General Terms and Conditions and Customer Information
General Terms and Conditions and 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 the provider ( DIAVON GmbH ) via the website https://diavon.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing 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 item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your shopping cart. You can access the shopping cart and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to Order" button (or similar name) and entering your personal information as well as the payment and shipping terms, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your 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, make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser), or cancel the order.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Individually designed goods
(1) You will provide us with the appropriate information, texts, or files required for the customization of the goods via the online ordering system or by email, at the latest immediately after the conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.
(4) If specified in the respective offer, we will send you a proof copy, which you must review immediately. If you agree with the draft, you will authorize the proof copy for execution by countersigning it in text form (e.g., by email).
The design work will not be carried out without your approval.
You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We assume no liability for errors not reported.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
(2) Payment via "Stripe"
If you select a payment method offered by "Stripe," payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods offered by "Stripe" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de .
§ 5 Right of retention , retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery 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 not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
DIAVON GmbH
Main Street 42
97332 Volkach
Germany
Phone: +49 93815242280
Email: info@diavon.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/ kaeufersiegel-zertifizierungskriterien.pdf .
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
6.2. There are no shipping costs.
6.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last updated: 22.10.2024
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( DIAVON GmbH ) via the website https://diavon.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing 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 item description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your shopping cart. You can access the shopping cart and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to Order" button (or similar name) and entering your personal information as well as the payment and shipping terms, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your 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, make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Individually designed goods
(1) You will provide us with the appropriate information, texts, or files required for the customization of the goods via the online ordering system or by email, at the latest immediately after the conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.
(4) If specified in the respective offer, we will send you a proof copy, which you must review immediately. If you agree with the draft, you will authorize the proof copy for execution by countersigning it in text form (e.g., by email).
The design work will not be carried out without your approval.
You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We assume no liability for errors not reported.
§ 4 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
(2) Payment via "Stripe"
If you select a payment method offered by "Stripe," payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods offered by "Stripe" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de .
§ 5 Right of retention , retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery 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 not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
DIAVON GmbH
Main Street 42
97332 Volkach
Germany
Phone: +49 93815242280
Email: info@diavon.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/ kaeufersiegel-zertifizierungskriterien.pdf .
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
6.2. There are no shipping costs.
6.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last updated: 22.10.2024
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