Terms and Conditions
Status: 04.12.2021
1. GENERAL
1.1 These General Terms and Conditions ("GTC") apply to all contracts and deliveries for the sale of goods in the Seller's online store. Deviating GTC of the Customer shall not apply unless the Seller has expressly confirmed them in writing.
1.2 Agreements made with the Customer in individual cases shall take precedence over these General Terms and Conditions.
2 Conclusion of contract
2.1 The goods presented in the online store do not constitute a legally binding offer by the seller. Only the order of the customer is a legally binding offer, which the seller can accept.
2.2 The ordering process begins with the selection of items that the customer can place in the shopping cart. The Customer can view an overview of all items in the shopping cart and delete individual items from the shopping cart at any time by clicking on the "Shopping Cart" icon. After selecting the "Checkout" button, the customer enters his contact information and a delivery address. In the next step, the customer selects a shipping option. Subsequently, the customer selects one of the offered payment methods.
2.3 In the last step, the customer receives an overview of all data of his order and the prices and costs. The customer places a legally binding order by clicking on the "Buy Now" button. After payment has been made, the customer receives an electronic confirmation of receipt of his order. This confirmation of receipt does not constitute a declaration of acceptance by the seller. Only with the order confirmation of the seller a contract is concluded. The order confirmation can, however, be combined with the confirmation of receipt in a message.
3. RIGHT OF WITHDRAWAL
Consumers have a statutory right of withdrawal. For more information, see the cancellation policy of the seller.
4. reservation of availability
4.1 The seller is entitled to withdraw from a purchase contract if he has ordered the goods properly from a supplier, but has not been supplied correctly or in time (congruent hedging transaction) and is not responsible for the non-delivery. The Seller is obliged to inform the Customer immediately about the non-availability and to reimburse any consideration already received without delay.
4.2 The Seller does not assume any procurement risk and is only obliged to deliver from its stock of goods or the goods ordered from its suppliers.
5. prices and payment
5.1 The displayed item prices are gross prices and include the statutory sales tax. Shipping costs are shown separately. If the customer makes use of his right of withdrawal after receipt of the goods, he is obliged to pay the shipping costs for the return.
5.2 The buyer is obliged to pay the purchase price in advance including the shipping costs. The goods will be shipped only after receipt of payment.
6. delivery
6.1 The ordered goods will be shipped to the delivery address specified by the customer. If the goods are returned to the seller for reasons for which the customer is responsible, the customer shall bear the additional costs of reshipment.
6.2 Partial deliveries can be made with the consent of the customer. Additional costs arising from partial deliveries will not be charged to the customer.
6.3 The delivery period of the individual goods is indicated in the item descriptions. The delivery period is ten (10) working days from receipt of payment, unless otherwise stated in the item description.
6.4 If the failure to meet a delivery deadline is due to force majeure, labor disputes, epidemics, unforeseeable obstacles or other circumstances beyond the Seller's control, the deadline shall be extended by a reasonable period of time.
6.5 If a payment by the Customer cannot be allocated due to missing or incorrect information, the delivery period shall not commence until the Customer has provided the required information.
7. RETENTION OF TITLE, RIGHT OF RETENTION
7.1 The delivered goods shall remain the property of the Seller until all claims arising from the contract have been fulfilled.
7.2 The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
8. MATERIAL DEFECT
8.1 The goods shall be free from material defects if they have the agreed quality at the time of transfer of risk. If the quality has not been agreed, the goods shall be free from material defects if they are suitable for the use provided for in the contract, otherwise if they are suitable for normal use and have a quality which is usual for goods of the same type and which the customer can expect according to the type of the goods.
8.2 The customer must prove that a material defect already existed at the time of the transfer of risk and that it did not result from wear and tear or improper handling after the transfer of risk.
8.3 If the customer is a consumer and a material defect becomes apparent within six months of the transfer of risk, it shall be presumed that the item was already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the item or the defect.
9. SUBSEQUENT PERFORMANCE
9.1 If the goods are defective, the customer may, at its option, demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs.
9.2 The Seller may refuse the type of subsequent performance chosen by the Customer if it is only possible at disproportionate cost. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be resorted to without significant disadvantages for the customer shall be taken into account. In this case, the customer's claim shall be limited to the other type of supplementary performance; the seller's right to refuse this type of supplementary performance under the conditions of sentence 1 shall remain unaffected.
9.3 The Customer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the customer shall return the defective item.
10. WITHDRAWAL & REDUCTION
10.1 If the goods are defective, the customer may - if he has unsuccessfully set the seller a reasonable deadline for subsequent performance - withdraw from the contract.
10.2 No deadline need be set if the Seller has refused both types of subsequent performance or if the type of subsequent performance to which the Customer is entitled has failed or is unreasonable for the Customer. A remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.
10.3 Instead of withdrawing from the contract, the customer may reduce the purchase price by declaring this to the seller. In the event of a reduction, the purchase price shall be reduced in the ratio in which the value of the item in a defect-free condition would have been to its actual value at the time of conclusion of the contract. The reduction is to be determined - if necessary - by estimation. If the customer has paid more than the reduced purchase price, the additional amount shall be reimbursed by the seller.
11. COMPENSATION FOR DAMAGES AND EXPENSES
11.1 If the Seller does not deliver the goods or if the goods are defective and the Seller is responsible for this, the Customer may claim damages instead of performance if he has unsuccessfully set the Seller a reasonable deadline for performance or subsequent performance. If the Seller has rendered partial performance, the Customer may only claim damages in lieu of the entire performance if the Customer has no interest in the partial performance. If the Seller has not performed the service as owed, the Customer may not claim damages in lieu of the entire service if the breach of duty is insignificant.
11.2 The claim for delivery of the goods shall be excluded as soon as the customer has demanded damages instead of the goods. If the customer claims damages instead of the entire performance, the seller shall be entitled to reclaim what has been paid.
11.3 If a defective good causes damage to other legal assets of the Customer, the Seller shall only be obliged to compensate for the damage if the Customer was aware of the defect or could have been aware of it.
11.4 If the Customer's fault has contributed to the occurrence of a damage, the Seller's obligation to pay damages and the extent of the damages to be paid shall depend on the circumstances, in particular on the extent to which the damage was mainly caused by the Seller or the Customer. This shall also apply if the Customer's fault is limited to the fact that it failed to draw the Seller's attention to the risk of unusually high damage of which the Seller was neither aware nor should have been aware, or that it failed to avert or mitigate the damage.
11.5 Instead of damages in lieu of performance, the Customer may claim compensation for expenses incurred and reasonably expected to be incurred in reliance on the receipt of the goods, unless their purpose would not have been achieved even without the Seller's breach of duty.
12. FINAL PROVISIONS
12.1 The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Contractual language is German.
12.2 The EU Commission provides a platform for the online settlement of disputes at https://ec.europa.eu/consumers/odr. The Seller shall be liable for any damages arising from the use of this platform.
12.3 The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.