General Terms And Conditions pdf download



§ 1
Purview & Rejection Stipulation

(1) The legal relationship between the vendor and the customers is based solely on the version of the general terms and conditions current at the time of ordering.

(2) Other general terms and conditions presented by the costumers will be rejected.


§ 2
Contract Realization

(1) The presentation of goods in the online store does not represent a guaranteed sales contract on behalf of the vendor. It is merely to encourage the costumers to make an offer on said items by placing an order.

(2) By ordering in the online shop the costumer is committing to a sales contract encompassing all items in the shopping cart. Furthermore, by ordering the costumer also agrees to the general terms and conditions as the basis of the legal relationship between himself and the vendor.

(3) The vendor confirms the order by sending a confirmation email. However, by sending the confirmation email the vendor does not commit to the offer presented by the costumer. It is send only as a confirmation for the costumer that their order has been received. The vendor commits to the sales contract by either delivering the ordered items or through an explicit admission agreement.

(4) The delivery is made within 14 days.

(5) In case of prepayment – one week after receipt of payment



§ 3
Reservation of Ownership

(1) The delivered items stay property of the vendor until payment is made in full.



§ 4
Time of Payment

The payment is due either at the formation of the sales contract or the day of the delivery.



§ 5
Warranty

(1) The guarantee rights of the costumers are outlined by the legal regulations, unless stated otherwise. In case of compensation claims please refer to §6 of the general terms and conditions.

(2)The statue of limitations for warranty claims is 2 years for newly manufactured items and 1 year for used items. The statue of limitations for newly manufactured and used items is 1 year for entrepreneurs. The aforementioned shortening of the statue of limitations excludes compensation claims regarding life, body and health as well as damage claims in regards to fundamental contractual obligations. Fundamental contractual obligations are commitments, which are needed in order to fulfill the contract, for example the vendor has to provide the costumers with items free from material and legal deficiencies as well as delivery. The aforementioned shortening of the statute of limitation also excludes damage claims which are the result of deliberate or gross negligent breach of duty on behalf of the vendor, their legal representatives or agents. Entrepreneurs are also excluded from the shortening of the statutes of limitations in case of the right of recourse according to §478.

(3) A warranty is not given by the vendor.



§ 6
Disclaimer of Liability

(1) Damage claims of costumers will be rejected unless subsequently not stated otherwise. The following disclaimer of liability is also in favor of the legal representatives and agents of the vendor in case of the costumers making claims against them.

(2) From the disclaimer of liability according cipher 1 excluded are compensation claims regarding life, body and health as well as damage claims in regards to fundamental contractual obligations. Fundamental contractual obligations are commitments, which are needed in order to fulfill the contract, for example, the vendor has to provide the costumers with items free from material and legal deficiencies as well as delivery. The aforementioned disclaimer of liability also excludes damage claims which are the result of deliberate or gross negligent breach of duty on behalf of the vendor, their legal representatives or agents.

(3)Regulations of the Produkthaftungsgesetz (ProdHaftG) are not affected.



§ 7
Non-Assignment and Pledge Clause

Customers may not assign or pledge their claims against the vendor without the expressed consent of the vendor, as long as the costumer cannot produce a justified reason for assigning and pledging the claims.



§ 8
Choice of Law and Jurisdiction

(1)All contractual relations between the vendor and the customer fall within the laws of the Federal Republic of Germany. Excluded from this choice of law are mandatory consumer protection laws of the country the costumer resides in. The UN sale of goods law does not apply.

(2) Jurisdiction for legal disputes between customer and the vendor lays in the country in which the vendor resides in, as long as the costumer is a entrepreneur, legal person or a special fund under public law.

(3) The contract language is German.



§ 9
Set-Off

(1)A customer’s right to set-off only exits if their setoff claims are either proven to be lawful or undisputed.



§10
Exchange Rights

(1)Special offers and reduced sales price items are excluded from exchange.



§ 11
Severability Clause

If one clause of the general terms of condition should become invalid other clauses are not affected.
 

Source: http://www.kluge-recht.de/muster-agb.php

The original language of this site is german. Therefore the translations are not legally binding.