if the delay is based on intent or gross negligence. If the customer is an entrepreneur, in the event of slight negligence, a claim by the customer for damages due to delay in delivery is excluded, otherwise limited to the amount of the foreseeable damage, but no more than 5% of the delivery value affected by the delay in delivery.
§ 4 Delivery, dispatch, transfer of risk
Partial deliveries by us are permissible insofar as this is reasonable for the buyer.
We can determine the shipping method, the shipping route and the company commissioned with the shipment at our discretion.
The risk shall pass to the Buyer as soon as the shipment with the delivery items is handed over by the Carrier to the Buyer. The buyer must immediately complain to the forwarder or carrier of both obvious and possibly detected transport damage and then also inform us of this in order to be able to assert claims. If the buyer is an entrepreneur and a written complaint is omitted within four days of the date of delivery note, the goods shall be deemed to have been delivered properly and completely, unless it is a defect that was not recognizable during the inspection.
In the event that the goods are to be shipped to the buyer in dealings with entrepreneurs, we have fulfilled our obligation to perform with the handover of the goods to the executing transport company and the risk of accidental loss and accidental deterioration passes to the buyer.
Additional policies and FAQs
§ 7 Retention of title
We reserve title to the purchased item until full payment of all, including future claims from the delivery contract and beyond from the entire business relationship with the customer, including ancillary claims (e.B. exchange costs, financing costs, interest, etc.). In the event of breach of contract by the buyer, we are entitled to demand the return of the purchased item. The taking back or seizure of the reserved item does not constitute a withdrawal from the contract.
The customer is not permitted to pledge or assign the goods subject to retention of title by way of security. In the event of seizures or other interventions by third parties, the buyer shall point out our ownership and notify us immediately in writing.
A combination, mixing, processing or transformation of the purchased item by the buyer is always carried out for us. In this case, we acquire co-ownership of the finished goods or the new item, which corresponds to the ratio of the value of the reserved goods to the value of the finished goods or the new item. The same shall apply to the item resulting from combination, mixing, processing or transformation as to the reserved goods. If the combination or mixing took place in such a way that the buyer's item is to be regarded as the main item, it shall be deemed agreed that the buyer transfers proportionate co-ownership to us. The buyer shall keep the sole ownership or co-ownership for us.
We undertake to release the securities to which we are entitled at the request of the buyer to the extent that the value of our securities exceeds the claims to be secured by more than 10%.
The buyer is not entitled to resell the goods in the ordinary course of business. However, if the company Stadtkind has given written permission to do so, i.e. the buyer acts as a reseller, then he hereby assigns all claims against his customer or third parties from the resale in the amount of the final invoice amount (including VAT) to the company Stadtkind. The buyer is authorized to collect the claim after its assignment. Our right to collect the claim ourselves remains unaffected by this; however, we undertake not to collect the claim as long as the buyer duly meets his payment obligations and is not in default of payment. However, if this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and notifies the debtors (third parties) of the assignment. If the goods are software, § 9 expressly applies.
In dealings with entrepreneurs, we reserve title to the delivery item until receipt of all payments from the business relationship with the buyer. The retention of title then also extends to the recognized balance, insofar as we post claims against the customer in current account (current account reservation). In dealings with entrepreneurs, the goods owned by us for the duration of the retention of title must be insured by the buyer against fire, water, theft and burglary. The rights arising from these insurances are assigned to us. We accept this assignment.
§ 8 Warranty / Exclusion of Liability
We guarantee for a period of 24 months from the date of delivery that the delivery items are free of defects according to the respective state of the art. Liability for normal wear and tear is excluded. In the case of used goods, the warranty period is 12 months from the date of delivery.
We assume no liability for defects and damages resulting from unsuitable or improper use, non-observance of application instructions or incorrect or negligent handling. This applies in particular to non-compliance with the care instructions, unless the buyer proves that these circumstances are not the cause of the defect complained of.
Obvious defects must be reported in writing immediately, but no later than seven working days after receipt of the delivery; otherwise, all claims for defects are excluded. In commercial transactions, §§377, 387 HGB (German Commercial Code) also apply.
If a defect in the purchased item occurs within one year of the date of delivery, the consumer is entitled, at his discretion, to assert a right to remedy the defect or to make a new delivery (subsequent performance). In the context of the new delivery, the exchange for higher-quality products is already considered accepted. If the selected type of supplementary performance is associated with disproportionately high costs, the claim is limited to the remaining type of supplementary performance. Further rights, in particular the cancellation of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or the two failures of the supplementary performance.
After the end of the first year, the claim is usually limited to rectification, since the costs incurred are usually disproportionately high in an industry-specific manner (§439 II BGB). Should we make an exchange for a higher-quality product as part of the rectification, this shall already be deemed accepted. Further rights, in particular the cancellation of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or the two failures of the supplementary performance.
If the buyer is an entrepreneur, we are entitled to remedy the defect or make a new delivery within one year of the delivery date at our discretion within the meaning of §439 BGB (German Civil Code). After one year from the date of delivery, his warranty claims shall be limited to remedying the defect or crediting the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of §478 II BGB, this is limited to a maximum of 2% of the original value of the goods. Claims that go back to §478 BGB are waived by the 24-month warranty for entrepreneurs according to §8 2nd paragraph and §8 5th paragraph in the sense of equivalent compensation according to §478 IV S.1 BGB.
No new warranty/guarantee periods come into force as a result of an exchange within the scope of the warranty/guarantee; § 203 remains unaffected.
Unless expressly agreed otherwise, further claims of the buyer - regardless of the legal grounds - are excluded. We are therefore not liable for damage that has not occurred directly to the delivery item; in particular, we are not liable for lost profits or other financial losses of the buyer. The above exemption from liability does not apply if the damage is based on intent, gross negligence or lack of a warranted characteristic, violation of essential contractual obligations, delay in performance, impossibility, as well as claims according to §§1, 4 of the Product Liability Act. We are not liable for the restoration of data, unless we have caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
The buyer is obliged to allow us to inspect the delivery item designated by him as defective.
§ 9 Other agreements
We are entitled to process all data relating to business relationships with the buyer in accordance with the Federal Data Protection Act.
In principle, the buyer must obtain the necessary permits for the export of the delivered goods. The refusal of such an export permit does not entitle the buyer to withdraw from the contract.
Place of performance and place of jurisdiction is generally Potsdam for all resulting legal disputes, if the customer is a merchant, it is a legal entity under public law or it is a special fund under public law. We are also entitled to sue at any other legal venue.
If the customer is an entrepreneur, he is not entitled to assign his claims under this contract.
Should individual provisions of the delivery contract or these General Terms and Conditions be or become invalid, the remaining provisions shall continue to be effective. In cross-border delivery traffic, German law applies.
We reserve title to the purchased item until full payment of all, including future claims from the delivery contract and beyond from the entire business relationship with the customer, including ancillary claims (e.B. exchange costs, financing costs, interest, etc.). In the event of breach of contract by the buyer, we are entitled to demand the return of the purchased item. The taking back or seizure of the reserved item does not constitute a withdrawal from the contract.
The customer is not permitted to pledge or assign the goods subject to retention of title by way of security. In the event of seizures or other interventions by third parties, the buyer shall point out our ownership and notify us immediately in writing.
A combination, mixing, processing or transformation of the purchased item by the buyer is always carried out for us. In this case, we acquire co-ownership of the finished goods or the new item, which corresponds to the ratio of the value of the reserved goods to the value of the finished goods or the new item. The same shall apply to the item resulting from combination, mixing, processing or transformation as to the reserved goods. If the combination or mixing took place in such a way that the buyer's item is to be regarded as the main item, it shall be deemed agreed that the buyer transfers proportionate co-ownership to us. The buyer shall keep the sole ownership or co-ownership for us.
We undertake to release the securities to which we are entitled at the request of the buyer to the extent that the value of our securities exceeds the claims to be secured by more than 10%.
The buyer is not entitled to resell the goods in the ordinary course of business. However, if the company Stadtkind has given written permission to do so, i.e. the buyer acts as a reseller, then he hereby assigns all claims against his customer or third parties from the resale in the amount of the final invoice amount (including VAT) to the company Stadtkind. The buyer is authorized to collect the claim after its assignment. Our right to collect the claim ourselves remains unaffected by this; however, we undertake not to collect the claim as long as the buyer duly meets his payment obligations and is not in default of payment. However, if this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and notifies the debtors (third parties) of the assignment. If the goods are software, § 9 expressly applies.
In dealings with entrepreneurs, we reserve title to the delivery item until receipt of all payments from the business relationship with the buyer. The retention of title then also extends to the recognized balance, insofar as we post claims against the customer in current account (current account reservation). In dealings with entrepreneurs, the goods owned by us for the duration of the retention of title must be insured by the buyer against fire, water, theft and burglary. The rights arising from these insurances are assigned to us. We accept this assignment.
§ 8 Warranty / Exclusion of Liability
We guarantee for a period of 24 months from the date of delivery that the delivery items are free of defects according to the respective state of the art. Liability for normal wear and tear is excluded. In the case of used goods, the warranty period is 12 months from the date of delivery.
We assume no liability for defects and damages resulting from unsuitable or improper use, non-observance of application instructions or incorrect or negligent handling. This applies in particular to non-compliance with the care instructions, unless the buyer proves that these circumstances are not the cause of the defect complained of.
Obvious defects must be reported in writing immediately, but no later than seven working days after receipt of the delivery; otherwise, all claims for defects are excluded. In commercial transactions, §§377, 387 HGB (German Commercial Code) also apply.
If a defect in the purchased item occurs within one year of the date of delivery, the consumer is entitled, at his discretion, to assert a right to remedy the defect or to make a new delivery (subsequent performance). In the context of the new delivery, the exchange for higher-quality products is already considered accepted. If the selected type of supplementary performance is associated with disproportionately high costs, the claim is limited to the remaining type of supplementary performance. Further rights, in particular the cancellation of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or the two failures of the supplementary performance.
After the end of the first year, the claim is usually limited to rectification, since the costs incurred are usually disproportionately high in an industry-specific manner (§439 II BGB). Should we make an exchange for a higher-quality product as part of the rectification, this shall already be deemed accepted. Further rights, in particular the cancellation of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or the two failures of the supplementary performance.
If the buyer is an entrepreneur, we are entitled to remedy the defect or make a new delivery within one year of the delivery date at our discretion within the meaning of §439 BGB (German Civil Code). After one year from the date of delivery, his warranty claims shall be limited to remedying the defect or crediting the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of §478 II BGB, this is limited to a maximum of 2% of the original value of the goods. Claims that go back to §478 BGB are waived by the 24-month warranty for entrepreneurs according to §8 2nd paragraph and §8 5th paragraph in the sense of equivalent compensation according to §478 IV S.1 BGB.
No new warranty/guarantee periods come into force as a result of an exchange within the scope of the warranty/guarantee; § 203 remains unaffected.
Unless expressly agreed otherwise, further claims of the buyer - regardless of the legal grounds - are excluded. We are therefore not liable for damage that has not occurred directly to the delivery item; in particular, we are not liable for lost profits or other financial losses of the buyer. The above exemption from liability does not apply if the damage is based on intent, gross negligence or lack of a warranted characteristic, violation of essential contractual obligations, delay in performance, impossibility, as well as claims according to §§1, 4 of the Product Liability Act. We are not liable for the restoration of data, unless we have caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
The buyer is obliged to allow us to inspect the delivery item designated by him as defective.
§ 9 Other agreements
We are entitled to process all data relating to business relationships with the buyer in accordance with the Federal Data Protection Act.
In principle, the buyer must obtain the necessary permits for the export of the delivered goods. The refusal of such an export permit does not entitle the buyer to withdraw from the contract.
Place of performance and place of jurisdiction is generally Potsdam for all resulting legal disputes, if the customer is a merchant, it is a legal entity under public law or it is a special fund under public law. We are also entitled to sue at any other legal venue.
If the customer is an entrepreneur, he is not entitled to assign his claims under this contract.
Should individual provisions of the delivery contract or these General Terms and Conditions be or become invalid, the remaining provisions shall continue to be effective. In cross-border delivery traffic, German law applies.