General terms and conditions
By all means please read these important information before you order! Information
§ 1 Area of validity & defense clause
§ 1 Area of validity & defense clause
(1) For the reasonable legal relationships for this Internet-Shop between the operator of the shop (in the following „provider“) and his customer solely the following general terms and conditions are valid in the respective version by the point in time of the order.
(2) Deviant general terms and conditions of the customer are being rejected. These will only be valid if they are particularly acknowledged by the provider in written form.
§ 2 Accomplishment of the contract
The presentation of the products in the Online-Shop doesn’t outline a legally binding offer but a tentative online-catalog. After entering of your personal data and by clicking of the button named “submit order” in the final step of the ordering process you submit a binding order of the wares contained in the consumer basket. The acknowledgement of the arrival of the order is following immediately after the submitting of the order. The sale contract is achieved after our order acknowledgement.
§ 3 Right of revocation for consumer within the meaning of § 13 BGB
Right of revocation
You can cancel your contractual declaration within 2 weeks without giving a reason in written form (e.g. letter, E-Mail) or – if the thing is dedicated to you before deadline – by sending back the thing. The deadline begins after receiving of this admonition in written form, but not before arrival of the ware at the receiver (in the case of a recurring delivery of equal wares not before arrival of the first part delivery) and also not before compliance of our information duties according to § 312c Abs. 2 BGB associated with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our duties according to § 312e Abs. 1 sentence 1 BGB in connection with § 3 BGB-InfoV. To maintain the cancellation deadline a submitting of the cancellation or the thing in time is enough.
The cancellation it to be dedicated to:
In case of an effective cancellation the services receipt from both sides are to be given back and as the case may be used emoluments (e.g. interest) are to be given out. If you can’t give back the receipt services wholesome or partly or only in worse condition, insofar as the case may be you have to accomplish a compensation. This isn’t valid for the dedication of things if the worsening of the thing is exclusively attributable to the checking of it – in the way of how it would be possible to you say in the retail shop. Apart from that you can prevent the duty of compensation of a worsening generated by the designated use of the thing, by not bringing the thing into use like your property and to refrain from everything which can affect its value. Things enabled for packet sending are to be sent back at our peril. You have to bear the charges of sending back, if the delivered ware corresponds to the ordered one and if the price of the thing which has to be sent back doesn’t exceed an amount of 40 Euro or if you haven’t reciprocated a counter performance or haven’t paid the agreed part payment in case of a higher price of the thing by the time of the revocation. In other cases the sending back is free to you. Articles not enabled for sending as a package are collected at your place. Duties for refunding of payments have to be fulfilled within 30 days. The deadline for you begins with sending in of your cancellation declaration or of the thing and for us with its receiving.
For a service your right of revocation is deleted prematurely if your contract partner has begun with the execution of the service with your expressly authorization before end of the cancellation deadline or if you by yourself have induced this.
End of the cancellation admonition
§ 4 Reservation of ownership
The delivered ware keeps being ownership of the vendor until the complete payment.
§ 5 Maturity
The payment of the purchase price is due by formation of a contract.
§ 6 Warranty
(1) The warranty rights of the customer conform to the general legal regulations, as far as nothing else is determined in the following. For compensation claims of the customer against the vendor the rule in § 7 of this GTC are valid.
(2) The limitation period for warranty claims of the customer results for consumers of newly produced things in 2 years, for used things 1 year. The limitation period for entrepreneur’s amounts to 1 year for newly produced things, for used things 6 month. The present shortening of the limitation period is not valid for compensation claims of the customer because of a harm of life, body, health as well as for compensation claims because of a harm of essential contract duties, essential contract duties and such ones whom fulfilling is necessary for reaching the aim of the contract. The present shortening of limitation period is also not valid for compensation claims which relay on a calculated or reckless delinquency of the vendor, his legal representation or vicarious agent.
(3) No guaranty is warranted by the provider.
§ 7 Exclusion of liability
(1) Compensation claims of the customer are excluded insofar if in the following nothing else is determined. The existing exclusion of liability is also valid in benefit of the legal representation and vicarious agent of the provider insofar as the customer alleged claims against these.
(2) Excluded from the exclusion of liability determined under digit 1 are exclusions of liability because of a harm of life, body, health and exclusion of liability from a harm of essential contract duties. Essential contract duties are such ones whom fulfillment is necessary for the reaching of a goal of the contract. Also excluded from the exclusion of liability is the liability for damages which relay on a calculated or reckless violation of duty of the provider, his legal representation or vicarious agent.
(3) Regulations of the product liability law (ProdHaftG) stay untouched.
§ 8 Non-assignment clause and forbidding of pledge
The assignment or pledge of the customer against rights of claims belonging to the provider is excluded, insofar the vendor doesn’t agree to it in written form. The vendor has only the duty to agree to it if the customer verifies a legitimate interest in the assignment or pledge.
§ 9 Offsetting
An offsetting right of the customer only exists if his demand put into offsetting is legally proven or not doubtful.
§ 10 Choice of law and jurisdiction
(1) The law of the federal republic of Germany is valid for the contract relationship between the vendor and the customer. The application of the UN-purchase right is excluded.
(2) Jurisdiction for all controversies of the contract relationship between the vendor and the customer is the location of the provider insofar the customer is a matter of a salesman, a juristic person of the public law or a separate property of the public law.
§ 11 Salvadorians clause
If a clause of these general terms and conditions should be void, the effectiveness of the other clauses is still untouched.
With the agreement to the GTC you also confirm at the same time that you have read the customer information!