-  Conditions  -

General terms and conditions of the Zwei Kraniche, Berlin

01. Scope

02. Conclusion of the contract

03. Right of withdrawal

04. Prices and terms of payment

05. Delivery  and shipping conditions

06. Retention of title

07. Liability for defects

08. Applicable law

09. Place of jurisdiction

10. Reminders, default in payment, flat-rate fees

11. Information on online dispute resolution

1. Scope

1.1. These general terms and conditions (hereinafter "GTC") of "Zwei Kraniche" (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the items presented by the seller in his online shop Concludes goods and / or services. The inclusion of the customer's own conditions is hereby expressly contradicted, unless something else has been agreed separately in writing.

1.2. We carry out your order according to the terms and conditions valid at the time of the order. The current version of the General Terms and Conditions is available on our website at http: // http://www.zweikraniche.com/ under "General Terms and Conditions". We will also send you our general terms and conditions link with the order confirmation. In cases of doubt, our statutory warranty published in the Internet, is valid. We expressly reserve the right to make changes and additions.

1.2. A consumer within the meaning of these terms and conditions is only a natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity.

1.3. Entrepreneur within the meaning of these terms and conditions is any natural or legal person or a partnership who, when concluding a legal transaction, acts in the context of their commercial or professional activity. 

2. Conclusion of the contract

2.1. The product presentations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2. The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the seller by telephone, fax, email or post.

2.3. The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  - by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4. If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, in deviation from Section 2.3, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.

2.5. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.6. When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. In addition, the text of the contract is archived on the seller's website and can be called up by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before submitting his order.

2.7. Before submitting a binding order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8. Only the German language is available for the conclusion of the contract.

2.9. Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3.1. Consumers are generally entitled to the legally regulated rights of withdrawal.

3.2. Right of revocation: You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:

Two cranes

Two cranes, Hermsdorf S-Bahn station, Bahnhofplatz 0, 13467 Berlin  

1. 1. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its examination  as you would have been able to do in a shop  is due. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your own property and by refraining from anything that could impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a contractual agreement if the price of the goods is higher at the time of cancellation have made the agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.

3.4. The right of revocation does not apply to the order of goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer (custom-made products) therefore not for:

A. Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,

B. Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,

C. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

D. Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature. 

4. Prices and terms of payment 

4.1. Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2. Various payment options are available to the customer, which are specified in the seller's online shop.

4.3. If prepayment has been agreed, payment is due immediately after the conclusion of the contract.

4.4. If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https: // www.paypal.com/de/webapps/mpp/ua/useragreement-full . This assumes, among other things, that the customer opens a PayPal account or already has such an account.

5. Delivery  and shipping conditions

5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase process is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .

6. Retention of title

If the seller makes an advance payment, he retains ownership of the goods delivered until the purchase price owed has been paid in full.

7. Liability for defects

7.1. If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

9. Data protection

You agree to the storage, processing and use of the personal data transmitted to us through your order for the purpose of executing your order.
Customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Your personal data will only be collected for specified, clear and legitimate purposes and will not be stored longer than necessary. You have a right to information and a right to rectification. Please contact us or send us your request by post or fax. We do not pass on your personal data including your home address and e-mail address to third parties. This does not apply to our service partners who require the transmission of data for order processing. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.

10. Reminders, default in payment, flat-rate fees

All invoices are due for payment within two weeks of receipt of the invoice. After this payment period has expired, the buyer is in legal default and is obliged to pay compensation. From the due date, open receivables are subject to interest at at least 5% above the Bundesbank discount rate, unless the seller proves higher interest damage. For the first reminder, the buyer has to pay a flat fee of € 5 in addition to the statutory compensation. Any further compensation remains unaffected.  For the second reminder, the buyer has to pay a flat fee of € 25 in addition to the statutory compensation. Any further compensation remains unaffected.

11. Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

If the customer acts as a merchant, legal entity under public law or public law special fund based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract.