1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company USEDOMZELT GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller by means of distance communication (e.g. telephone, fax, e-mail, letter) and exclusively by individual communication in the sense of § 312j Abs. 5 Satz 1 BGB (German Civil Code). The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2.1 The customer can send a non-binding request to submit an offer to the seller by telephone, e-mail, post or via the online contact form provided on the seller's website. At the customer's request, the seller shall send the customer a binding offer in text form (e.g. by e-mail, fax or letter) for the sale of the goods previously selected by the customer from the seller's range of goods.
2.2 The customer can accept this offer by submitting a declaration of acceptance to the seller by telephone, e-mail or post or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the deadline. The date of receipt of payment by the seller shall be decisive for acceptance by payment. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's place of business, the next working day shall take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller shall no longer be bound by his offer and may freely dispose of the goods again. The seller shall again specifically point this out to the customer in his offer.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the seller's offer.
4.2 The payment option(s) will be communicated to the customer in the seller's offer.
4.3 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.3 The aforementioned limitations of liability and shortening of time limits do not apply
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8.1 If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:
9.1 The Seller shall provide its services at its own discretion, either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.
9.2 The customer must provide the seller with the complete and truthful information required for the provision of the service owed, insofar as the procurement of this information is not the responsibility of the seller according to the content of the contract.
9.3 The seller shall contact the customer after conclusion of the contract in order to arrange an appointment for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller have access to the customer's relevant facilities on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10.3 The contract language is German.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Trade”, which are available on the Internet at https://www.fairness-im-handel.de
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