Terms and conditions

Last: 2017-05-09


Terms and conditions

Conditions concerning sales contracts, concluded via the platform 420-store.de

between

420 Store

Oliver Steinwede
Ohechaussee 208
22848 Norderstedt
Germany

FON: +49 (0)1523 – 40 39 851

VAT-ID: DE245976768

– further referred to as „provider“ –

and

the under § 2 of this terms and conditions described user of the platform, further referred to as “customer”:

§ 1 Scope of application

(1) The following terms and conditions, as valid on conclusion of the contract, shall exclusively apply to the business relation between provider and customer. Different terms and conditions of the customer will not be allowed unless the provider agrees expressively and in writing to the different terms and conditions.

(2) Particualr note is made of the license agreement for downloads.

§ 2 Conclusion of contract

(1) The customer can choose products from the catalogue of the provider and collect them in the so-called “cart” by using the button “Add to cart”. By using the button “Order (at a fee)” the customer hands in an binding application to purchase the products collected in the cart. The customer can check and, if necessary, edit his data anytime before placing and (submitting) his order.

(2) After that the provider automatically sends a confirmation receipt to the customer via email with the subject “Confirmation of your order at the 420 Store”, re-listing the customer´s order; the customer can print the receipt using the print-function of his computer. The customer´s order (1) represents the offer to conclude a sales contract over the products collected oin the cart. The confirmation receipt (order confirmation) represents the provider´s acceptance of the offer. The content is summarized in the confirmation receipt. The contract text (order, terms&conditions and confirmation) will be sent to the customer via email or paper print at the latest by delivery of the goods. The contract text and data will be stored under preservation of data protection.

(3) The contract conclusion happens in the following languages: German, English.

§ 3 Delivery, product availability, payment arrangements

(1) Delivery times that were indicated by us start with the order confirmation (§ 2 (2) of this terms and conditions), provided that the payment has been completely done.

(2) If a product ordered by a customer is temporary unavailable, the provider will inform the customer immedialtely. In case of a delivery delay later than two weeks, the customer is allowed to cancel the sales contract. The provider is also allowed to cancel the sales contract; if doing so, the provider will refund any payments that the customer has already done immedialtely.

(3) The customer can pay using bank transfer, cash at delivery or PayPal Express Checkout (PayPal-account or credit card).

(4) The payment is due to conclusion to the sales contract. If a time according to the calendar is defined for the payment, the customer already defaults by missing that date.

§ 4 Reservation of ownership

Unless the payment has been completely fufilled, the delivered products shall remain the property of the provider.

§ 5 Prices and shipping costs

(1) All prices that are shown on this website, are understood as being including VAT.

(2) The corresponding shipping costs are shown to the customer in the order form. The customer has to carry these costs, unless the customer exercises his right to revoke.

(3) The customer has to carry the directly resulting cost for the return delivery.

§ 6 Guarantee in case of material defects

(1) The provider is liable for material defects in order to the applicable legal regulations, especially §§ 434 and following, BGB (“Bürgerliches Gesetzbuch” – the German Citizen Law). To business customers, the guarantee period for products deliverd by the provider is 12 months.

§ 7 Liability

(1) Claims of the customer for reimbursement of damages are precluded, except for such which result from injury of life, body, health or contractual obligations (cardinal duties), as well as the liability for other damages based on a deliberate or grossly negligent breach of duty by the provider, his legal representives or auxiliary persons. Essential contractual duties are those, whose accomplishment are necessary to fulfill the purpose of the contract.

(2) The provider´s liability in cases of gross negligence is limited to forseeable damage typical of the contract; this does not apply to claims of the customer for reimbursement which result from injury of life, body or health.

(3) The limitations of paragraphs (1) and (2) also shall apply to the provider´s legal representives and auxiliary persons, if claims are directly aimed at them.

(4) The legal regulations of the procuct liability law shall remain unaffected.

§ 8 Note on data processing

(1) The provider collects data from the customer necessary for the execution of the contract. He will comply with the rules of the Federal Data Protection Act (“Bundesdatenschutzgesetz” – the German Data Protection Act) and the rules of the Telemedia Act (“Telemediengesetz” – the German Telemedia Act). Without the consent of the customer, the provider will collect, process and use inventory data and usage data only when it is necessary for the fulfillment of the purposes of the contract and for the settlement of telemedia.

(2) Without permission of the customer, the provider will not use customer data for the purpose of advertising, market research or opinion research.

§ 9 Final clauses

(1) The German Law, excluding the UN Sales Law and excluding the Private International Law, shall apply to contracts between provider and customer.

(2) If the customer is a trader, a corporate body under public law or a special fund under public law, the court of jurisdiction for all disputes related to contracts between the provider and the customer is the seat of the provider.

(3) In case of legal ineffectiveness of particular contractual items, the contract remains binding in the other points. The legal ineffective items shall be replaced by legal regulations. If holding to the contract would constitute an unreasonable hardship for one of the parties, the contract becomes ineffective altogether.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), available under https://ec.europa.eu/consumers/odr.We are not bound to take part in an ODR provided by a dispute resolution body, and we won´t.