General Terms and Conditions

GTC

§ 1 Scope of application & defense clause
(1) The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationships between the operator of the store (hereinafter “Provider”) and its customers established via this Internet store.
(2) Deviating general terms and conditions of the customer shall only become part of the contract if the provider expressly agrees to their validity.

§ 2 Conclusion of the contract
(1) The presentation of the goods in the Internet store does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.
(2) By sending the order in the Internet store, the customer submits a binding offer to conclude 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 authoritative for the legal relationship with the provider.
(3) The provider confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not constitute 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 purchase contract is only concluded when the supplier issues a declaration of acceptance, either by an express declaration or by delivery of the goods.

§ 3 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.

§ 4 Due date
Payment of the purchase price is due upon conclusion of the contract.

§ 5 Warranty
(1) The customer’s warranty rights shall be governed by the general statutory provisions, unless otherwise specified below. The provision in § 6 of these GTC applies to claims for damages by the customer against the provider.
(2) The warranty rights differ depending on whether the customer is a consumer or not. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(3) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods for consumers. For entrepreneurs, the limitation period for newly manufactured items and for used items is 2 years.
(4) A guarantee is not declared by the provider.

§ 6 Exclusion of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability 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 exclusion of liability set out in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.

§ 7 Choice of law & place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the contractual relationship between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer 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 legal entity under public law or a special fund under public law.

§ Section 8 Severability clause
(1) These General Terms and Conditions contain all rights and obligations of the contracting parties.
(2) The contractual language is German.
(3) Should one or more provisions of these General Terms and Conditions be or become invalid or contain a loophole, the contracting parties undertake to enter into negotiations with the aim of replacing or supplementing the invalid or incomplete provision with an appropriate individual agreement that corresponds as far as possible to the economic purpose of the intended provision. This shall not affect the validity of the remaining provisions.