Terms of service
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Divant GmbH) via the website www.divant.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is listed on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system as your payment method (e.g.b If you use PayPal, Paypal Express, Klarna, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection there. Enter your data. Finally, you will be redirected back to the order overview page in our online shop.
Before sending the order, you have the opportunity to check all the information again, change it (also using the “back” function of the internet browser) or cancel the purchase.
By submitting the order using the “buy” button, you declare your legally binding acceptance of the offer, which means the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g.b by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract Disposal. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and therefore accept no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Credit check
If we make advance payments, e.g.b If you pay by invoice or direct debit, your data will be passed on to infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, for the purposes of credit checks based on mathematical and statistical procedures in order to protect our legitimate interests. We reserve the right to refuse you payment by invoice or direct debit as a result of the credit check.
(2) Payment by invoice via Klarna Germany
In collaboration with Klarna, we offer you purchase on account as a payment option.The payment period is 14 days from the invoice date. The invoice will be issued when the goods are dispatched and will be sent either by email or together with the goods.Payment is made to Klarna. Please note that Klarna invoice is only available for consumers.The complete terms and conditions for purchase on account can be found here.
Data protection notice
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit reporting agencies.Your personal information will be treated in accordance with the applicable
data protection regulations and in accordance with the information in the Klarna data protection regulations.
(3) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA company direct debit, you authorize us to issue a corresponding SEPA mandate to collect the invoice amount from the specified account.
The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return debit due to your fault, you will have to pay the applicable bank fee.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided 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 your place of residence or habitual residence is not known at the time the action is filed. The right to appeal 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 expressly do not apply.
II. Customer information
1. Identity of the seller
Divant GmbH
Falltorstr 16
51429 Bergisch Gladbach
Germany
Telephone: 0157 506 770 31
Email: info@divant.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.)
3. Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3 If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g.b by email, which you can print out or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price.They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.
5.3Any costs incurred for the money transfer (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless 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.
7. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
last updated: 19.10.2021
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