Terms and conditions
1. contractual bases
1.1 All contracts that the customer (consumer or entrepreneur) concludes with the seller are exclusively based on these GTC. The customer expressly accepts these with his order. 1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity. 1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2. Terms of delivery
If the Seller incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs shall be reimbursed by the Customer, unless he is not responsible for the incorrect information.
<3. terms of payment
3.1 In the event of late payment, the Customer shall be obliged to pay interest on arrears to the Seller at a rate of 5 percentage points above the base rate if the Customer is a consumer (§ 13 BGB). If the Customer is an entrepreneur (§ 14 BGB), the default interest rate shall be 9 percentage points above the base interest rate.
3.2 Irrespective of 3.1, the Seller shall be at liberty to prove higher damage caused by default as well as other damage.
The goods shall remain the property of the Seller until payment has been made in full. 5. Warranty
5.1 With regard to the warranty, the statutory provisions shall apply unless otherwise agreed in 5.2 - 5.3.
. 5.2 The limitation period for claims arising from liability for material defects is 24 months and begins with the handover of the purchased item to the customer. If the customer is an entrepreneur (§ 14 BGB), the limitation period shall be 12 months from the handover of the item.
5.3 For merchants, the legal provisions, inspection and complaint obligations according to the German Commercial Code (HGB) shall apply.
<6. right of revocation
6.1 The right of revocation applies exclusively to consumers.
6.2 The customer shall carefully pack the goods for return without prejudice to his right of withdrawal.
7. Limitation of Liability
7.1 With the exception of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the Seller shall only be liable for damage that is attributable to intentional or grossly negligent conduct.
This also applies to indirect consequential damage such as, in particular, loss of profit.
An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.
7.2 Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages such as, in particular, loss of profit.
7.3 The limitation of liability in paragraphs 1 and 2 shall also apply mutatis mutandis to the benefit of the Seller's employees and vicarious agents.
7.4 Claims for liability on the basis of the Product Liability Act shall remain unaffected.
8. Final Provisions
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
8.2 The place of performance shall be the Seller's registered office, provided the Customer is a merchant.
8.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves its place of residence abroad after conclusion of the contract or its place of residence is unknown at the time the action is brought, the place of jurisdiction shall be the Seller's registered office.
8.4 Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the rest of the contract.
9. Notice on online dispute resolution :
The EU Commission will provide an internet platform for the extrajudicial online settlement of disputes ("Os platform") for online contracts.
The ODR platform will be accessible from the first quarter of 2016 at the following link :
Our email address is : firstname.lastname@example.org .
- End of Terms and Conditions -