GENERAL TERMS AND CONDITIONS
(Status: January 2020)
80339 München Germany
E-Mail: [email protected]
(hereinafter referred to as Seller)
1.1 Seller’s services offered in the online store under the above-specified URL shall be provided exclusively on the basis of the following General Terms and Conditions in the version in effect at the time the purchase order is placed.
1.2 Our General Terms and Conditions shall exclusively apply. GTCs of the Buyer that deviate from our General Terms and Conditions shall not be effective unless we have expressly consented to their applicability.
2. Execution of the Contract
2.1 The offers we post online are non-binding options prompting Buyers to order merchandise or services. By submitting a purchase order (as a result of clicking the “Purchase Now” button) on our website, the Buyer makes a binding offer to enter into a contract.
2.2 The confirmation that the purchase order has been received shall be made promptly after the purchase order has been submitted, which shall principally not constitute an acceptance of the contract. We shall have the right to declare the acceptance of the purchase order within five days in the form of a written order confirmation or an order confirmation sent in text format (fax or email). This means that the receipt of the order confirmation at your end shall be the determining order acceptance date. We may also deliver the ordered merchandise to you. In this case the time you receive the goods shall be the determining factor. Another alternative for acceptance shall be our request to pay after we receive the purchase order (e.g. request for a PayPal payment). In the event that several of the aforementioned alternatives have materialized, the contract shall be made at the time the first of the aforementioned alternatives materializes. If we should fail to declare the acceptance of the order by the aforementioned deadline, this shall constitute a rejection of the order with the consequence that you are no longer bound by your declaration of intent.
2.3 Whenever an offer is made via the Seller’s online order form, the wording of the contract shall be saved by the Seller and sent to the Buyer upon submission of the Buyer’s purchase order along with these General Terms and Conditions in text format (e.g. email, fax or letter). In addition, the wording of the contract shall be archived on the Seller’s website. The Customer may access it free of charge using his or her password protected customer account by entering the respective login data, provided the Customer has set up a customer account for the online store of the Seller prior to submitting Customer’s purchase order.
2.4 Prior to the binding submission of the order via the online order form of the Seller, the Customer shall have the option to correct any entries made at any time using the keyboard and mouse functions. Furthermore, all entries shall be displayed once again in a confirmation window prior to the binding submission of the order and the Customer shall still have the option to make corrections using the standard keyboard and mouse functions.
2.5 German and English shall be the only languages available for the execution of the contract.
3. Right to Revoke
Consumers are principally entitled to a right to revoke. For more information about the right to revoke, please consult our Revocation Advice. Consumers who are not members of a member state of the European Union and maintain their sole residence and delivery address at the time the contract is made outside of the European Union, shall not be subject to the revoke privileges
4. Payment, Default
4.1 The prices listed on our website at the time the order is placed shall apply. All prices include applicable value added tax. The shipping costs listed shall additionally apply.
4.2 Payment of the purchase price may be made using the , PayPal option. If cash in advance is the agreed upon mode of payment, payment must be made immediately after the contract has been execution. If payment mode SEPA debit note has been chosen, the invoice amount shall be due upon generation of a SEPA debit note authorization, but not prior to the expiration of the advance payment information deadline. The debit shall be charged as soon as the ordered merchandise leaves the warehouse of the Seller, but not prior to the expiration of the advance payment information deadline. An advance payment information ("pre-notification") shall be any notice (e.g. invoice, policy, contract) from the Seller to the Buyer that announces that a debit will be charged using the SEPA debit system. In the event that the debit note is not paid because of lack of funds or because incorrect banking information has been provided, or if the Buyer should object to the charge, although the Buyer does not have the right to do so, the Buyer shall absorb the respective fees incurred as a result of the return of the charge by the respective financial institution, if the Buyer is responsible for the situation. If payment option "PayPal" has been chosen, the payment shall be processed via payment services provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal User Policies, which may be reviewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.3 In the event that the Buyer should be in default of payment, we shall have the right to charge late payment interest in the amount of five percent above the prime rate of the European Central Bank. If we should claim further damages caused by the delay, the Buyer shall have to option to submit evidence that no damages were caused by the delay at all or that the damages were not as high.
5. Title Retention
5.1 Vis-à-vis consumers, the Seller reserves title to the delivered merchandise until the owed purchase price has been paid in full.
5.2 Vis-à-vis entrepreneurs, the Seller reserves title to the delivered merchandise until all accounts payable due from the business relationship with the Buyer have been paid in full.
5.3 If the Buyer should act as an entrepreneur, the Buyer shall be authorized to resell the title retention goods as part of Buyer’s regular course of business. All accounts receivable generated from these sales due from third parties shall be assigned up to the amount of the respective invoice value balance (including value added tax) to the Seller ahead of time. This assignment shall be effective regardless of whether the title retention goods are resold without any processing or after they have been processed. The Buyer shall retain the right to collect these accounts receivable even after the assignment. This shall be without prejudice to Seller’s right to directly collect these accounts receivable. However, the Seller shall not collect these accounts receivable as long as the Buyer meets Buyer’s payment obligations to the Seller, is not rendered insolvent and does not file an application for the initiation of bankruptcy proceedings.
6.1 The delivery to the Buyer shall be made within 21 business days after the execution of the contract. We shall give notice about any deviating delivery times on the respective product page. The start of the delivery time stipulated by us shall be contingent upon the timely and proper fulfillment of the Buyer’s obligations, in particular the provision of the correct delivery address within the purchase order. 6.2 In the event that the Seller, in the absence of any liability of the Seller, should be unable to deliver the ordered merchandise because a supplier of the Seller fails to meet contractual obligations, the Buyer shall be promptly notified of these circumstances and that the ordered goods are not available. In this case, the Seller and the Buyer shall have the right to rescind from the contract. Any payments already made by one contracting party shall be promptly refunded. This shall be without prejudice to the Customer’s statutory entitlements.
6.3 Vis-à-vis entrepreneurs, the risk of decline or loss of the merchandise shall transfer to the Buyer upon handover of the goods to the transportation company. If the handover should be delayed for reasons the Buyer is responsible for, the risk shall transfer to the Buyer on the date Buyer is advised that the goods are ready to be shipped.
7. Default of Acceptance
7.1 If the Buyer should be in default of acceptance or if Buyer should culpably breach any participation obligations, we shall have the right to demand reimbursement for any damages, including any additional costs, incurred as a result of this delay. This shall be without prejudice to any further entitlements due to us. This shall not apply if the Buyer has effectively exercised Buyer’s right to revoke or if Buyer is not responsible for the circumstance that rendered delivery impossible or if the Buyer was temporarily prevented from the acceptance of the offered services, unless the Seller has announced the service a reasonable time ahead of the delivery.
7.2 During times of default, the purchase price shall earn interest. The default interest rate shall be five percentage points above the prime rate p.a. In the event of legal transactions between entrepreneurs, the interest rate shall be nine percentage points above the prime rate.
7.3 On the other hand, the Buyer shall have the option to submit evidence that documents that damages in the demanded amount were not incurred or that they were, at a minimum, not nearly as high. The risk of accidental loss or accidental decline of the purchased item shall transfer to the Buyer at the time the Buyer is rendered in default or acceptance or payment of debts.
If the purchased item should be deficient, the provisions of statutory liability for deficiencies shall apply.
9.1 The Seller shall assume liability vis-à-vis the Buyer for all contractual, contract-like and statutory, but also litigation-based entitlements to damage and cost compensation as follows:
9.1.1 Regardless of the legal grounds, the Seller shall assume unrestricted liability in cases of acts of intent or gross neglect, in the event of intentional or negligent injury to life, physical injury or health damages, based on a warranty promise, unless agreed upon otherwise between the Parties or because of mandatory liability, for instance pursuant to the Product Liability Act.
9.1.2 In the event that the Seller should negligently breach a cardinal contractual obligation, Seller’s liability shall be limited to the contract typical, foreseeable damages, unless unlimited liability must be assumed pursuant to the previous section. Cardinal contractual obligations are obligations that the contract imposes upon the Seller according to its content to attain the purpose of the contract and the fulfillment of which the proper performance of the contract is contingent and upon compliance with which the Buyer can usually rely.
9.1.3 Any other liability assumption by the Seller shall be excluded.
9.1.4 The above liability provisions shall also apply with regard to the Seller’s liability for Seller’s agents and statutory representatives.
9.2 The Buyer shall indemnify the Seller against any third party claims, including those for the costs of mounting a legal defense in their statutory amount, which are raised against the Seller on the grounds of illegal or contract breaching acts of the Buyer.
10. Data Protection
We shall treat your personal data as confidential and in compliance with the respective statutory data protection regulations. Your data shall not be shared with others in the absence of your express consent or only in conjunction with the necessary processing of the contract, for instance with companies entrusted with the delivery of the goods. For more specifics, please consult our Data Protection Policy.
11. Final Provisions
11.1 The business relationship shall be governed by the laws of the Federal Republic of Germany subject to the exclusion of the UN Compact on the International Sale of Goods (CSIG), provided that the choice of governing law does not result in any consumer being denied coverage by mandatory consumer protection standards.
11.2 If the Buyer should be a professional merchant, legal entity under public law or a public law based special entity, the court at our domicile shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the type of litigation. This shall also apply if the Buyer does not have a residence within the European Union. The domicile of our company may be deduced from the heading of these GTCs.
11.3 In the event that one of the provisions of this contract should be or become ineffective or unenforceable, this shall not affect the remaining provisions of this contract. Information on the Online Settlement of Disputes / Consumer Arbitration The EU Commission provides a platform for the online settlement of disputes under the following link: https://ec.europa.eu/consumers/odr
The purpose of this platform is to provide a point of contact for the out-of-court settlement of disputes arising from online purchases or service agreements involving a consumer. The Seller is neither willing nor under any obligation to participate in any consumer arbitration proceedings pursuant to the VSBG. For our email address please see the heading of these GTCs.
GENERAL TERMS AND CONDITIONS