General Terms and Conditions

§ 1 Scope, Definitions

(1) DeafVentures – Patrick Bauer, Pia Boni, Marie Kohlen GbR, Suhrendorf 10, 18569 Ummanz, Germany (hereinafter: ‘we’ or ‘DeafVentures’) operates an online shop for goods, digital products and services via the website https://deafventures.de. The following general terms and conditions apply to all transactions between us and our customers (hereinafter: ‘customer’ or ‘you’) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) ‘Consumer’ within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. ‘Trader’ means a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://deafventures.de.

(2) Our product descriptions on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order via our online shop, the following provisions apply: The customer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods, digital goods or service(s),
2. Adding the products by clicking the relevant button (e.g. ‘Add to basket’, ‘Add to shopping bag’ or similar),
3. Checking the details in the shopping basket,
4. Accessing the order summary by clicking the relevant button (e.g. ‘Proceed to Checkout’, ‘Proceed to Payment’, ‘View Order Summary’ or similar),
5. Entering/checking your address and contact details, selecting a payment method, and confirming the Terms and Conditions and the Cancellation Policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Confirm the shortened limitation period for the purchase of second-hand goods,
8. Completion of the order by clicking the ‘Buy now’ button. This constitutes your binding order.
9. The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.

(4) If the contract is concluded, it is concluded with DeafVentures – Patrick Bauer, Pia Boni, Marie Kohlen GbR, Suhrendorf 10, 18569 Ummanz, Germany.

(5) Before placing your order, you may print out the contract details using your browser’s print function or save them electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the Terms and Conditions and the cancellation policy, takes place via email after you have placed the order, partly automatically. We do not store the text of the contract after it has been concluded.

(6) Input errors can be corrected using the standard keyboard, mouse and browser functions (e.g. the browser’s ‘Back’ button). They can also be corrected by cancelling the ordering process early, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place via email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. You can find the specific goods on offer on our product pages.
2. The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods on offer on our product pages.
3. The provision of services. The specific services on offer can be found on our product pages.

(2) The essential characteristics of the goods, digital goods and services are set out in the product description. Where the agreed quality of the goods differs from their usual quality and conditions of use, this is expressly stated in the product description (agreement on negative characteristics). Insofar as the customer has given their express consent to the deviation from the agreed characteristics, this defines the subject-matter of the contract.

(3) The sale of digital products is subject to the restrictions set out in the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject-matter of the contract is limited to the private and commercial use of the products, without the right to resell or sub-license them.

§ 4 Prices, delivery charges and delivery

(1) The prices and delivery charges stated in the respective offers are total prices and include all price components, including any applicable taxes.

(2) The relevant purchase price must be paid before the product is delivered (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a button labelled accordingly in the online shop or in the relevant offer. Unless otherwise stated for the individual payment methods, payment is due immediately.

(3) For purchases on account, the minimum order value for this payment method is [ Platziere den Wert für agbs_v2_rechnung_min ].

(4) In addition to the prices quoted, delivery charges may apply for the delivery of products, unless the relevant item is marked as free of delivery charges. The delivery charges will be clearly stated again in the offers, in the shopping basket system where applicable, and on the order summary.

(5) Unless clearly stated otherwise in the product description, all products on offer are ready for dispatch immediately (delivery time: [ Platziere den Wert für default_delivery_time_text ]) upon receipt of payment or, in the case of purchase on account, upon receipt of the order.

(6) The following delivery area restrictions apply: Deliveries are made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Cyprus, Austria.

(7) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial delivery if you validly exercise your right of withdrawal. Where you validly exercise your right of withdrawal, the provisions set out by us in the withdrawal policy shall apply to the costs of returning the goods.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention in so far as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Language of the Contract

The contract shall be drawn up exclusively in German.

§ 8 Liability

(1) Subject to the exceptions set out below, our liability for breaches of contractual obligations and for tort is limited to cases of wilful misconduct or gross negligence.

(2) We shall be liable without limitation in cases of slight negligence where there is injury to life, limb or health, or where an essential contractual obligation has been breached. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss shall be limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which you may reasonably rely. This includes, in particular, our duty to take action and to fulfil the contractual obligation described in § 3.

(3) If, when purchasing goods containing digital elements or when purchasing digital products (digital content and services), to install, within a reasonable period, an update that has been made available to them and of which they have been informed, we shall not be liable for any material defect attributable solely to the absence of that update.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) In the case of the purchase of second-hand goods, the warranty period is 12 months.

(3) For business customers, the warranty period for delivered goods is 12 months.

(4) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

(3) Where the customer is a trader, a legal person governed by public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the supplier’s registered office.

(4) [gzd_complaints text_only=yes]