GTC
General Terms and Conditions (GTC)
1 Scope & Defence Clause
1.1 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 shop between the operator of the shop (hereinafter "Supplier") and its customers.
1.2 Deviating general terms and conditions of the customer are rejected.
2 Formation of the contract
2.1 The presentation of the goods in the Internet shop 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.
2.2 By sending the order in the Internet shop, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the supplier.
2.3 The Supplier confirms receipt of the Customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual 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 supplier until full payment has been made.
4 Prices and terms of payment
4.1 The prices quoted by the Seller are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately on the Seller's offer page.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 Various payment options are available to the customer, which are indicated on the respective offer page of the supplier.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5 Warranty
5.1 The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 6 of these GTC applies to the customer's claims for damages against the supplier.
5.2 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 is 1 year for newly manufactured goods and 1 year for used goods. The above reduction of the limitation periods does 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 fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. 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 supplier, its legal representatives or vicarious agents. The right of recourse pursuant to Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs.
5.3 A guarantee is not declared by the supplier.
6 Disclaimer
6.1 Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability shall also apply in favour of the Provider's legal representatives and vicarious agents if the Customer asserts claims against them.
6.2 Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier 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 damage caused by an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
6.3 The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
7 Prohibition of assignment and pledge
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 justified interest in the assignment or pledging.
8 Offsetting
The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed.
9 Choice of law & place of jurisdiction
9.1 The contractual relations 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.
9.2 The place of jurisdiction for all disputes arising from the contractual relationship between business customers (not end consumers) and the Provider is the Provider's registered office.
10 Complaints
10.1 Complaints should be addressed to: http://ec.europa.eu/consumers/odr/ (as of 15.02.2016 active)
11 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.