These terms and conditions of the seller apply to all contracts that a customer concludes with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed in writing and the seller has also agreed to this in writing or is mandatory by law.
conclusion of contract
- The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
- The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by post, e-mail or fax.
- Legally, this is an offer to conclude a purchase contract. However, a contract and thus a contractual obligation for the individual services comes about if the seller has confirmed the customer's order in text form (order confirmation or payment request by e-mail).
Prices and terms of payment
- The prices given by the seller are final prices and include the statutory sales tax plus shipping costs.
- Various payment options are available to the customer, which are specified in the seller's online shop.
- The goods are only considered paid when the seller can freely dispose of the amount.
- If payment in advance or PayPal is agreed, payment is due immediately after conclusion of the contract.
- If the customer is in default, the seller is entitled to demand default interest at the statutory rate. The proof of a higher damage by the seller is permissible. The customer is free to prove that the seller has suffered no damage or a significantly lower damage.
Delivery and shipping conditions
- Goods are regularly delivered to the shipping route and to the delivery address specified by the customer.
- If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
- In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer or an authorized recipient when the goods are handed over. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of mail-order sales passes to a suitable transport person upon delivery of the goods at the seller's place of business.
- The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
- In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
Notification of defects, warranty and liability
- The legal regulations apply.
- As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform the provider and the carrier of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
- In the event of a defect in the goods, the customer will be offered a repair or subsequent delivery. If the subsequently delivered goods are also defective or if the repair fails, the customer can return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price.
- If the customer is an entrepreneur, the following applies, deviating from paragraph 5.1:
- Only the supplier's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
- The customer is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify the provider in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, the provider shall provide a warranty, at its discretion, by rectification or replacement delivery. If the elimination of the defect fails twice, the customer can either demand a price reduction or withdraw from the contract. In the case of rectification, the provider does not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.