General Terms and Conditions
For all orders made through this online shop, only the following general terms and conditions are valid, in the version corresponding to the date of purchase. Possibly existing general terms and conditions on the part of the customer have no validity. It is expressly noted that this Internet shop is located in Germany and governed by German law. Therefore also these General Terms and Conditions are related to the application of German law.
§ 2 Conclusion of the contract
The presentation of the goods in the Internet shop does not in itself constitute a legally binding offer to conclude a purchase contract on the part of the provider. By sending the order via the internet shop, the customer submits a binding offer directed towards the conclusion of a sale of the products contained in the basket and thereby recognises the aforementioned general terms and conditions as the only applicable legal relationship with the provider. The provider will acknowledge receipt of the customer's order by sending a confirmation e-mail. This confirmation does not in itself constitute acceptance of the contractual offer by the seller. It serves only to inform the customer that the order has been received by the provider. The declaration of acceptance of the offer will be made by the delivery of products or by an explicit declaration of acceptance.
§ 3 Due Date
Payment is due immediately upon conclusion of the contract.
§ 4 Retention of title
The delivered goods remain the property of the provider until payment is made in full.
§ 5 Warranty and liability
The customer warranty rights are governed by the general statutory provisions, insofar as hereinafter not otherwise determined. Inasmuch as used goods are sold, the limitation period in relation to the consumer is one year.
The statutory warranty period for customers who are businesses is reduced to one year. For used goods, the warranty is excluded for businesses.
Claims for damages by the customer against the provider are excluded, except insofar as hereinafter otherwise determined. The above disclaimer also applies to the legal representatives and agents of the provider should the customer make claims against these.
The reduction of the limitation periods specified in clauses 1 and 2 does not apply to claims based on injury to life, limb, health, nor to claims for damages on the grounds of violation of essential contractual obligations. Essential contractual obligations are those obligations whose fulfilment is necessary to achieve the objective of the contract, for example, the obligation of the provider to present the object to the customer free of material and legal defects and to hand over ownership of said object. Likewise, the above reduction of the limitation does not apply to claims for damages based on an intentional or grossly negligent breach of duty on the part of the provider, his legal representatives or agents. For businesses, the right of recourse under § 478 BGB (German Civil Code) is also excluded from the reduction of the limitation.
- Excluded from the disclaimers stipulated in clause 3 are claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those obligations whose performance is necessary to achieve the objective of the contract, for example, the obligation of the Provider to present the object to the Customer free of material and legal defects and to hand over ownership of said object. Also excluded from the disclaimer is liability for damages based on an intentional or grossly negligent breach of duty of the Provider, his legal representatives or agents.
- The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 6 Assignment and pledging ban
The assignment or pledging of claims or rights which entitle the customer against the seller is excluded without the consent of the provider, provided that the customer cannot prove a legitimate interest in the assignment or pledge.
§ 7 Set-off
The customer shall not have the right of set-off, unless the set-off claim has been legally determined or is undisputed.
§ 8 Choice of law & jurisdiction
The law of the Federal Republic of Germany shall hold jurisdiction over the contractual relationship between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The UN Sales Convention is excluded.
The place of jurisdiction for any disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, provided the customer is a businessman, a legal entity under public law or a special fund under public law.
§9 Severability clause
Should any provision of these general terms and conditions prove to be invalid, the validity of the remaining provisions shall not be affected.