General Terms and Conditions
table of contents
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of Delivery and Shipping
6. Retention of title
7. Liability for defects (guarantee)
8. Exemption in case of violation of third-party rights
9. Applicable law
10. Information on online dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with respect to the goods and/or services presented by the Seller in his online shop. This shall not allow the customer's own terms and conditions to be included, unless otherwise agreed.
1.2 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After having placed the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. In addition, the customer can also submit the offer to the seller by telephone or e-mail.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or
by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller and sent to the customer in text form (e..B. e-mail, fax or letter) after sending his order and the present GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account, stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there by means of the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.
3) Right of withdrawal
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 cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for the transfer of funds by credit institutions (e.B. transfer fees, exchange rate fees) or import duties or taxes (e.B. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has at his disposal various payment options, which are indicated in the seller's online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5) Terms of Delivery and Shipping
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail. By way of derogation from this, the delivery address deposited by the customer at the time of payment at the time of payment with PayPal shall prevail when selecting the PayPal payment method.
5.2 If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him in advance.
5.3 The goods can be picked up by prior arrangement.
6) Retention of title
If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.
7) Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 By way of derogation from this, the limitation period for claims for defects in used goods is one year from the delivery of the goods to the customer. However, the reduction of the limitation period to one year does not apply
for goods which, in accordance with their usual use, have been used for a structure and which have caused its defectiveness,
for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty on the part of the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
for other damages resulting from an intentional or grossly negligent breach of duty on the part of the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, and
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Exemption in case of violation of third-party rights
If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the contents provided by the seller for the purpose of processing do not infringe the rights of third parties (e.B.g. copyrights or trademark rights). The customer inregards the seller with claims of third parties, which they can assert against them in connection with a violation of their rights by the contractual use of the customer's contents by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. This does not apply if the infringement is not the customer's foregone action. In the event of a claim by third parties, the customer is obliged to provide the Seller immediately, truthfully and completely with all the information necessary for the examination of the claims and a defence.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.
10) Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.