General Terms And Conditions
In the event of domain disputes or competition law or similar problems, we ask you to contact us in advance to avoid unnecessary litigation and costs.
§ 1 Scope & defense clause
(1) The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationships between the operator of the store (hereinafter referred to as the "Provider") and its customers established via this Internet store.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the goods in the Internet store does not constitute a binding offer by the provider to conclude a purchase contract. The customer is only requested to make an offer by placing an order.
(2) By sending the order in the Internet store, the customer makes a binding offer directed at the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the provider until full payment.
§ 4 Maturity
Payment of the purchase price is due upon conclusion of the contract.
§ 5 Warranty
(1) The warranty rights of the customer are governed by the general statutory provisions, unless otherwise provided below. For claims for damages by the customer against the provider, the provision in § 6 of these terms and conditions.
(2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, for used items 1 year. For entrepreneurs, the limitation period shall be 1 year for newly manufactured items and 1 year for used items. The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health, or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those the fulfillment of which is necessary to achieve the objective of the contract, e.g. the Provider shall hand over the item to the Customer free of material defects and defects of title and shall procure ownership thereof. The above reduction of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.
(3) A guarantee is not declared by the provider.
§ 6 Exclusion of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and agents of the provider, if the customer asserts claims against them.
(2) Excluded from the exclusion of liability stipulated in section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents.
(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer proves a legitimate interest in the assignment or pledging.
§ 8 Offsetting
A right of set-off of the customer exists only if his claim for set-off has been legally established or is undisputed.
§ 9 Choice of Law & Place of Jurisdiction
(1) The contractual relationship between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Provider shall be the registered office of the Provider, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
In the case of domain disputes or problems with competition law or similar, we ask you to contact us in advance to avoid unnecessary legal disputes and costs.
The cost of a legal warning without prior contact with us will be rejected as unfounded in the sense of the duty to mitigate damages.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court dispute resolution procedure.
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