General Terms and Conditions and Consumer Information
General Terms and Conditions and consumer information in the context of purchase contracts, available via our online shop, agreed between
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– hereinafter referred to as the “seller” – and the customer – hereinafter referred to as the “customer”.
§ 1 Scope of application and general notes
(1) Subject to individual arrangements and agreements which take precedence over these GTCs, the following terms and conditions apply to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer’s own conditions is hereby rejected.
(2) The customer is a consumer insofar as s/he is concluding the contract for purposes which cannot be primarily attributed to his/her commercial or independent professional activities. In contrast, a business person is any natural person, legal entity or partnership with a legal capacity that, in the course of entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
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(2) The essential characteristics of the goods arise from the respective product description determined by the seller.
(3) All offers in the seller’s online shop merely constitute a non-binding invitation to the customer to submit a corresponding offer to the seller. Once the seller has received the customer’s offer, the customer will initially receive confirmation of the order from the seller, usually via email (order receipt confirmation). The order receipt does not yet represent binding acceptance of the order. After receiving the customer’s order, the seller will check it in the short term, and will inform the customer within two working days whether the order has been accepted (order confirmation). The ordering process in the seller’s online shop works as follows:
(4) The customer selects items from the seller’s range and adds them to a so-called shopping basket by clicking on the “Add to basket” button. By clicking on the “Basket” button, the customer can see an overview of the selected items. By clicking on the “Buy now” button, the customer is making a binding offer to purchase the goods in the basket. Before submitting the order, the customer can view and change the data at any time by using the “Back” and “Next browser functions, displayed as arrow keys. The purchase offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button, thereby including them in the purchase offer. The seller then sends the customer an automatic order receipt confirmation via email, in which the customer’s order is listed again, and which the customer can print out by clicking on the “Print” button. The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller, and does not constitute acceptance of the purchase request. The contract is only concluded by the seller’s submission of its acceptance of the order, which is sent in a separate email.
§ 3 Subject matter of the contract, nature, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the context of his/her order, and named in the order receipt confirmation and/or order confirmation at the retail prices stated in the online shop. Mistakes and errors in the online shop are reserved, especially with regard to the availability of goods.
(2) The nature of the goods ordered arises from the product descriptions in the online shop. Images on the website may be an inaccurate reflection of the products; in particular colours may vary significantly for technical reasons. Images are for illustrative purposes only, and may differ from the actual product. Specifications, weights, measurements, and performance descriptions are as exact as possible, but may exhibit the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.
(3) If, at the time of the customer’s order, the product selected by him/her is not currently available, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from accepting the order. In such cases, a contract is not concluded.
(4) If the product selected by the customer is only temporarily unavailable, the seller shall inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer is entitled to withdraw from the contract. Incidentally, in such cases the seller is also entitled to withdraw from the contract. If the seller withdraws from the contract, the seller will immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company shall be made no later than two days after receipt of payment, or in the case of payment upon delivery no later than two days after the order confirmation. Delivery can take up to 5 days. The seller points out any potential deviation to delivery times on the respective product page.
(2) Delivery can be made within the EU only.
(3) All prices listed include statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer shall receive an invoice showing the applicable VAT.
§ 5 Payment
Payment is made in advance (PayPal).
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about the damage immediately to the delivery agent, and to contact the seller as soon as possible.
(2) Failure to make a complaint and/or failure to contact the seller has no consequences for the statutory warranty rights of the customer, but helps the seller to assert his/her own claims against the carrier or transport insurance company.
§7 Material defect warranty
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
(2) A warranty exists for goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.
(3) Complaints and claims for defects can be submitted to the address indicated in the supplier identification.
§ 8 Retention of title
The goods supplied remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory provisions apply.
§ 10 Wording
The wording will be saved on the vendor’s internal system. The customer may consult the General Terms and Conditions by accessing his/her customer account. The order details and General Terms and Conditions shall be sent to the customer via email. Once the order is completed, for reasons of security the order details are no longer accessible via the Internet.
§ 11 Final provisions
(1) The contract language is German.
(2) Contracts between the seller and the customer shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of moveable goods. This choice of law applies to consumers only insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn from the customer.
(3) If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for any disputes arising from contractual relationships between the customer and the seller is the seller’s domicile. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or his/her domicile or habitual residence is not known at the time the complaint is filed.
Rechtsanwalt Metzler – lawyer for competition law, trademark law, and copyright
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