§ 1: SCOPE & DEFENSE CLAUSE

The following General Terms and Conditions in the version applicable at the time of the order apply exclusively to the legal relationships established via this Internet shop between the operator of the shop (hereinafter referred to as “Provider”) and its customers.

Different terms and conditions of the customer will be rejected.

§ 2: CONCLUSION OF THE CONTRACT

The presentation of the goods in the online shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is hereby merely invited to submit an offer by placing an order.

By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the sole determining factor for the legal relationship with the provider.

The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent 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 declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.

§ 3: RESERVATION 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.

§ 5: WARRANTY

The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions in Section 6 of these General Terms and Conditions apply to the customer's claims for damages against the provider.

The limitation period for customer warranty claims is 2 years for newly manufactured items for consumers and 1 year for used items. For businesses, the limitation period is 1 year for newly manufactured items and for used items. The above shortening of the limitation periods does not apply to customer claims for damages due to injury to life, body or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. 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, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods for businesses is the right of recourse under Section 478 of the German Civil Code.

A guarantee is not explained by the offerer.

§ 6: DISCLAIMER

Claims for damages by the customer are excluded unless otherwise stated below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider, provided that the customer asserts claims against them.

Excluded from the exclusion of liability specified under point 1 are claims for damages due to injury to life, body or health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7: PROHIBITION OF ASSIGNMENT AND PLEDGE

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledging.

§ 8: SET-OFF

The customer only has a right of set-off if the claim submitted for set-off has been legally established or is undisputed.

§ 9: CHOICE OF LAW & JURISDICTION

The contractual relationships between the provider and the customer are subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his or her habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

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.

§ 10: SALVATION CLAUSE

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

Note on the dispute settlement procedure

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ . We are prepared to participate in an out-of-court arbitration procedure.