General terms and conditions
(1) The following terms and conditions are applicable for all contracts that are concluded between the customer and Linie 58, owner Jakob Schenk (hereafter called Linie 58) via the online shop.
(2) In compliance with these terms and conditions, customers can be consumers in accordance with § 13 BGB / German Civil Code as well as entrepreneurs an accordance with § 14 German Civil Code.
(3) A consumer is every natural person who concludes a legal transaction which is not mainly attributed to commercial or independent professional activities.
(4) An entrepreneur means natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2. Conclusion of contract, contractual language, order steps, storage of the contract
(1) The presentation of goods on the internet does not yet mean a contractually binding offer by Linie 58. The contract between the customer and Linie 58 only concludes through an order by the customer and the acceptance by Linie 58. A confirmation of the order reception does not yet resemble an acceptance. In case of acceptance, Line 58 sends an order confirmation via email or fax. The shipping of the orders articles to the customer equals a formal acceptance statement.
(2) Contractual language is English.
3. Delivery and shipping provisions
Linie 58 delivers the goods usually within three workdays after having received the order. Potential exceptions are displayed on the particular product side or result due to different payment methods (please see 4. payment terms).
4. Payment terms
Payment with delivery within Germany may occur by the means of advance payment collect/ PayPal, credit card or invoice (only business customers).
Payment in advance
In this case, the time limit for the delivery starts at the latest three working days (bank period) after the payment order to the transferring bank institute has been made.
Payment with credit card
If the customer chooses to pay with his credit card (American Express, Visa and MasterCard), the goods will immediately be sent to him. The debiting of the credit card occurs after the goods have been sent to the customer.
Payment via credit card with SecureCode
If the customer chooses payment via credit card with SecureCode, the items will be send to the customer immediately. The debt collection on the credit card occurs after delivery of the items to the customer.
Payment via PayPal
In this case, the time limit for the delivery starts at the latest one working day after the payment order has been given to PayPal.
Payment via invoice (according to prior agreement)
The items will be sent to the customer immediately. The amount in the invoice is due immediately without deduction.
Payment in Cash in case of collection by the customer
The customer may also collect his ordered goods from Linie 58. The payment occurs in cash. No shipping costs arise in case of collection by the customer. The customer is asked to give notice of his visit by phone in advance, so that it can be assured that the goods are in stock.
5. Price and shipping costs
(1) The prices at the time of the posting of the order by the customer apply. All prices shall be in euros and without exception gross, i.e. .they include all price components including all taxes, in particular mandatory VAT. There is no minimum order value.
(2) The delivery- and shipping costs arise in relation to the ordered items and will be calculated from the place of the seller's registered offices. If delivery occurs to a customer outside of the Federal Republic of Germany, delivery- and shipping costs increase depending on the weight and volume.
(3) In case of delivery outside of the European Union, other costs or fees may arise such as taxes, customs etc., that will be paid by the customer.
6. Agreement for the coverage of costs in case of exercising the right of withdrawal for the consumer
Should you exercise your right of cancellation (s. Instructions regarding revocation rights for the consumer under 7.) , we will use the same payment method you used for the original transaction for the refund.
7. Instructions regarding revocation rights for the consumer
Right of withdrawal:
You have the right of cancelling the contract within 14 days without giving any reasons.
The time limit starts the day, you or a third party named by you, who is not the carrier, take/s possession of the goods, if you ordered goods within a common order and the goods are standardized delivered.
You must inform us about your decision of cancelling the contract with us with an explicit explanation (e.g. with a letter to be sent through the post, via telefax or E-Mail) in order to exercise this right.
To maintain the withdrawal time limit you must only send us the message about the exercise of the withdrawal right before the time limit runs out.
Consequences of a withdrawal
If you cancel a contract, we are obliged to refund all the payments we received from you immediately, including delivery costs (except for the additional costs that result from your choice of a different kind of delivery than the one we offered, which was the most favourable standard delivery), within a maximum of fourteen days starting the day we received your explanation about the withdrawal of the contract. We use the same payment method you used for the original transaction to refund the paid amounts, unless we explicitly arranged a different payment method with you; you won’t be charged with any additional costs for this refund.
We are in the right of denying the refund until the goods you sent back arrive in our stock or until you proved that you sent the goods back, according to what occurs sooner.
You are obliged to send or give the goods back to us until a maximum of fourteen days after the day you informed us about the cancellation of the contract. The time limit is maintained if you send the goods back before the period of fourteen days ends. You will also be responsible for the immediate costs of returning the goods.
You must only pay the loss in value of the goods if it resulted from the handling other than it was necessary to ascertain the construction, quality and function of the goods by you.
Please note that the customer has no right to withdraw from the contract in case of deliveries outside of the European Union!
8. Retention of titel
Unless fully paid, the goods shall remain our property.
(1) If there is a defect in the purchased goods, the legal regulations are applicable. Provided that the customer is a consumer, the period of limitation for statutory claims for defects is two years and begins with the date of delivery, meaning the reception of the goods at the customer´s.
(2) The warranty period for businesses is reduced to one year.
(3) For both business customers and consumers, the restrictions of liability and limitation periods do not refer to claims for damages and claims for reimbursement of expensive which the customer is entitled to assert due to defects in accordance with the statutory provisions pursuant to No. 11.
10. Transport damages
(1) In case of delivery of goods with obvious damages on packages or the commence thereof, the customer shall immediately indicate this to the delivery company as well as contact Linie 58 by phone or other method of communication (email/fax/postal message), so that Linie 58 may claim its warranty rights.
(2) Should the customer fail to complain or contact Linie 58, he or she shall not lose his offer statutory warranty rights.
Linie 58 is liable for compensatory damages and reimbursement of expanses pursuant to the statutory regulations.
12. Data protection
The costumers data will neither be sold nor rented without permission from the customer to other businesses for promotion purposes. A transfer to a third party for commercial and uncommercial reasons does not take place, except for the handling of the costumers order!
13. Final provisions
(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions applicable in the states in which the consumers have their normal place of residence continue to apply. As far as dealing with consumers within the European Union is concerned, the law of the residence of the end consumer may also be applicable as far as mandatory legal consumer regulations are concerned.
(2) The scope of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) is precluded, including cross-border deliveries.
(3) The place of jurisdiction for all disputes arising from this agreement is Augsburg, if the customer is a merchant, a legal entity under public law or a public special fund entity. If the consumer does not have a place of residence within Germany or the European Union, the place of jurisdiction is also Ausgburg. Otherwise, the statutory legal venue applies.