General Terms and Conditions Dörr GmbH




I. General Terms and Conditions
II. Notes


I. General Terms and Conditions



1. general

1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us ( Dörr GmbH, Messerschmittstr. 1, 89231 Neu-Ulm, represented by its managing directors: Peter Dörr, Philip Dörr-Schick and Valentin Breitling) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.

1.2 Contractual agreement
The contract language is German.

1.3 Registration
To use the full scope of our website, it is first necessary to create a customer account. The data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the details required for login. Registration is not complete until you have logged in to our website with these details for the first time.
The password that gives you access to your personal area must be treated as strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.

1.4 Conclusion of contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, enter your details including billing address and, if applicable, a different delivery address, unless you have already entered them in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) once again and correct any input errors before confirming your order by clicking on the "Order with obligation to pay" button. By placing an order, you make a binding offer to enter into a contract. We will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, telephone, post or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance.

The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the text of the contract via the website once you have sent your order. You can use the browser's print function to print out the relevant website with the contract text.


2nd delivery

2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to this effect) entitle us to postpone delivery for the duration of the impeding event.

2.3 Exclusion of delivery
P.O. Box addresses are not supplied.

2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.

2.5 Performance time
Unless expressly agreed otherwise, delivery shall be made by us within 5 days. In the case of payment in advance, the delivery period shall commence on the day after the payment order is issued to the transferring bank or, in the case of payment on delivery or purchase on account, on the day after the contract is concluded. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized at the place of delivery, the period shall end on the next working day.


3. payment

3.1 Prices and shipping costs
All prices are inclusive of VAT if you are a consumer. In the case of entrepreneurs, our prices are exclusive of VAT. In addition, the costs for packaging and shipping are shown separately in each case, unless collection by you at our place of business has been agreed.

3.2 Default in payment
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.

3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.


4. revocation instructions for consumers in distance selling contracts

4.1 Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.

To exercise the right to cancel, you must inform us(Dörr GmbH, Messerschmittstr. 1, 89231 Neu-Ulm, phone: + 49 731-9703769, e-mail: hello@doerr.gmbh) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

- End of the withdrawal policy -

4.2 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

4.3 Special notes on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.

5. reservation of title
The delivered goods shall remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.


6. warranty

6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, illustrations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact conditions of these guarantees with the product. Possible guarantees do not affect the warranty rights.

6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice damage after receipt of the goods, please inform us. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of rectification or subsequent delivery. If defects are not remedied even after two attempts at rectification, you shall be entitled to withdraw from the contract or reduce the purchase price.

6.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, in the event of a defect we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

6.4 Rights in the event of minor defects
In the event of a minor defect, you are only entitled to a reasonable reduction of the purchase price, excluding the right of withdrawal.

6.5 Compensation for defects
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.

6.6 Statute of limitations
The warranty period for used goods is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
6.7 Changes and further development of applications (apps)
Dörr GmbH reserves the right to change, further develop or adapt applications (apps) that are necessary for the use of the products offered at any time in a reasonable manner. This includes both technical and content-related changes that serve in particular to improve functionality, security, user-friendliness or the expansion of the range of functions. The user will be informed of significant changes in good time if these have a significant impact on his use.
7. liability

7.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.

7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.


8. final provisions

8.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

8.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.3 Consumer dispute resolution procedure
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.


II. Notes

Battery disposal
In connection with the sale of batteries or the delivery of devices containing batteries, we are obliged to inform you of the following:

As the end user, you are legally obliged to return used batteries. You can return used batteries, which we carry or have carried as new batteries in our range, free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meaning:

The crossed-out wheeled garbage can symbol means that the battery must not be disposed of with household waste.
Pb = battery contains more than 0.004% lead by mass
Cd = battery contains more than 0.002% cadmium by mass
Hg = battery contains more than 0.0005% mercury by mass.

Please observe the above instructions.