GTC / AGB
General Terms and Conditions (GTC / AGB)
§1 Scope & Defense clause
(1) For the legal relationships established via this Internet store between the operator of the store (hereinafter „provider“) and its customers, the following General Terms and Conditions shall apply exclusively. 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 store does not constitute a binding offer by the provider to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.(2) By sending the order in the By sending the order in the Internet store, the customer makes a binding offer directed at the conclusion of a purchase contract for the goods contained in the shopping cart. With the sending of the order, the customer also recognizes these (3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
§3 Retention of title
The delivered goods remain the property of the supplier until full payment.
Payment of the purchase price is due upon conclusion of the contract. New customers must pay in advance for their first order.
(1) The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. For claims for damages by the customer against the provider, the provision in (2) The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items, for used items 1 year. For entrepreneurs the limitation period shall be 1 year for newly manufactured goods and 1 year for used goods. The above reduction of the limitation periods shall not apply to claims for damages by the customer due to injury to life, limb or health. of life, body or health as well as for claims for damages due to a violation of essential contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to hand over the item to the customer free of material defects and defects of title and to procure the ownership of the item. The aforementioned shortening of the limitation periods shall likewise not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Towards entrepreneurs likewise excluded from the reduction of the limitation periods is the right of recourse under § 478 BGB.(3) A guarantee is not declared by the provider.
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability shall also apply to the benefit of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them. (2) Excluded from the exclusion of liability specified in paragraph 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must provide the customer with the item free of material defects and defects of title and to procure ownership thereof. Also excluded from the exclusion of liability is the liability for damages resulting from an intentional or grossly negligent (3) The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
§7 Prohibition of assignment and pledge
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 legitimate interest in the assignment or pledging.
The customer shall only have a right of set-off if its claim put forward 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 provisions of the country in which the customer is has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.(2) The 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 company or a legal entity. 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.