TERMS OF SERVICE
§1 scope & defense clause
(1) For the legal relationships established via this internet shop between the operator of the shop (hereinafter referred to as the "provider") and his customers, the following general terms and conditions apply 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 shop does not constitute a binding offer on the part of the provider to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.
(2) By submitting the order in the internet shop, the customer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.
§3 retention of title
The delivered goods remain the property of the provider until full payment.
§4 due date
The payment of the purchase price is due upon conclusion of the contract.
(1) The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. For claims for damages by the customer against the provider, the regulation in § 6 of these terms and conditions applies.
(2) The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items, 1 year for used items. The limitation period for entrepreneurs is 1 year for newly manufactured items and for used items. The above shortening of the limitation periods does not apply to claims for damages by the customer due to an injury to life, limb, or health, as well as claims for damages due to a violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the goods to the customer free of material and legal defects and to provide ownership of them. The above shortening of the limitation periods 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. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from entrepreneurs from the shortening of the limitation periods.
(3) The provider does not declare a guarantee.
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Excluded from the disclaimer set out in Section 1 are claims for damages due to injury to life, limb, health and claims for damages arising from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider has to hand over the goods to the customer free of material and legal defects and to provide ownership of them. Liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§7 assignment and pledge prohibition
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer demonstrates a legitimate interest in the assignment or pledging.
The customer only has a right of set-off if his claim for set-off has been legally established or is undisputed.
§9 choice of law & jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationship between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer is habitually resident are excluded from this choice of law. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§10 severability clause
Should one provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.