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Conditions of Use

Standard Business Terms and customer information
I. Standard business terms
§ 1
Basic provisions
The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Hubert Armbruster) via the website. Unless otherwise agreed upon, the inclusion, if
necessary, of your own conditions is ruled out.
 A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally
responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or
commercial activity.
§ 2
Conclusion of the contract
The subject-matter of the contract is the selling of products.
Our offers on the website are non-binding and are not a binding offer to conclude a contract.
You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase
are stored in the ‘Shopping cart’. You can use the respective button in
the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has
been called up and the respective personal data and payment and shipping conditions have been entered, all
the order data is displayed again on the order overview page.
Before the order is sent, you can re-check all
the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are
considered to have made a binding offer to us.
The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after
placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order
acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be
bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.
You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We
supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
The execution of the order and the sending of all the details necessitated by the conclusion of the contract
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail
address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3
Special agreements related to the offered payment methods
Payment by “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
For payment methods like “secupay credit card”, “secupay direct debit” or “secupay purchase on account”, we
irrevocably and fully cede our payment claim against you to secupay AG Goethestr. 6, 01896 Pulsnitz. Before
accepting the transfer, secupay AG shall undertake a credit check, using the data provided during the order.
We reserve the right to refuse your selected form of payment as a result of the credit check. You will be
informed about this prior to the dispatch of your order.
If the “secupay credit card” or “secupay direct debit” form of payment is permitted, secupay AG accepts the
cession and subsequently collects the payment via your credit card or a direct debit operation associated with
your account. The debiting of your bank account or credit card account takes place upon completion of the
With the approval of the “secupay purchase on account” form of payment, secupay AG accepts the cession,
and the ordered product is delivered or dispatched to you along with the bill. The purchase price is payable to
secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after the products are delivered
§ 4
Right of retention
, reservation of proprietary rights
You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
The goods remain our property until the purchase price is paid in full.
If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have
been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security
before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all
the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling
operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question.
However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right
to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we
acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists
between the invoice value of the goods subject to retention of title and the other processed items at the time
of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
§ 5
The statutory warranty rights are applicable.