Terms & Conditions & Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (DMN Technology GmbH) via the https://gloriaforce.com/factory-store/ website. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods. The delivery area is Germany.
(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored 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 the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant bank transfer) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will select or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of 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 (unless otherwise specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it 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 arising 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 shall apply in addition:
a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. They are also authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 to the extent that 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 up to us.
§ 4 Warranty
(1) The statutory liability rights for defects exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the contractual declaration by us prior to the submission of the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to have been agreed upon as the nature of the goods, but not other advertising, public praises and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by means of repair or subsequent delivery. If the remedy of the defect fails, you can demand a reduction or withdraw from the contract at your discretion. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the goods or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
- in the case of objects that have been used for a building in accordance with their usual use and have caused its defectiveness;
- in the event of statutory recourse claims that you have against us in connection with defect rights.
§ 3 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
- Customer information1. Identity of the seller
DMN Technology GmbH
Gräfin-Ernestinestr. 40
33397 Rietberg
Germany
E-mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
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 "Formation of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The language of the contract is German.
3.2. We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include 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 corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transmission fees (transfer or exchange rate fees of the credit institutions), which must be borne by you.
5.4. Costs incurred in the transmission of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under 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 sold item during shipment does not occur until the goods are handed over. It is overridden, 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 or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment is at your risk.
Statutory Liability for Defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by Händlerbund's lawyers specialising in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period for a sales contract is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you who is not the carrier has taken possession of the last goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last partial shipment or piece.
In the case of a contract for the regular delivery of goods over a specified period of time, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the first goods.
To exercise your right of withdrawal, you must contact us
DMN Technology GmbH, E-Mail: [email protected]
ofyour decision to withdraw from this Agreement. You can use the attached model withdrawal form for this, but it is not mandatory.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
You must return the goods without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract to DMN Technology GmbH, postal number: 1016895803, Packstation: 154, Westerwieher Str. 46, 33397 Rietberg. The deadline is met if you send the goods before the expiry of the fourteen day period. We do not bear the costs of returning the goods.
End of the cancellation policy
The right of revocation vis-à-vis DMN Technology GmbH does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- contracts for the supply of goods, if they have been inseparably mixed with other goods after delivery due to their nature,
- Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Sample withdrawal form
If you want to withdraw from the contract, please use our digital withdrawal form: Digital withdrawal form
You can also withdraw from your contract by filling out this form and returning it to us by email:
To
Email: [email protected]
revocation
I/we (*) hereby withdraw from the contract entered into by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
________________________________________________________
________________________________________________________
________________________________________________________
Bestellnummer / Order: ______________________________________
Ordered on (*)/received on (*): ________________________________
Name of consumer(s): ________________________________
Address of consumer(s): _____________________________
________________________________________
Signature of the consumer(s)
(only if notified on paper)
date:__________________________________
(*) Delete as appropriate
Final provisions
(1) These General Terms and Conditions are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and DMN Technology GmbH is the registered office of DMN Technology GmbH.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any.
(4) The German language is available for the conclusion of the contract.
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© 2020 DMN Technology GmbH; Last updated: 01.01.2022
