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 all contracts that you conclude with us as the provider (QIDOSHA GmbH) via the website www.qidosha.com Close. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
2. For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Formation of the contract

1. The subject of the contract is the sale of goods.
2. By placing the respective product 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 access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order details are displayed again on the order overview page. If you have selected an instant payment system as your payment method (z.B. If you choose to use PayPal (PayPal Express/PayPal Plus, Amazon Payments, Postpay, or Sofortüberweisung), you will either be taken directly to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will need to make the appropriate selections or enter your data there. Finally, you will be redirected back to the order summary page in our online shop. Before submitting your order, you have the opportunity to review all the information again, change it (also using your browser's "back" function), or cancel the purchase. By submitting your order via the "buy" button, you legally accept the offer, thereby concluding the contract.
4. Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.

§ 3 Right of retention, reservation of title

1. You may only exercise a right of retention insofar as it relates to claims arising 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 retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.
   b) 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 of the goods up to the amount of the invoice; we accept this assignment. You remain authorized to collect these claims. However, if you fail to meet your payment obligations, we reserve the right to collect the claims ourselves. 
   c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
   d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
   

§ 4 Liability

1. We are fully liable for damages resulting from injury to life, body, or health. Furthermore, we are fully liable in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item, and in all other cases stipulated by law.
2. If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damages typical for this type of contract. Essential contractual obligations are those fundamental duties arising from the nature of the contract, the breach of which would jeopardize the achievement of the contract's purpose, as well as those duties that the contract, according to its content, imposes on us to achieve its purpose, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance you may regularly rely.
3. Liability for breaches of minor contractual obligations is excluded in cases of slight negligence.
4. Data communication via the internet cannot be guaranteed to be error-free and/or available at all times, given the current state of technology. Therefore, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 5 Warranty

1. The statutory warranty rights apply. 
2. As a consumer, you are requested to inspect 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 rights.
3. If you are an entrepreneur, the following applies in deviation from the above warranty regulations: 
   a)  Only our own specifications and the manufacturer's product description are considered agreed upon as the condition of the goods, not other advertising, public statements and pronouncements by the manufacturer. 
   b)  In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a price reduction or withdraw from the contract. A remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods. 
   c)  The warranty period is one year from delivery of the goods.The shortened deadline does not apply:
   - damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
   - insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
   - in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
   - in the case of statutory recourse claims that you may have against us in connection with warranty rights.
   

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

1. German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
2. The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather 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 domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at any other legally established place of jurisdiction.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

 

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II. Customer Information

1. Seller's identity

QIDOSHA GmbH
Fendtstrasse 1
21244 Buchholz
Germany

E-mail: service@qidosha.com

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at http://ec.europa.eu/odr (http://ec.europa.eu/odr).

2. Information on how the contract came about

The technical steps for concluding the contract, the contract conclusion itself and the correction options are governed by Section 2 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

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

5. Prices and payment terms

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. Shipping costs are not included in the purchase price.They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

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

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

6. Delivery conditions

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

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

7. Refusal to accept delivery and delay in acceptance

7.1. If the package is not accepted (e.g., because the buyer does not collect it from the depot in time) and the buyer is at fault for the non-acceptance, the buyer must bear the shipping costs for the initial delivery. This also applies in the case of a delivery that is free of charge due to exceeding the free delivery threshold, since the seller pays the shipping costs in the expectation that this will ultimately be recouped through payment of the purchase price by the buyer (cf. §284 BGB).

7.2 Furthermore, by refusing to accept the goods upon initial shipment, the buyer is in default of acceptance pursuant to Sections 293 et ​​seq. of the German Civil Code (BGB), and therefore owes the seller compensation pursuant to Section 304 of the German Civil Code (BGB) for the additional expenses incurred by the seller for the unsuccessful offer and for the storage and preservation of the goods. These expenses include, among other things, the costs of resending the goods and the logistics provider's storage and handling costs for the return and administrative processing of the returned goods. The buyer bears the direct costs of returning the goods. This also applies in the case of a return due to delayed acceptance (e.g., if the package is not collected from the drop-off point or delivery to the specified delivery address is not possible) or refusal of acceptance. In the case of a return due to delayed acceptance or refusal of acceptance, the return shipping costs (currently with DHL) are also the buyer's responsibility. i.H.v. The buyer is responsible for shipping costs of €6.85 per package for deliveries to German addresses and €13.85 for deliveries to Austrian or Swiss addresses.

 7.3 The seller also has a right of retention under § 273 para. 1 BGB, so that he only has to carry out the second shipment simultaneously with the consumer fulfilling the aforementioned claims.

8. Statutory warranty rights

8.1. The statutory warranty rights apply.

8.2. As a consumer, you are requested to inspect 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 rights.

9.Vouchers

Vouchers are valid for the entire product range of the online shop. They are valid for a maximum of 3 years from the date of purchase, after which the voucher value expires. To pay with a voucher, simply enter the code in the payment options during checkout, and the voucher value will be deducted from the purchase price. Alternatively, the voucher can be added to your customer account balance. The balance will then be stored there and can be used for future orders. Purchases will be deducted from the voucher balance. Any unused balance will be credited back to your customer account. If the purchase price exceeds the voucher balance, the difference must be paid using another payment method. The status, redemption of purchased vouchers, and any existing voucher balances can be viewed under "My Account." There are no fees for redeeming vouchers. 

 

Last updated: July 4, 2021