General Terms and Conditions of the Webshop of DELTA DORE RADEMACHER GmbH

(Status May 2023)

§1 Scope of application

These General Terms and Conditions ("GTC") shall apply to the web store of DELTA DORE RADEMACHER GmbH, Buschkamp 7, D-46414 Rhede/Westphalia (the "Provider"), which is operated at www.homepilot-smarthome.com (the "Website"), and shall apply to all contracts concluded with customers via the web store in accordance with 4.
These GTC apply in the version valid at the time of the conclusion of a purchase contract.
These GTC apply to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
the present general terms and conditions apply exclusively to the sales contracts. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized by the supplier unless the supplier has expressly agreed to their validity in writing. The present General Terms and Conditions shall also apply if the supplier carries out the delivery to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from the present General Terms and Conditions.

§2 Data protection

the supplier collects data of the customer in the context of the completion of contracts. The provider observes in particular the provisions of the DSGVO, the Federal Data Protection Act and the Telemedia Act. 2.
otherwise, with regard to the treatment of personal data, reference is made to the privacy policy (https://en.homepilot-smarthome.com/privacy-policy).

3 Registration as a customer

customers can register on the website free of charge. A claim for admission to the web store of the provider does not exist. Only persons with unlimited legal capacity are entitled to register. At the request of the provider, the customer must send a copy of his identity card to verify the age.
the data necessary for the registration are to be indicated completely and truthfully. With the registration, the customer has to provide the information marked as mandatory and to choose a password. The registered e-mail address and the stored password are required for the login. The customer is obligated to keep the password secret and not to disclose it to third parties under any circumstances.
The registration is - apart from the agreement with the present terms and conditions - not connected with any obligations. The creation of a user account does not create any obligation to purchase.

§4 Conclusion of contract

the presentation of the goods by the provider does not constitute a binding offer.
The customer can select from the range of products of the provider, especially document covers, and collect them in a so-called shopping cart. By clicking the button "buy now" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these Terms and Conditions by placing a check mark in the appropriate checkbox and has thereby included them in his application.
The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).

§5 Delivery, availability of goods

the indicated delivery times calculate themselves from the time of the confirmation of order by the offerer. Unless otherwise stated in the webshop and subject to paragraph (3), the delivery time is 5 days.
If at the time of the order no copies of the product selected by the customer are available, the provider will inform the customer immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
If the product specified in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation. Notwithstanding the legal right of withdrawal according to § 10 of these GTC, the customer has the right to withdraw from the contract in case of a delay in delivery of more than two weeks. In this case, the supplier is also entitled to withdraw from the contract. In this case, the provider will immediately refund any payments already made by the customer.
if the non-observance of delivery periods is due to force majeure, e.g. mobilization, war, riot, epidemics or similar events, e.g. strike or lockout, the periods shall be extended appropriately.
deliveries are made exclusively to Germany.

§6 Prices and payment

The prices stated on the website for the products shall apply.
The prices are inclusive of VAT, ex works excluding packaging, shipping costs and transport costs. Costs of packaging, shipping costs and transport costs will be invoiced separately. Possible import duties and taxes will be paid additionally by the recipient.
Payment is possible by credit card (Visa, Mastercard, Maestro), PayPal, Sofort, giropay and by secured invoice purchase (Unzer Rechnung).
the currency is exclusively euro.
to process payments via this website using the following payment methods, the provider uses Unzer E-Com GmbH, Vangerwostraße 18, 69115 Heidelberg, Germany ("Unzer") to forward and process payments with the respective payment providers: credit card (Visa, Mastercard, Maestro), Paypal (except Paypal Express), Klarna Sofort, giropay and secured invoice purchase. For all payment methods, personal data of the customer is transmitted to Unzer, which in turn forwards it to the respective payment service providers. The transmission of data to Unzer is necessary for the fulfillment of the contract and acceptance of customer orders. In the case of secured invoice purchase (whose permissible order volume can be limited by the provider at its discretion), the purchase price is due after the goods have been delivered and invoiced. A prerequisite for this payment method is a successful credit check by Unzer, after which the purchase price claim is assigned to Unzer and further payment processing is thus also carried out by Unzer. However, the provider remains the customer's contact for general questions regarding the purchase contract. In the case of the other payment methods, a forwarding to Unzer does not take place. Further information on data processing by Unzer can be found in the privacy policy (https://en.homepilot-smarthome.com/privacy-policy)

§7 Offsetting and rights of retention

The customer has the right to offset only if his counterclaims are legally established or undisputed. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§8 Retention of title

The supplier retains ownership of the delivered goods until full payment of all claims arising from the delivery contract.
the customer is obligated, as long as the property is not yet transferred to him, to treat the purchase thing carefully. As long as the property has not yet passed to him, the customer has to inform the supplier immediately in writing if the delivered object is seized or exposed to other interventions by third parties. A prerequisite for this payment method is a successful credit check by Unzer, after which the purchase price claim is assigned to Unzer and further payment processing is thus also carried out by Unzer. However, the provider remains the customer's contact for general questions regarding the purchase contract. In the case of the other payment methods, a forwarding to Unzer does not take place. Further information on data processing by Unzer can be found in the privacy policy (https://en.homepilot-smarthome.com/privacy-policy).

§9 Warranty and notice of defects and recourse / manufacturer recourse

Warranty claims expire in 24 months after delivery of the goods to the customer.
Deficiency claims do not exist for consumers in the case of damage that occurred after the transfer of risk as a result of incorrect or negligent handling or due to excessive use by the customer.
an additional guarantee exists for the goods delivered by the provider only if this was expressly given in the operating instructions and / or the product page of the webshop to the respective article.
secured purchase on account (the permissible order volume of which may be limited by the Provider at its discretion), the purchase price becomes due after the goods have been delivered and invoiced. Prerequisite for this payment method is a successful credit check by Unzer, after which the purchase price claim is assigned to Unzer and the further payment processing is thus also done through Unzer. However, the provider remains the customer's contact for general questions regarding the purchase contract. In the case of the other payment methods, a forwarding to Unzer does not take place. Further information on data processing by Unzer can be found in the privacy policy (https://en.homepilot-smarthome.com/privacy-policy).

§10 Right of withdrawal of the consumer

The customer is entitled to a right of revocation if he is a consumer. With regard to the prerequisites and legal consequences of the revocation, reference is made to the revocation instruction in the appendix. In the event of a revocation, the customer shall bear the direct costs of returning the goods.

§11 Limitation of liability

The provider is liable for intent and gross negligence.
Furthermore, the Provider is liable for the slightly negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer may regularly rely ("cardinal obligations"). The Provider shall also be liable in the event of a slightly negligent breach of obligations in connection with warranted characteristics. In the two aforementioned cases, however, liability is limited to the damage foreseeable at the time of conclusion of the contract. Otherwise, liability for slight negligence is excluded.
Liability in the event of injury to life, limb and health, in the event of defects that were fraudulently concealed, as well as from separately issued guarantees and mandatory regulations, in particular the Product Liability Act, shall remain unaffected.
The above limitations of liability shall also apply in favor of employees, organs and other vicarious agents of the supplier.

§12 Intellectual property

With the exception of data imported by the customer or by a third party who has authorized the Provider to use them, the Provider holds the rights to the products, to its shop and to each of the elements that make it up, in particular the graphic charter, data, software, texts, slogans, logos, photographs, trademarks, commercial documentation for the Provider products, installation and user instructions for the Provider products, which are protected by intellectual property law, in particular copyright, design rights and/or trademark law.
In this respect only the reproduction and use, on a paper or computer medium, of the Shop is authorised, provided that it is strictly reserved for personal use, excluding any use for advertising and/or commercial and/or information purposes. Any other use of the Shop or of any of its elements constitutes an infringement of the Provider's intellectual property rights and is strictly prohibited, subject to prior and express authorization from the Provider.

§13 Reference to EU dispute resolution platform

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. The contact details of the provider can be found in the imprint. The provider is not obliged to participate in a dispute resolution procedure and does not offer this voluntarily.

§14 Miscellaneous

This contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected with respect to the consumer.
The place of performance and exclusive place of jurisdiction for all disputes arising from this contract between the consumer and the Provider, is the legally competent court under the conditions of common law.
All agreements made between the parties for the purpose of executing this contract are set down in writing in this contract.

in the event that provisions contained in this contract or added to it at a later date are or become wholly or partially invalid or unenforceable for reasons other than those set out in the provisions on general terms and conditions in sections 305 to 310 of the German Civil Code (BGB), the validity of the other provisions of the contract shall remain unaffected; section 139 of the BGB is expressly excluded. In place of the effective or unenforceable provision, an appropriate provision shall then apply which, to the extent legally possible, comes as close as possible to the economic intention and purpose of the invalid provision. This shall also apply in the event of loopholes.

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

In order to exercise your right of cancellation, you must inform us (DELTA DORE RADEMACHER GmbH, Buschkamp 7, D-46414 Rhede/Westphalia, e-mail: service.de@homepilot-smarthome.come, Tel.: +49 2872 933-283, Fax: +49 2872 933-253) of your decision to cancel this contract by means of a clear declaration (e.g. verbally or in writing by letter, fax or e-mail sent by post). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

End of the declaration of revocation