Terms and Conditions

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 (Svetozar Grbic) via the website donnerberg.net. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

  2. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 Accessibility

  1. In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 of the BFSG (Federal Act on the Equalization of Persons with Disabilities), we inform you how our internet presence or our service in electronic commerce meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g. "Accessibility Statement" or similar designation) on our internet presence and includes in particular the following points:

    • a description of the applicable accessibility requirements;

    • a general description of the service in an accessible format;

    • descriptions and explanations necessary for understanding the provision of the service;

    • a description of how the service meets the relevant accessibility requirements.

  2. The contact details of the competent market surveillance authority are as follows:

Market Surveillance Body of the States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR)

Carl-Miller-Str. 6

39112 Magdeburg

Telephone: +49 391 567 6970

Email: kontakt@mlbf-barrierefrei.de

  1. We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our internet presence. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our internet presence.

  2. Our internet presence or our service in electronic commerce is accessible if it can be found, accessed, and used by people with disabilities in the generally customary way, without particular difficulty, and generally without external assistance.

  3. Measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are integrated on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of 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 under the terms specified in the item description via the online shopping cart system.

  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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be led to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data 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 the order, you have the option to review, change (also via the "back" function of the internet browser) or cancel the order in the order overview.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.

  1. Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

  2. The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by email. You must therefore ensure that the email address you have stored with us is correct, that the receipt of emails is technically ensured and, in particular, not prevented by SPAM filters.

§ 4 Special agreements on offered payment methods

  1. Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is always made to Klarna:

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna and the Klarna Terms of Use for Germany can be found

at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

  1. Payment via "PayPal" / "PayPal Checkout"

If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is carried out by 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" are displayed to you under a correspondingly labeled button on our internet presence and in the online ordering process. "PayPal" may use other payment services for payment processing; insofar as special payment conditions apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of Title

  1. You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price.

  3. If you are an entrepreneur, the following also applies:

    1. We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

    2. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the invoice amount, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

    3. In the event of combining and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

    4. We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 6 Warranty

  1. Statutory liability for defects applies.

  2. As a consumer, you are asked to check 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 characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

  4. If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

    1. Only our own specifications and the manufacturer's product description are considered to be agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

    2. In case of defects, we provide a warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you can, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

    3. The warranty period is one year from the delivery of the goods. The shortening of the period does not apply to:

  • damages caused by culpable injury to life, body or health attributable to us and in the case of intentional

or grossly negligent other damages;

  • insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;

  • for items that have been used for a building in accordance with their usual use and have caused its defectiveness;

  • for statutory rights of recourse that you have against us in connection with defect rights.

§ 7 Choice of Law

  1. German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

  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

Svetozar Grbic
Von-Werthern-Str. 4a
96487 Dörfles-Esbach
Germany
Phone: +4989215400980
Email: info@donnerberg.net

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

  1. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options shall be carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

  1. Contract language, storage of contract text

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