Terms of service
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 (Lukas Biermann) via the website www.overlandingshop.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly 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 and/or the provision of assembly services.
(2) The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as a basis for the customer to submit a binding offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "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, giropay) as your payment method, you will be redirected either to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you can make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider 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 using the "back" function of your internet browser), or cancel the order.
By submitting your order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar), you declare your legally binding acceptance of the offer.
The purchase contract is concluded upon dispatch of the goods or acceptance of 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 the order 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 email receipt is technically secure, and, in particular, that it is not blocked by spam filters.
§ 3 Provision of Services for Assembly Services
(1) If assembly services are the subject of the contract, we are responsible for the assembly work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.
(2) The services will be provided by the agreed dates.
(3) You are obligated to cooperate. In particular, you must provide the opportunity to access the premises in a walkable and reasonably hazard-free condition at the time the assembly services are provided. Furthermore, you are obligated to provide us with electrical power and, if necessary, water, as necessary. We are entitled to terminate the contract for the provision of assembly services in accordance with § 643 of the German Civil Code (BGB) if you fail to fulfill your obligations to cooperate. We will set you a reasonable period of time during which you can provide the necessary cooperation.
(4) If you exercise your right of termination pursuant to Section 648, Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation after the expiry of the cancellation period. You reserve the right to prove that we have actually received h no or significantly lower costs were incurred.
§ 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 via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (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 "Mollie"
If you select a payment method offered by "Mollie," payment processing will be carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Mollie" can be found at https://www.mollie.com/de.
§ 5 Right of Retention, Retention of Title
(1) You may 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.
§ 6 Warranty
(1) The statutory warranty rights apply.
(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 agreed upon if you were informed of this by us prior to the conclusion of the contract and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Choice of Law
(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Lukas Biermann
Silbkestraße 36
59581 Warstein
Germany
Phone: +4915128107734
Email: info@overlandingshop.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are subject to the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser's print function or save them electronically. After we receive your 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 of 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 Händlerbund Management AG Buyer Seal quality criteria, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.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 methods
6.1. The prices listed in the respective offersThe prices listed and shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (credit transfer or exchange rate fees), which you must bear.
6.4. Any costs incurred for money transfer (credit transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state but payment was made outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due 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 shipping only passes to you upon handover 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 entrepreneur 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).
9. Termination
9.1. Information on terminating the contract and the termination conditions can be found in the provisions on "Installation Services" in our General Terms and Conditions (Part I) and in the respective offer.
These General 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 warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2023
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 (Lukas Biermann) via the website www.overlandingshop.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly 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 and/or the provision of assembly services.
(2) The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as a basis for the customer to submit a binding offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "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, giropay) as your payment method, you will be redirected either to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you can make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider 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 using the "back" function of your internet browser), or cancel the order.
By submitting your order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar), you declare your legally binding acceptance of the offer.
The purchase contract is concluded upon dispatch of the goods or acceptance of 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 the order 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 email receipt is technically secure, and, in particular, that it is not blocked by spam filters.
§ 3 Provision of Services for Assembly Services
(1) If assembly services are the subject of the contract, we are responsible for the assembly work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.
(2) The services will be provided by the agreed dates.
(3) You are obligated to cooperate. In particular, you must provide the opportunity to access the premises in a walkable and reasonably hazard-free condition at the time the assembly services are provided. Furthermore, you are obligated to provide us with electrical power and, if necessary, water, as necessary. We are entitled to terminate the contract for the provision of assembly services in accordance with § 643 of the German Civil Code (BGB) if you fail to fulfill your obligations to cooperate. We will set you a reasonable period of time during which you can provide the necessary cooperation.
(4) If you exercise your right of termination pursuant to Section 648, Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of cancellation after the expiry of the cancellation period. You reserve the right to prove that we have actually received h no or significantly lower costs were incurred.
§ 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 via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (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 "Mollie"
If you select a payment method offered by "Mollie," payment processing will be carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "Mollie" can be found at https://www.mollie.com/de.
§ 5 Right of Retention, Retention of Title
(1) You may 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.
§ 6 Warranty
(1) The statutory warranty rights apply.
(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 agreed upon if you were informed of this by us prior to the conclusion of the contract and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Choice of Law
(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Lukas Biermann
Silbkestraße 36
59581 Warstein
Germany
Phone: +4915128107734
Email: info@overlandingshop.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are subject to the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser's print function or save them electronically. After we receive your 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 of 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 Händlerbund Management AG Buyer Seal quality criteria, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.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 methods
6.1. The prices listed in the respective offersThe prices listed and shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (credit transfer or exchange rate fees), which you must bear.
6.4. Any costs incurred for money transfer (credit transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state but payment was made outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due 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 shipping only passes to you upon handover 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 entrepreneur 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).
9. Termination
9.1. Information on terminating the contract and the termination conditions can be found in the provisions on "Installation Services" in our General Terms and Conditions (Part I) and in the respective offer.
These General 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 warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: November 29, 2023