General terms and conditions
§ 1 Scope & Defense Clause
(1) For the legal relations justified over this Internet Shop between the operator of the Shops (in the following “offerer”) and its customers exclusively the following general trading conditions apply in the respective version at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the goods in the internet shop does not constitute a binding offer by the supplier to conclude a sales contract. The customer is thereby only requested to submit an offer by placing an order.
(2) By sending the order in the Internet shop, the customer makes a binding offer directed to the conclusion of a sales contract for the goods contained in the shopping cart. With the sending of the order the customer recognizes also these trading conditions as for the legal relation with the offerer alone authoritatively.
(3) The supplier confirms the receipt of the order of the customer by sending a confirmation e-mail. This order confirmation does not represent yet the acceptance of the contract offer by the offerer. It merely serves to inform the customer that the order has been received by the provider. The explanation of the acceptance of the contract offer takes place by the distribution of the commodity or an express declaration of acceptance.
§ 3 Retention of title
The supplied commodity remains up to the complete payment in the property of the offerer.
§ 4 Due date
Payment of the purchase price is due upon conclusion of the contract.
§ 5 Warranty
(1) The customer’s warranty rights shall be governed by the general statutory provisions unless otherwise specified below. For claims for damages of the customer against the supplier the regulation in § 6 of these AGB applies.
(2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured goods and for used goods is 1 year. The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment 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 shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods in respect of entrepreneurs.
(3) A guarantee is not declared by the provider.
§ 6 Exclusion of liability
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability shall also apply in favour of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Claims for damages due to injury to life, body, health and claims for damages arising from the breach of essential contractual obligations are excluded from the exclusion of liability determined under Item 1. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider 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 damages resulting from an intentional or grossly negligent breach of duty on the part of the provider, its legal representatives or vicarious agents.
(3) The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
§ 7 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, 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 for set-off has been legally established or is undisputed.
§ 9 Choice of law & place of jurisdiction
(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 regulations 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.
(2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
§ 11 Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and Art. 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are prepared to participate in an out-of-court conciliation procedure.