Terms & Conditions
§ 1 Scope & defense clause
( 1) the following terms and conditions apply to the legal relationship between the operator of the online-shop ( hereinafter "Provider " ) and its customers in the current version at the time of order.
( 2) Deviating General Terms of conditions of the customer will be rejected .
§ 2 Conclusion of the contract
( 1) The presentation of the goods in the internet shop is not a binding offer of the supplier to conclude a sales contract, the customer will only be required to submit an offer through an order.
( 2) By sending the order via the internet store , the customer makes a binding offer to conclude a contract of sale of the goods contained in the shopping cart . By submitting the order, the customer accepts the terms and conditions as the legal relationship with the seller alone prevail .
( 3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not yet an acceptance of the contract 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 is made by the delivery of goods or an explicit declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 4 Due-date
The payment of the purchase price is due with the conclusion of the contract.
§ 5 Warranty
(1 ) The warranty rights of the customer are governed by the general statutory provisions , insofar as nothing else is assigned. For damage claims by the customer against the supplier see § 6 of the stated terms and conditions.
( 2) The statutory period of limitation for guarantee claims of the customer with regard to newly produced items is 2 years and for used goods 1 year . With regard to companies , the limitation period for newly manufactured goods and for used goods is 1 year . The above reduction of the period of limitation does not apply to compensation claims by the customer due to injury to life, body or health, as well as claims for damages due to breach of contract .
Fundamental contractual obligations are those which are essential for the achievement of the aims of the contract, eg the provider has to pass the item over to the customer free from material defects and deficiencies and to transfer ownership to the customer. The above reduction of the limitation period also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
Companies are also excluded from the right of recourse requirement under § 478 BGB.
(3 ) A guarantee is not explained by the provider .
§ 6 Disclaimer
(1 ) Claims for damages by the customer are excluded, as long as nothing else is determined. The above disclaimer applies to the legal representatives and agents of the provider, if the customer asserts claims against these claims .
(2) Exempted from the liability specified in secton 1 are damages based on injury of life, limb, health and clams for damages from the breach of contract. Essential contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg the provider has to pass the item over to the customer free from material defects and deficiencies and to to transfer ownership to the customer.
Also excluded from the disclaimer is the liability for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
( 3) provisions of the Product Liability Act (ProdHaftG ) remain unaffected.
§ 7 Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights shall be excluded without the consent of the provider, if the customer has a legitimate interest in the assignment or pledge .
§ 8 Set-Off
Set-off rights of the customer exists only if its set-off claim was legally established or is undisputed.
§ 9 Choice of Law & Jurisdiction
( 1) For the contractual relationship between the provider and the customer, the law of the Federal Republic of Germany shall apply. Exceptions to this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
(2 ) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the supplier, provided that the Customer is a merchant, a legal entity under public law or a public law special fund.
§ 10 Severability
If any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby.
§ 11 Online Dispute Resolution
Online Dispute Resolution in accordance with Article 14 , Section 1 of ODR - VO : The European Commission provides a platform for online dispute resolution ( OS )/ provides that under http://ec.europa.eu/consumers/odr.