Terms and Conditions
General Terms and Conditions of Business
I. General Terms and Conditions
1. scope of application
a. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the seller (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Buyer") via this online shop. Deviating terms and conditions of the Buyer shall not be recognised unless the Seller expressly agrees to their validity in writing.
b. For the identity and address of the seller, please refer to the supplier identification (imprint).
2. conclusion of contract
a. The product range presented in the Seller's online shop does not constitute a binding offer on the part of the Seller, but serves as an invitation to the Buyer to submit a binding offer.
b. The Buyer may select products from the online shop's assortment and collect them in a virtual shopping cart via a button labelled "Add to cart". At any time, the Buyer can view the contents of the shopping cart by pressing the "Shopping Cart" button and change them using the functions provided for removing, adding or adjusting items.
c. When pressing the "Checkout" button, the customer has the option of logging in via his customer account or registering for this and thus entering or selecting his address. Once again, the customer can view the selected items in the shopping basket overview and change them using the functions provided for removing or adjusting items. The customer also has the option of selecting the payment method here. By clicking the "Buy now" button, the customer makes a binding offer to purchase the goods in the shopping basket.
d. By clicking on the button "Checkout with Paypal Express", the customer has the option of registering with the Paypal payment service and thus automatically transferring his address data. By clicking on the "Buy now" button, the customer makes a binding offer to purchase the goods in the shopping basket.
e. The Seller will immediately confirm receipt of the offer to the Buyer by means of an automatic confirmation of receipt by e-mail, in which the Buyer's order is listed again and which the Buyer can print out using the print function provided by his terminal device.
f. The Seller accepts the Buyer's offer by sending this acknowledgement of receipt.
g. The contract language is German.
h. The text of the contract shall be stored by the Seller and sent to the Buyer in text form after the Buyer has sent his order together with these General Terms and Conditions and the cancellation policy. Beyond that, it is not accessible to the customer.
3. retention of title
a. If the buyer is a consumer, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
b. If the buyer is an entrepreneur, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
4. prices and costs
a. All prices stated on the Seller's website are total prices including the applicable statutory value added tax.
b. Any additional delivery and shipping costs will be stated separately in the respective product description and in the order form and are to be borne by the Buyer, unless the Buyer as a consumer makes use of his right of withdrawal.
c. If the Seller delivers to countries outside the European Union, further costs may be incurred in individual cases, which are to be borne by the customer. These include, for example, costs of monetary transactions (e.g. transfer fees, costs for foreign currencies) or import duties or taxes (e.g. customs duties and import turnover tax).
d. The due date of the purchase price is determined by the method of payment offered by the seller and the method of payment selected by the customer in each case.
i. In principle, payment is due immediately after conclusion of the contract.
ii. If the seller offers the payment method "cash on delivery" and the customer selects this, payment is due upon delivery of the goods.
iii. If the seller offers the payment method "On account" and the customer selects this, the purchase price is to be paid within ten days of receipt of the invoice and delivery of the goods without deduction, unless otherwise agreed.
5. delivery, availability
a. The goods shall be dispatched by post or parcel delivery, unless otherwise agreed.
b. The shipping risk shall be borne by the supplier if the buyer is a consumer. This does not apply if the buyer is an entrepreneur.
c. The vendor 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. In the event of non-availability or only partial availability of the goods, the Buyer shall be informed thereof without delay and any consideration already paid shall be refunded without delay.
The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
a. Claims of the buyer for damages exist only according to the following provisions and are otherwise excluded.
b. The Seller shall be liable without limitation for any legal reason for claims for damages by the Buyer in the event of intent or gross negligence, in the event of injury to life, limb or health and on the basis of a promise of guarantee, unless otherwise regulated in this respect.
c. In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Seller's liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the buyer may regularly rely.
d. The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
e. Mandatory statutory provisions such as those of the Product Liability Act shall remain unaffected.
8. final provisions
a. Contracts between the Seller and the Buyer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
b. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller shall be the Seller's registered office.
The EU Commission has provided a platform for online dispute resolution. This platform can be reached under the following link: http://ec.europa.eu/consumers/odr/.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.