corpuls Online-Shop

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Protection of Minors / Age Verification

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Werbemittelagentur Hagemann GmbH (hereinafter “Seller”) shall apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By clicking the button concluding the order process after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart. The Customer may also submit the offer to the Seller by fax or email.

2.3 The Seller may accept the Customer’s offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button concluding the order process they simultaneously issue a payment instruction to their payment service provider. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button concluding the order process, deviating from Section 2.3.

2.5 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the dispatch of the offer.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted, together with these GTC. In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account before submitting the order.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer may continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and may also be corrected there using the usual keyboard and mouse functions.

2.8 The contract shall be concluded exclusively in the German language.

2.9 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s offer, the prices indicated are final prices and include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties).

4.3 Various payment methods are available to the Customer, which are specified in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.

4.5 If payment by invoice is selected, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to carry out a credit check when payment by invoice is selected and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 Goods shall be delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance.

5.3 The risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer or an authorized recipient upon handover. If the Customer acts as an entrepreneur, the risk shall pass, in the case of shipment, upon delivery of the goods to a suitable transport person at the Seller’s place of business.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and any consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

6.1 In relation to consumers, the Seller reserves title to the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller in advance all claims arising from such resale against third parties in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for Defects (Warranty)

If the purchased item is defective, the statutory provisions shall apply. Deviating from this, the following shall apply to goods that have not been used in accordance with their usual purpose for a building and have not caused its defectiveness:

7.1 For Entrepreneurs

An insignificant defect shall generally not give rise to claims for defects.
The Seller shall have the choice of the type of subsequent performance.
For new goods, the limitation period for defects shall be one year from the transfer of risk.
For used goods, rights and claims due to defects are generally excluded.
The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 For Consumers
The limitation period for claims for defects shall be:

Two years from delivery of the goods to the Customer in the case of new goods.
One year from delivery of the goods to the Customer in the case of used goods, subject to Section 7.3.

7.3 The above limitations of liability and limitation periods in Sections 7.1 and 7.2 shall not apply to claims for damages and reimbursement of expenses which the Buyer may assert under statutory provisions due to defects in accordance with Section 8.

7.4 For entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in cases of intentional breach of duty and fraudulent concealment of a defect.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller thereof. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

7.7 If subsequent performance is carried out by way of replacement delivery, the Customer is obliged to return the goods first delivered to the Seller within 30 days at the Seller’s expense. The return of the defective goods must be carried out in accordance with statutory provisions.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

in cases of intent or gross negligence,
in cases of negligent or intentional injury to life, body, or health,
on the basis of a guarantee promise, unless otherwise regulated,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to Section 8.1. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to bring proceedings before the court at the Customer’s place of business.

10) Protection of Minors / Age Verification

Orders from the category “Wine & More” may only be placed by persons who have reached the age of 16.

By placing an order from this category, the Customer confirms that they have reached the legally required minimum age.

The Seller reserves the right to take appropriate measures to verify the Customer’s age and to refuse delivery if there are justified doubts regarding legal age or compliance with the minimum age requirement.