General Terms and Conditions

§ 1 Scope of applicability

The following General Terms and Conditions apply, in the version current at the time the contract is entered into, to all business relationships with customers ordering via internet.

§ 2 Conclusion of contract

 

The assortment presented by our online shop does not represent an offer within the meaning of Sec. 145 et seq. BGB [German Civil Code].

When the customer sends an order, the customer makes an offer within the meaning of Sec. 145 BGB. The customer receives confirmation of receipt of the order via email. We will provide separate notice to the customer of any erroneous information about the assortment on the website and will present an appropriate counter-offer to the customer.

Declaration of acceptance to the customer is not required; the customer waives the same within the meaning of Sec. 151, p. 1 BGB. The contract with us is concluded, when we accept this offer either in writing within 10 days, or by sending the ordered items, or the customer pays in advance. We accept the contract in case of agreement upon advance payment, when the customer pays in advance within 10 days after ordering.

§ 3 Delivery, shipping costs, transfer of risk

The ordered goods will be shipped to the address specified by the customer in the order. Delivery is made at the shipping costs stated in the specific instance. If the customer is a consumer, we will assume the risk of shipment in any event, irrespective of the type of shipment. If the customer is an entrepreneur, all risks and hazards of shipment shall pass to the customer, when the goods have been delivered to the custody of the final carrier.

§ 4 Shipping costs, when exercising right of withdrawal

The customer bears the costs of returning goods up to an order value of €40.00, when the goods delivered correspond to those ordered. The buyer also bears the costs, when the goods have a higher value, and the trade-off or a part-payment is not fulfilled at the time of withdrawal. In any other case the returning of goods is free of charges to the buyer.

§ 5 Retention of title

The supplied goods will remain our property until the purchase price is paid in full.

§ 6 Payment

Only the modes of payment shown to the customer in the course of the ordering process will be accepted.

§ 7 Warranty

a)
We warrant that the goods have the properties as may have been agreed and are free from defects at the time of delivery. This means that the goods are suitable for use as assumed under the agreement or suitable for standard use; they have a quality which is customary for items of the same kind and which the customer may reasonably expect of the kind of item and/or can expect based on statements made by us or the manufacturer. Properties of the goods in accordance with our statements, the marking or advertisements will only be deemed to be agreed properties to entrepreneurs if specifically indicated in the offer, acknowledged by us in writing or identified in the order acknowledgement.

b)
Sec. 377 HGB [German Commercial Code] shall apply if the purchase is a commercial transaction within the meaning of Sec. 343 HGB for both parties.

c)
aa) Sec. 478 BGB shall remain unaffected by the provisions below.

bb) The warranty period commences upon receipt of the goods by the customer.

cc) The warranty period for new items is two years.

dd) Regardless of the provisions below relating to reduced periods of warranty for used goods, the limitation period for claims for damages under warranty shall be two years for any injury to life and limb or health arising out of any negligent breach of duty on our part or any intentional or negligent breach of duty by our legal representatives or servants.
Furthermore, regardless of the provisions below relating to reduced periods of warranty for used goods, the limitation period for claims for damages under warranty shall be two years for any other loss arising out of any grossly negligent breach of duty on our part or any intentional or grossly negligent breach of duty by our legal representatives or servants.
For the rest, the warranty period for used goods shall be one year if the customer is a consumer. The warranty for used goods is excluded if the customer is an entrepreneur.

d)
The customers has the choice whether subsequent fulfilment will be met through repair or the delivery of a replacement. If the statutory conditions are met, the customer will be entitled to a reduction of the purchase price or to withdraw from the contract and claim damages and compensation of wasted expenses.
The subsequent fulfilment may be refused if it is only possible by incurring unreasonably high costs. Withdrawal from the contract shall be excluded if the defect is immaterial.

§ 8 Consumer information for distance contracts relating to the purchase of goods

 

a) We are not subject to any special codes of conduct not referred to above.
b) When giving your final confirmation before checking out, you can identify any typing errors in your purchase order and correct those using the delete or change function at any time prior to submitting your purchase order.
c) For essential characteristics of the goods offered by us and the validity period of offers limited in time, please refer to the individual product descriptions which are part of our internet offer.
d) The languages available for concluding the contract are exclusively German and English.
e) Complaints and claims under warranty may be brought forward at the address stated in the provider identification.
f) You can save the text of the agreement to your computer using the appropriate menu option of your browser, or you can print it out using your browser’s print option. The text of the agreement for purchase orders placed in our internet shop is not available to the customer. Furthermore, the agreement text is stored by us.
g) For information about payment, delivery or performance, please refer to the offer.
h) You will be given information about options to identify and correct any typing errors, as you follow the steps of the ordering process in the internet shop.

§ 9 Miscellaneous

a) The agreement between us and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, any statutory regulations and rights of the customer for the benefit of the customer which may exist and be applicable in accordance with the laws of the customer’s country of residence will remain unaffected by this agreement. The application of the United Nations Convention on the International Sale of Goods is excluded.

b) The court of our registered place of business shall have exclusive jurisdiction if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. We shall have the right to take legal action at the place of the customer’s registered office as well.

§ 10 Severability clause

If any individual provision of this agreement is held invalid now or in the future, this shall not affect the validity of the remaining provisions of this agreement.
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