Terms and Conditions (GTC)
§ 1
Scope & defense clause
(1) For the justified on the Internet shop legal relations between the operator of the shop (hereinafter "Provider") and its customers, the following terms and conditions apply to the current version at the time of ordering.
(2) Different terms and conditions of the customer will be rejected.
§ 2
Formation of Contract
(1) The presentation of goods on the internet shop is not a binding offer by the supplier to conclude a contract of sale, the Customer shall only be required to submit an order through a deal.
(2) By sending the order via the internet shop, the customer makes a binding offer to conclude a contract on the basket of goods. By submitting the order, the customer accepts these terms and conditions as the legal relationship with the provider alone prevail.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not the acceptance of the offer by the seller represents it serves only to inform the customer that the order has been received from the supplier. The declaration of acceptance of the offer made by the delivery of goods or an explicit acceptance.
§ 3
Retention of title
The delivered goods remain until full payment of the property of the provider.
§ 4
Maturity
The purchase price is payable with the contract.
§ 5
Warranty
(1) The warranty rights of the customer are governed by the general law, unless provided otherwise. For claims for damages by the customer against the supplier is the provision in § 6 of these Terms and Conditions.
(2) The limitation period for warranty claims of customers of consumer products with new things 2 years in used goods 1 year. With regard to companies, the limitation period for new goods and for used items 1 year. The above reduction of the period of limitation does not apply to claims for damages by the customer due to injury to life, limb or health or for damages based on a breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg the provider has given to the customer the item free of material defects and deficiencies and to the property to her. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. With regard to companies also excluded from the reduction of the limitation of the right of recourse under § 478 BGB.
(3) A guarantee is not explained by the provider.
§ 6
Disclaimer
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer makes claims against these claims.
(2) Excepted from the period given in Clause 1 Disclaimer claims for damages due to injury to life, limb, health, and damage claims resulting from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg the provider has given to the customer the item free of material defects and deficiencies and to the property to her. Of the disclaimer is also excluded liability for damage resulting from an intentional or grossly negligent breach of the provider, his legal representatives or 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 is impossible without the consent of the provider, unless the customer has a legitimate interest in the assignment or pledge.
§ 8
Offsetting
Off rights of the customer exists only if its set-off claim was legally established or undisputed.
§ 9
Choice of Law and Jurisdiction
(1) The contractual relationship between the provider and the customer finds the right of the Federal Republic of Germany. Excluded from this choice of law, the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the CISG 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, unless that client is a businessman, a legal entity under public law or a public sector fund.
§ 10
Severability If any provision of these Terms is invalid, the validity of the remaining provisions shall remain unaffected.
