AGB

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (CEST GmbH) via the cest-group.net website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.

(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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be directed to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online shop on the order overview page.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you are declaring your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness and we do not assume any liability for errors.

§ 4 Conclusion of the contract for courses

(1) The subject of the contract is the implementation of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

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

§ 5 Provision of services for courses

(1) The courses are held in the form described in the respective offers on the agreed dates.

(2) If the implementation of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by email) that the booked course will not take place at least 7 days before the start of the course. In this case, any services already provided will be reimbursed immediately.

(3) If an individual event is canceled due to a short-term absence of the course instructor due to illness or for any other important reason, the services already provided will be reimbursed immediately.
In the case of events that consist of several event dates, if an appointment is canceled due to a short-term absence of the course instructor due to illness or for any other important reason, the canceled date will be made up on an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the locally available house rules. You must adhere to our instructions or the instructions of the course instructor.

§ 6 Substitute Participants

You can name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 7 right of retention, Retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

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

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire joint 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.

d) We undertake to release the securities to which we are entitled at your request insofar as 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.

§ 8 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided the shipment does not correspond to the intended use of the goods.

c)  The warranty period is one year from date of delivery. The shortening of the deadline does not apply:

- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- In the case of legal recourse claims that you have against us in connection with warranty rights.

§ 9 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN sales law expressly do not apply.

§ 10 Protection of minors

(1)  When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2)  By submitting your order, you affirm that you have reached the legally required minimum age and that the information you have given regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum receive the goods.

(3)  Insofar as we are obliged to carry out an age check due to the legal provisions, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and, in case of doubt, to receive the identity card for the goods to be shown to the person taking it for age control.

(4) Insofar as we state in the respective item description that you must be over the age of 18 to purchase the goods, above the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.

§ 11 Sale of weapons

(1)  When selling goods that are covered by the Arms Act, we only enter into contractual relationships with customers of legal age. For goods that are listed in Appendix 2 of the WaffG, your weapon authorization is also required.

(2)  By submitting your order, you affirm that you are at least 18 years old and that the information you have given regarding your name and address is correct. You are obliged to ensure that only you or persons of legal age authorized by you to receive the delivery receive the goods.

(3)  We instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons over 18 years of age and, in case of doubt, to have the identity card of the person receiving the goods shown to check the age.

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II. Customer information 

1. Identity of the seller

CEST GmbH
Oliver Krebs
Dorfstrasse 11A
25373 Ellerhoop
Germany

Phone: +49 (0) 4205 79 799 30
Email: info@cest-group.net

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the formation of the contract

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

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.5. Unless otherwise agreed, when courses are booked, payment must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participation.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights 

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/agb-service.

last update: 07.12.2017