General Terms and Conditions (GTC) - Status 1.5.2015

§ 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 established via this Internet store between the operator of the store (hereinafter referred to as "Supplier") and its customers.

(2) Deviating general terms and conditions of the customer are rejected.

§ 2
Contract language


The contract language is German.

§ 3
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 merely invited to make an offer by placing an order.

(2) By sending the order in the Internet store, the customer submits a binding offer directed to 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 shall confirm 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.

§ 4
Retention of title


The delivered goods remain the property of the supplier until full payment.

§ 5
Maturity


Payment of the purchase price is due upon conclusion of the contract.

§ 6
Warranty


(1) The Customer's warranty rights shall be governed by the general statutory provisions, unless otherwise provided below. The provision in § 6 of these GTC shall apply to the customer's claims for damages against the provider.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. 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 pursuant to § 478 BGB (German Civil Code) shall also be excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.

§ 7
Disclaimer


(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability shall also apply in favor of the legal representatives and vicarious agents of the Provider, insofar as the Customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in clause 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 vicarious agents.

(3) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.

§ 8
Prohibition of assignment and pledge


The assignment or pledging of claims or rights to which the Customer is entitled against the Provider is excluded without the consent of the Provider, unless the Customer proves a legitimate interest in the assignment or pledging.

§ 9
Offsetting


The customer shall only have a right of set-off if its claim put forward for set-off has been legally established or is undisputed.

§ 10
Choice of Law & Jurisdiction


(1) The contractual relationships 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 Provider's registered office, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.

§ 11
Salvatory clause
Sollte eine Bestimmung dieser Allgemeinen Geschäftsbedingungen unwirksam sein, wird davon die Wirksamkeit der übrigen Bestimmungen nicht berührt.

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