GENERAL TERMS AND CONDITIONS OF BUSINESS
Contractual conditions within the framework of purchase contracts via the platform http://www.skill-factory.com
between
SKILL factory
c/o Benjamin Rudolph Am Pfarrerberg 1
94474 Vilshofen ad Donau
– hereinafter “Provider” –
and
the users of this platform referred to in Section 2 of these General Terms and Conditions – hereinafter referred to as “customer(s)”.
§ 1 Scope
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing conditions from the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select services and products from the provider's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. Using the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order on skill-factory.com” by email, in which the customer’s order is listed again and which the customer can use the “Print “can print out. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. The contract text is stored in compliance with data protection.
(3) The contract is concluded in the languages: German, English
§ 3 Delivery, availability, payment methods*
(1) Delivery times specified by the provider are calculated from the time of our order confirmation
(§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) For non-European services, the delivery time stated on the item page/in the shopping cart refers to the time until the shipment arrives in the destination country. The duration of customs clearance is not included in this period.
(3) The delivery time stated on the item page/in the shopping cart begins on the working day after the customer's payment order to the transferring credit institution for advance payment, or on the working day after the day the contract is concluded for all other payment methods.
(4) If the product or service specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately.
(5) The customer can pay in advance, PayPal, direct debit, Klarna or in cash.
(6) If a delivery is made against advance payment by bank transfer, the customer must transfer the purchase price plus any applicable delivery and shipping costs to the provider before delivery or the start of the service. Delivery or the start of the service takes place after receipt of the full invoice amount on the provider's account.
(7) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 Prices
(1) All prices stated on the provider's website include the applicable statutory sales tax.
§ 6 Discount vouchers and their redemption
(1) Discount vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a specific period of validity.
(2) Discount vouchers can only be redeemed within the specified period and only once as part of an ordering process. Individual brands may be excluded from the voucher campaign. Discount vouchers cannot be used to purchase gift vouchers. Please note that discount vouchers may be subject to a minimum order value.
(3) The value of the goods must be at least equal to the amount of the discount voucher. Any difference to a higher value of goods can be offset using the payment options offered. The value of a discount voucher will neither be paid out in cash nor interest. The discount voucher will not be refunded if goods are returned in whole or in part.
(4) Discount vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The discount voucher cannot be transferred to third parties. Multiple discount vouchers cannot be combined with each other unless we have agreed otherwise.
(5) If the customer used a discount voucher when purchasing, the provider reserves the right to charge the original price of the goods that the customer kept if - due to a revocation - the total value of the order falls below the respective value of the discount voucher falls or corresponds to this.
§ 7 Statutory right of withdrawal
(1) If goods are returned, the enclosed return slip can be used. A new return slip can be requested at any time in the customer account or via customer service. The goods should be in the original packaging and preferably as an insured package
SKILL factory
c/o Benjamin Rudolph
Am Pfarrerberg 1
94474 Vilshofen
must be returned in order to have the value of the goods reimbursed by the parcel service provider in the event of loss.
(2) Consumers generally have a statutory right of withdrawal. The legal regulations regarding any existing right of withdrawal are contained exclusively in the cancellation policy, which is available to the customer during the ordering process.
§ 8 Repayments
(1) The provider automatically arranges any repayments to the account used by the customer for payment. If you pay in advance, the transfer will be sent back to the account from which the transfer was made. When paying by Paypal or credit card, the refund will be made to the associated Paypal or credit card account. If the customer used a gift voucher when making the purchase, we will credit the corresponding amount to the gift voucher account.
§ 9 Warranty for material defects
The provider is liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 10 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 11 Information on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even if individual points are legally invalid. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.