Terms and Conditions with Customer Information
(The following General Terms and Conditions also contain statutory information about your rights under the regulations on distance contracts and electronic commerce.)
1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Data Protection
12. Place of Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. The business relationship between …...................................................................................................................................................................................................................................................................
1.4. Deviating terms and conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise noted for the products. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The customer can non-bindingly select products from the seller's assortment and collect them in a so-called shopping cart using the "Add to Cart" button. Afterwards, the customer can proceed to complete the ordering process within the shopping cart via the "Proceed to Checkout" button.
3.2. By clicking the "Buy" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller then sends an automatic confirmation of receipt by e-mail to the customer, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation, or by sending the invoice.
3.4. If the seller enables prepayment, the contract comes into effect with the provision of bank details and the payment request. If payment, despite being due, is not received by the seller even after a renewed request within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the consequence that the order becomes void and the seller is not obliged to deliver. The order is then settled for both buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If prepayment is agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. Should the delivery of the goods fail due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments already made will be immediately refunded to the customer.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier without any fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to have a comparable product delivered, the seller will immediately refund any services already rendered to the customer.
5.5. Customers are informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., Paypal, their general terms and conditions apply.
6.4. If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from asserting further damages caused by default.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been received.
8. Warranty for Material Defects and Guarantee
8.1. The warranty is determined by statutory provisions.
8.2. A guarantee for goods delivered by the seller only exists if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.
9. Liability
9.1. For any liability of the seller for damages, the following exclusions and limitations of liability apply, without prejudice to other statutory claim requirements.
9.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slight negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slight negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The aforementioned limitations of liability do not apply to injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the Contract Text
10.1. The customer can print out the contract text before placing the order with the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions including the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the Internet.
11. Data Protection
11.1. The seller processes the customer's personal data for specific purposes and in accordance with statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller for the fulfillment and processing of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to receive free information about the personal data stored about him by the seller. In addition, he has the right to correct inaccurate data, block and delete his personal data, provided that there is no legal obligation to retain it.
11.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.
12. Place of Jurisdiction, Applicable Law, Contract Language
12.1. The place of jurisdiction and performance is the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
12.2. The contract language is German.
