Terms and Conditions (GTC)
§ 1 Scope & Defense Clause
(1) For the substantiated legal relations between the owner of the Internet shop (hereinafter "Provider") and its customer, only the following terms and conditions apply in the current version at the time of order.
(2) Other general conditions of the customer will be rejected.
§ 2 Conclusion of contract
(1) The presentation of the goods on the internet shop is not a binding offer by the supplier to conclude a purchase contract. The Customer shall only be required to submit an order through an offer.
(2) By sending the order via the Internet shop the customer gives a binding offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order the customer accepts these terms and conditions prevail to the legal relationship with the provider alone.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This confirmation is not yet accepting the contract offer by the provider; the purpose is only to inform the customer that the order has been received by the supplier. The declaration of acceptance is done through the delivery of goods or an explicit declaration of acceptance.
§ 3 Reservation of Title
The delivered goods remain the owner's property until the provider has received the full payment.
§ 4 Due
The purchase price has to be payed when the contract becomes active.
§ 5 Warranty
(1) The warranty rights of the customer are based on the general statutory provisions, if nothing else is determined. For claims of the customer to the provider, § 6 of these Terms and Conditions applies.
(2) The limitation period for warranty claims of customers is 2 years for new products and 1 year for used goods. The above reduction of the period of limitation does not apply to damages by the customer due to an injury to life, limb, health, and claims for damages for breach of fundamental contractual obligations. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg the provider has to give the customer the item free of material defects and deficiencies and to give the item to him. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. With entrepreneurs also excluded from the reduction of the limitation is the reliance claim under § 478 BGB.
(3) A guarantee is not explained by the provider.
§ 6 Disclaimer
(1) Claims for compensation by the customer are excluded unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer claims against these claims.
(2) Of the specific exception in section 1 liability claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has to give the customer the item free of material defects and deficiencies and to give the item to him. From the disclaimer also excluded is liability for damage caused by an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 assignment and pledge ban
The assignment or pledge of the customer to the provider claims or rights without the consent of the provider excluded, unless the customer has a legitimate interest in the assignment or pledge.
A customer's right of setoff exists only if its set-off claim has been established or is undisputed.
§ 9 Applicable Law & Jurisdiction
(1) On the contractual relationship between the supplier and the customer to the right of the Federal Republic of Germany. Exceptions to this choice are the mandatory consumer protection provisions of the country where the customer has his habitual residence. The application of the CISG is excluded.
(2) jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if it is the customer is a merchant, a legal entity under public law or a public sector fund.
§ 10 Severability clause
If any provision of these Terms be invalid, the validity of the remaining provisions shall not be affected.