General Terms And Conditions
§ 1 Purview
For business relations between ourselves or the seller and the purchaser or the buyer, the following general terms and conditions for orders via the Internet shop apply, valid in the version at the time of the order.
§ 2 Formation of a Contract
The presentation of our products on our Internet presence only contains an invitation to the customer to make an offer of contract. By sending an order, the buyer makes an obligatory offer to conclude a sales contract. The buyer will receive an acknowledgement of receipt of the order via e-mail. This order confirmation does not constitute any acceptance of the buyer’s offer, but it shall only inform the buyer that his order has been received by us.
The contract will come to existence with the seller, if we accept the offer of the buyer in writing or in text form within 10 workdays after sending the order. To this extent the time of the access of the declaration of acceptance to the customer is essential. Workday means any calendar day which is not a Sunday or a nationwide applicable statutory holiday.
§ 3 Specification of Services
The properties described in the specification of services define the characteristics of the delivery item. In particular, public statements of the seller, producer, their assistants or third parties (e.g. representations of product characteristics in public) do not contain any descriptions of the delivery item that add or alter this specification of services.
§ 4 Delivery and Delivery Charges
(1) The delivery takes place at the delivery charges accounted in each individual case.
(2) The buyer defrays the costs of shipping from the place of the seller’s business, unless he exceeds an appropriate proportion to the value of the delivery item.
§ 5 Reservation of Title
The delivery item remains property of the seller until payment is made in full.
§ 6 Payments and Maturity of the Purchase Price
(1) Only payment methods are accepted which are indicated to the customer as part of the ordering process. The customer receives the bill with the dispatch of goods in paper form immediately after the completed order process.
(2) The payment of the purchase price in its entirety is due at delivery. If the buyer does not pay within 14 days after delivery, he will be in default without further explanations of the seller. In the case of the existence of defects, the buyer has no right of detention, if the retention is not in an appropriate proportion to the defects and the prospective costs of supplementary performance (in particular a removal of defects).
§ 7 Obligation to give Notice of Defects
The buyer is obliged to indicate obvious defects to the seller within 7 days after receiving the goods. To keep the term the dispatch of the notice within the deadline is sufficient. Later appearing defects must be notified immediately. The defects have to be described in writing and as detailed as possible by the buyer.
If the buyer indicates a defect, which does not exist according to the sellers inspection, and if the buyer had notice of the inexistence of the defect at the notification or he was wrong about this arising from negligence, the buyer has to compensate the seller for the resulting damage. The buyer is entitled to prove that the indicated defect does exist after all. Under the provisions above the seller shall particularly be entitled to demand reimbursement from the buyer for the expenses incurred, for example for inspecting the goods or for the repair demanded by the purchaser.
§ 8 Rectification of Defects
If the buyer wants indemnity instead of the deliverables in case of a defect and if the item is to be repaired, a failure of the repair shall be held given only after a second attempt has failed. The legally defined cases of expendability of setting a deadline shall remain unaffected.
§ 9 Liability
(1) In all cases of intent or gross negligence on part of the seller, a representative or auxiliary person, as well as in case of a culpably caused injury of life, body or health in accordance with the statutory regulations, the seller is liable. In addition, the seller shall only be liable in accordance with the product liability law, for culpable breach of fundamental contractual obligations, or as far as the seller fraudulently concealed the defect, or if the seller granted warranty of the property of the delivery item. But the indemnity claim for the culpable breach of fundamental contractual obligations shall be limited to foreseeable damages typical for the contract, as far as no other case of the cases listed on page 1 or page 2 is given at the same time.
(2) The regulations of the preceding § 9 (1) apply for all damage claims (especially for indemnity in addition to performance and indemnity in lieu of performance), for whatever legal reason, in particular for defects, breach of obligations resulting from the obligatory relation or a tortious act. They also apply to the claim to reimbursement of futile expenditures. But the liability for default is defined according to § 12 of these conditions, the liability for impossibility according to § 13 of these conditions.
(3) A change of burden of proof to the disadvantage of the buyer is not connected to the preceding provisions.
§ 10 Information for Consumers on Distance Selling Contracts and Customer Information on Contracts in Electronic based Business Connections
(1) We are not subject to any special and previously unmentioned codes of conduct.
(2) You can recognize any input errors of the order at the final confirmation before sending off your contractual declaration and correct these any time using the delete and change function before finally sending the order.
(3) The essential features of the goods offered by us and the period of validity of time-limited offers, please refer to the particular product descriptions in the context of our website.
(4) The languages available for the contract closing are German and English/is German
(5) Complaints and claims for liability of defects you may raise at the address listed in the provider identification.
(6) The text of the contract is not stored by us, so it is not accessible to you as customer through us after conclusion of contract.
(7) For information on payment, delivery or fulfillment, please refer to the offer itself.
§ 11 Provision of Self-Supply - Availability
The seller is entitled to rescind the contract, if he does not get the delivery item on his side despite the previous conclusion of a respective contract of purchase; the seller's responsibility for intent or negligence shall remain unaffected in accordance with § 8 of these conditions. The seller will inform the buyer immediately whenever the delivery item will not be available on time, and if he wants to rescind, exercise the right of withdrawal immediately; in case of rescission, the seller will reimburse the buyer with the respective consideration immediately.
§ 12 Limitation of Liability in the Case of Delay
(1) If the failure to meet any deadlines results from force majeure, e.g. mobilization, war, turmoil or any similar event that is not represented by the seller, e.g. strike or lock-out, the deadlines shall be extended by the period of time the aforementioned event or its consequence will last.
(2) In case of delay the seller is liable with the performance in cases of intent or gross negligence on the part of the seller or a representative or a proxy, and in the case of a culpably caused injury to life, body or health in accordance with the legal regulations. In other cases of delay the seller’s liability for the indemnity in addition to the performance will be limited to 10 %. Further claims of the buyer are excluded, even after expiration of any deadline which the seller has been set for performance. The damage claim for culpable damages to the central contractual obligations is, however, limited to the damages that are typical for the contract and foreseeable, so far as no other case according to page 1 of this section (2) is given at the same time. The buyer’s right of rescission of the contract remains unaffected. A change of burden of proof to the disadvantage of the buyer is not connected to the preceding provisions.
§ 13 Liability in case of impossibility
If the delivery is impossible, the buyer will be liable in cases of intent or gross negligence of the seller or a representative or a seller’s proxy, as well as in case of a culpably caused injury to life, body or health in accordance with the legal regulations. In other cases of impossibility the buyer’s claim to indemnity is restricted to 10 % of the value of the delivery, in addition to and/or instead of the performance including the compensation of futile expenditure. Further claims of the buyer concerning impossibility of the delivery are excluded, even after expiry of any period which the seller may have been set for performance. The constraint does not apply in the case of culpable breach of important contractual obligations. But the indemnity claim for the culpable breach of important contractual obligations is limited to foreseeable damage typical for the contract, as far as no other case according to page 1 is given at the same time. The buyer’s right of rescission of the contract remains unaffected. A change of burden of proof to the disadvantage of the buyer is not connected with the preceding provisions.
§ 14 Rescission
The buyer may rescind the contract within the framework of the statutory regulations only if the seller is responsible for the breach of duty. In the event of breaches of duty the buyer shall declare within a reasonable period, after being requested by the seller, whether he will rescind the contract because of the breach of duty, or insists on the delivery. In the case of defects, however, the legal regulations concerning the rescission apply.
§ 15 Storage Charge
If the buyer’s default in acceptance leads to a delay of the delivery, the buyer has to reimburse the seller the common storage charge for the period of delay. The seller is also entitled to employ a forwarding to store the item, and to charge the actual expenditures which arise here from the buyer.
§ 16 Set-off
The buyer is only entitled to offset claims which are undisputed or has been validly determined.
§ 17 Part Delivery
Part deliveries are permissible as far as these are reasonable for the buyer.
§ 18 Other Matters
(1) If the place of business or the place of residence of one contracting party is not in the Federal Republic of Germany, Germany will not be the exclusive jurisdiction. Exclusive jurisdictions, e.g. for the judicial dunning process, remain unaffected.
(2) The legal relationships of the parties shall be governed by German law, excluding the reference norm of the International Private Law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) In case of legal invalidity of individual regulations, the contract remains binding in its residual sections. In place of the ineffective regulations, the legal regulations become law, if available.