Terms of service
§ 1 Formation of the contract
The presentation of the goods in our online shop is not a legally effective offer, but the customer makes a binding purchase offer by placing an online order. We accept the purchase offer by means of an express order confirmation by e-mail or by delivering the ordered goods. An e-mail with which we only confirm receipt of the order is not yet a binding acceptance of the purchase offer.
§ 2 Prices
Our prices are based on the list price valid on the day of the conclusion of the contract plus the statutory value added tax and do not include packaging and transport costs ex works.
§ 3 Payment
1. Our claims are due upon delivery of the goods to the customer and payable without deduction in EURO by credit card, PayPal, invoice, direct debit, instant bank transfer.
2. The customer shall only have the right to offset if his counterclaim has been legally established or is undisputed. This offsetting prohibition does not apply to a counterclaim due to a defect that is based on the same contractual relationship as our claim. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 4 Delivery
We are entitled to make partial deliveries - insofar as this is reasonable for the customer - which we may invoice separately in each case.
§ 5 Retention of title, security interests
We retain title to the goods until payment has been made in full.
§ 6 Claims in the event of defects
If the customer is a consumer, he has the statutory claims in the event of a defect.
If the customer is not a consumer, the following shall apply in addition:
Subsequent performance shall be effected at our discretion by remedying the defect or by new delivery.
§ 7 Liability for damages and reimbursement of expenses
We shall be liable without limitation in the event of intent, gross negligence, the absence of a guaranteed quality, for personal injury and in accordance with the Product Liability Act.
In the event of a slightly negligent breach of material contractual obligations (in particular the obligation to deliver on time and free of defects), our liability shall be limited to the foreseeable damage typical for the contract.
Our liability for the slightly negligent breach of non-material contractual obligations is excluded.
The above provisions shall apply mutatis mutandis to our liability for reimbursement of futile expenses.
§ 8 Limitation of claims for defects and compensation
The statutory provisions shall apply.
§ 9 Final provisions
1. If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction for all disputes arising from and in connection with the contractual relationship, as well as in cases in which the customer does not have a domestic general place of jurisdiction, has moved his domicile or habitual residence abroad after conclusion of the contract or neither the domicile nor the habitual residence of the customer are known at the time the action is brought. However, we shall also be entitled to bring an action at the customer's place of business.
2. Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.
3. We are prepared to participate in dispute resolution proceedings before a consumer arbitration board.
The competent consumer arbitration board is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
GERMANY
www.verbraucher-schlichter.de