General Terms and Conditions as well as External References and Links
Terms of Service
For the business relationship between ABANICO GmbH & Co. KG, in the following ABANICO
GmbH, and the purchaser – also for all future business – apply exclusively
the following terms and conditions in their time of order
valid version. Deviating conditions of the purchaser are not recognized by ABANICO GmbH
unless ABANICO GmbH has expressly agreed to their validity in writing.
§ 2 Conclusion of contract and resignation
The ABANICO GmbH commits itself to the order of the orderer to the conditions of the
Website. The product range in the shop of ABANICO GmbH is only one
non-binding invitation to submit an offer. Only through the order and
Confirmation of ABANICO GmbH, the purchase agreement is concluded. For writing, printing and
Calculation errors on the website, the ABANICO GmbH is entitled to resign.
§ 3 delivery
Unless otherwise agreed, delivery from the warehouse to the order specified by the customer
Shipping address. The risk passes to the purchaser as soon as the delivery of the ABANICO
GmbH or one of these representatives to the consignor has been, and indeed
then when partial deliveries are made. Information about the delivery period is not binding, if not
exceptionally, the delivery date has been bindingly agreed.
§ 4 Due date and payment, default
The purchase price is due immediately upon ordering. The customer can pay the purchase price in advance,
Check or cash on delivery. If the customer is in default of payment, then the ABANICO
GmbH is entitled to default interest of 5% above that of the Deutsche Bundesbank
announced base interest rate p.a. and a reminder fee of € 5 per reminder
demand. If ABANICO GmbH has demonstrably incurred a higher damage caused by default, the
ABANICO GmbH has the right to assert this.
§ 5 offsetting, retention
The purchaser only has the right of set-off if his counterclaims are legally binding
detected or recognized by ABANICO GmbH. He is also exercising a
Right of retention only insofar as its counterclaim on the same
Contractual relationship is based.
§ 6 Retention of title
Until the full settlement of all claims existing against the customer, the
delivered goods owned by ABANICO GmbH.
§ 7 Warranty and Liability
If there is a defect in the purchased item for which ABANICO GmbH is responsible, ABANICO
GmbH is entitled to choose whether to remedy the defect or to replace it. Is the
ABANICO GmbH for remedy of defects / replacement not ready or not in the position or
This is delayed beyond reasonable deadlines for reasons that the ABANICO GmbH too
has represented or fails in any other way, the defect removal / replacement fails, is the
Orderer entitled after his election to withdraw from the contract or a corresponding
Demand reduction of the purchase price. Unless otherwise stated below, are
further claims of the purchaser – for whatever legal reasons – excluded.
ABANICO GmbH is therefore not liable for damage that is not to the delivery item itself
have arisen; In particular, ABANICO GmbH is not liable for lost profits or for
other financial losses of the customer. As far as the liability of ABANICO GmbH
excluded or limited, this also applies to the personal liability of employees,
Representatives and vicarious agents. The above limitation of liability does not apply insofar as the
Cause of damage is based on intent or gross negligence. It also does not apply if the
Orderer Claims under §§ 1, 4 Product Liability Act, claims for the absence of a
guaranteed property or claims for damages for non-performance in accordance with §§ 463, 480
Abs. 2 BGB. The same applies to initial inability or responsibility
Impossibility. If ABANICO GmbH negligently violates a contractual obligation,
is the obligation to compensate for property damage or personal injury to the typically arising damage
limited. The warranty period is twelve months, calculated from the transfer of risk. These
Deadline is a limitation period and also applies to claims for compensation for consequential damages,
as far as no claims are made in tort. This does not apply to
Consumer electronics and hardware products, where the warranty period is six
Months from the transfer of risk.
§ 8 Privacy
ABANICO GmbH commits itself to the necessary for the execution of orders
personal data confidential and not to third parties. The
Orderer agrees to this collection, processing and use of personal data by the
§ 9 Applicable law and jurisdiction
German law applies excluding the UN sales law under consideration of the
Distance Selling Act. Place of jurisdiction is Dortmund, if the customer is an entrepreneur.
§ 10 Invalidity of contractual provisions
Should individual provisions of this contract be or become invalid or void, then
This does not affect the validity of the remaining provisions of this contract.
The ABANICO GmbH and the customer agree to ineffective or void
To replace provisions with new provisions that are ineffective or ineffective
void provisions contained in legally permissible economic content
Way. The same applies if there is a gap in the contract
should turn out. To fill the gap, the ABANICO GmbH and
the orderer to work towards the establishment of appropriate regulations in this contract,
which come closest to what the parties consider the purpose of the contract
would have determined if the point had been considered by them.
According to § 2 Fernabsatzgesetz we point out the following modalities of the between you and us
completed contract for the delivery of the goods ordered by you:
1. Your contractual partner is ABANICO GmbH, represented by the managing director Dieter Knüttel,
hereinafter referred to as ABANICO GmbH. Complaints should also be made to this address.
2. Contains the price of the goods offered by ABANICO GmbH
all taxes and other price components, with the exception of the delivery and
Shipping costs as well as any costs incurred when sending by cash on delivery.
For orders up to € 100, – we charge a domestic postage fee depending on the weight
and effort between € 5, – and € 10, -. If the payment method “cash on delivery” is selected,
there are additional COD charges of € 2.00 per parcel, which are also charged to you
The ordered goods can be paid in advance, by check or by cash on delivery. The
Purchase price is due in each case with invoicing. The delivery takes place, as far as nothing else
agreed to the delivery address you have specified. The danger for loss and
Damage to the goods will be transferred to you as soon as the delivery is completed by the ABANICO GmbH
or its suppliers, even if partial deliveries are made.
Information about the delivery period is only binding if confirmed in writing. On
agreed delivery date is then considered to have been met, if the goods are delivered by the deadline
Transport was given or until the deadline readiness for shipment was communicated.
3. The general terms and conditions of ABANICO GmbH see the granting of a
Right of return within the meaning of § 3 Abs. 3 Fernabsatzgesetz, § 361 b) BGB.
This means for you, that within a period of two weeks from receipt of the
Goods have the possibility to give these without giving reasons to the ABANICO GmbH
returned. The buyer has to bear the return costs. This right of return applies
not in the delivery of goods that are made to customer specifications or clearly
are not tailored to personal needs or because of their nature
are suitable for a return or spoil quickly or their expiration date
was exceeded. Furthermore, when delivering audio or video recordings or from
DVDs, provided that the delivered data carrier has been unsealed by the customer, as well as at the
Delivery of newspapers, periodicals or magazines, and in the provision of betting and gaming
To meet this deadline, it is sufficient that the goods in good time to the ABANICO GmbH
is returned. As far as the goods can not be returned by parcel post, the suffice
Timely dispatch of a redemption request to ABANICO GmbH. Please note,
that the return must be sent to the following address:
ABANICO GmbH & Co. KG
Knyphausenstr. 2 B
4. In case of returning the goods, you are entitled to repayment of the purchase price, provided that
this has already been paid. Alternatively to the repayment there is also the possibility of
Issue of a purchase credit in the amount to be returned. The
Warranty on the delivered goods is within the scope of the statutory provision, whereby
the duration of the warranty obligation is 6 months from the date of shipment of the goods,
External links and links
The regional court Hamburg decided with the judgment 312 O 85/98 (“liability for links”) from 12.05.1998 that the publisher / author of a homepage has to answer for the contents of the linked sides, if he does not expressly from the contents of the linked pages distanced. We have placed on our pages links to sites on the Internet, the content and updating of which are not subject to the influence of FAZIT-Verlag. For all these links applies:
“ABANICO GmbH & Co. KG has no influence on the design and content of external websites, and therefore distances itself from all third-party content, even if a link has been set up by ABANICO GmbH & Co. KG on these external pages.”
If a linked web site violates applicable law, we will remove this link from our website after notification.
This declaration applies to all links displayed on our homepage and to all contents of the pages to which the banners and links registered with us lead.
If within the Internet offer the possibility of the input of personal data (E-Mail address, name, addresses) exists, this takes place voluntarily. ABANICO GmbH expressly declares that it does not pass on this data to third parties.