Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions of Business
1 Basic provisions
(1) The following terms and conditions of business apply to all contracts that you enter into with us as a provider via the www.docda.de website. Unless otherwise agreed, the inclusion of any own terms and conditions used by you will be objected to.
(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his or her commercial or self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her self-employed professional or commercial activity.
2 Contract of sale
(1) The object of the contract is the sale of products for display protection and surface protection. Sometimes we offer appropriate virtual goods, such as vouchers for the purchase of the material object. Our product presentations on the Internet are non-binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After going to the "Checkout" page and entering your personal data as well as the terms of payment and delivery, all order data will be displayed once again on the order overview page. The physical products are shipped directly within the specified delivery times. We have no influence on force majeure, such as strikes by mail-order companies. Accordingly, you agree that an extended delivery time will be accepted in individual cases. It is absolutely necessary to enter a valid email address as the recipient's address for the electronic delivery of the invoice. We have no influence on the entry of invalid or incorrect email addresses. We send the invoices exclusively by email.
If you use the instant payment system "PayPal" by clicking on the button "PayPal" integrated in the shop system, you will be redirected to the PayPal log-in page. After successful registration your address and account data stored with PayPal will be displayed. By clicking the "continue" button you will be redirected back to our online shop on the order overview page. Before submitting your order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting your order via the button "order subject to payment" you enter into a binding purchase contract with us, giving you a binding offer. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
By using the payment system "Paypal Plus" you will be directed to the payment processing pages of the payment provider Paypal by clicking on the button integrated in the shop system. By using the Paypal-Plus option you can also make a payment without having your own PayPal account. The available payment options are displayed directly by the payment provider Paypal. If the availability of payment options of the payment provider Paypal in certain countries is not subject to our influence.
All payments are processed via SSL encrypted site.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place as soon as the amount to be paid has been credited to our account (also our paypal account or credit card account, if applicable). Only from this moment of successful payment the contract of sale is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the automated delivery of the invoice (s) is partially automated by e-mail. You must therefore ensure that the e-mail address you provide to us is accurate, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(5) Purchase by direct debit SEPA Direct Debit Mandate; handling fee for returned direct debits
(a) In the case of purchase by direct debit, the payment amount is due immediately for payment by direct debit from the current account specified in the order process at the credit institution indicated therein (the current account).
You hereby authorize Dr. Alexander Darga as the owner of the website www.docda.de Direct debit mandate to collect due payments and instruct your bank to issue the direct debit.
The creditor identification number of Dr. Alexander Darga is DE03ZZZ00001786946: Please note: Within eight weeks you can request the refund of the debited amount, starting with the debit date. The terms and conditions agreed with your financial institution shall apply. Please note that the claim due remains valid even if a return debit memo is issued. If you have already successfully redeemed the voucher, the claim from a return debit note is connected with corresponding additional costs for us, which we pass on to you. If the current account does not have the necessary cover, the bank holding the account is not obliged to honour the deposit. Partial redemptions are not carried out by direct debit.
(b) By entering the current account, you confirm that you are authorised to debit the account by direct debit via the corresponding current account and that you will provide the necessary cover. Return debit memos are associated with a high effort and cost for us. In the event of a return debit memo (failure to cover the current account, for lack of coverage of the current account, for the current account expiring or for unjustified objection by the account holder), you authorize Dr. Alexander Darga to submit the debit memo for the respective due payment obligation once again. In such a case, you are obliged to pay the costs arising from the return debit note. Further claims are reserved. You will be given the opportunity to prove that the return debit note incurred less or no costs at all. In view of the effort and costs for return debit memos and in order to avoid the handling fee, you are asked not to contradict the direct debit in case of a revocation or a withdrawal from the purchase contract, a return or a complaint. In such a case, the payment shall be cancelled after consultation with us by reimbursement of the corresponding amount or by credit note.
3 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) As long as the goods delivered to you are not fully paid for, the purchased products shall not be your property.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve the right of ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of title to the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, however, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we shall acquire co-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 realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
(1) The statutory provisions shall apply.
(2) If you are an entrepreneur, the following shall apply in deviation from para. 1:
a) Only our own information and the manufacturer's product description shall be deemed to have been agreed upon as the quality of the goods, but not other advertising, public praise and statements of the manufacturer.
b) You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us or the manufacturer Neoxum GmbH of obvious defects in writing within 7 days of receipt of the goods. This shall also apply to late-recognized hidden defects as soon as they are discovered. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement delivery. If the remedy of the defect fails twice, you can demand a reduction in price or withdraw from the contract. In the event of rectification of defects, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages culpably caused to us from injury to life, body or health and damages caused by gross negligence or deliberate intent or malice, as well as to claims for recourse in accordance with §§ 478,479 BGB (German Civil Code).
(1) We shall in each case be liable without limitation for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the quality of the object of purchase, in the case of damages according to the Product Liability Act and in all other cases regulated by law.
(2) Insofar as material contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are essential obligations arising from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on which you may regularly rely.
(3) In the event of a breach of immaterial contractual obligations, liability for slightly negligent breaches of duty shall be excluded.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times in accordance with the current state of the art. We are not responsible for the availability of the website and the services offered there, either permanently or uninterruptedly.
6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that this does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of advantageousness).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, insofar as 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 you do not know your place of residence or habitual abode at the time of filing an action. The right to appeal also to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Owner Dr. Alexander Darga
Chapel path 2
87719 Mindelheim - OT Unggenried
2. information on the contract of sale
The technical steps for the ccontract of sale, the contract of sale itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. language of contract, saving of contract text
3.1 The language of the contract is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically via the print function of the browser. After receipt of the order with us, the order data, the legally prescribed information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the description of the article and the supplementary information on our website.
5. prices and payment modalities
5.1 The prices quoted 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 will be calculated according to weight, value of goods and destination country or place and will be communicated to you in the ordering process before you place your order.
5.3 The payment methods available to you are indicated by a correspondingly designated button on our website or in the respective article description.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the contract concluded are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found on our website or in the respective article description by clicking on a correspondingly designated button.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective 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 designated to carry out the shipment. If you are an entrepreneur, the delivery and dispatch takes place at your risk.
7. statutory liability for defects for goods
7.1 The liability for defects for our goods is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.