Terms and Conditions

General Terms and Conditions (GTC)

§ 1
Scope & Defense Clause


(1) The legal relationships established via this Internet shop between the operator of this shop (hereinafter referred to as “Provider”) and its customers are exclusively governed by the following

General Terms and Conditions in the version valid at the time of the order.


(2) Any deviating general terms and conditions of the customer will be rejected.


§ 2
conclusion of the contract


(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract.

The customer is hereby merely requested to submit an offer by placing an order.


(2) By submitting the order in the Internet shop, the customer makes a binding offer to conclude a purchase contract
about the goods contained in the shopping cart.
By submitting the order, the customer also acknowledges that these terms and conditions are the sole determining factor for the legal relationship with the provider.

(3) The provider confirms receipt of the customer’s order by sending a confirmation email.
This order confirmation does not yet constitute acceptance of the contract offer by the provider.
It merely serves to inform the customer that the order has been received by the provider.
The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.


§ 3
retention of title


The delivered goods remain the property of the provider until full payment

§ 4
maturity


Payment of the purchase price is due upon conclusion of the contract.


§ 5
warranty


(1) The customer’s warranty rights are governed by the general statutory provisions, unless otherwise specified below.

The provisions of Section 6 of these General Terms and Conditions apply to any claims for damages made by the customer against the provider.


(2) The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items.
For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year.
The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, body, health
as well as for claims for damages due to a breach of essential contractual obligations.
Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g. the provider has to deliver the item to the customer free of
material and legal defects and to obtain ownership of it.
The above shortening of the limitation periods also does not apply to claims for damages based on intentional or grossly negligent
breach of duty by the provider, its legal representatives or vicarious agents.
Also excluded from the shortening of the limitation period in relation to entrepreneurs is the right of recourse under Section 478 of the German Civil Code (BGB).

(3) The provider does not provide any guarantee.

§ 6
disclaimer

(1) The customer’s claims for damages are excluded unless otherwise stated below.

The above exclusion of liability also applies to the benefit of the legal representatives and vicarious agents of the provider, provided that the customer asserts claims against them.


(2) Excluded from the exclusion of liability set out in paragraph 1 are claims for damages arising from injury to life,
of the body, health and claims for damages arising from the breach of essential contractual obligations.
Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract, e.g. the provider has to deliver the item to the customer
free from material and legal defects and to transfer ownership of it.
Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by
provider, its legal representatives or vicarious agents.

(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7
prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is without

Consent of the provider is excluded unless the customer proves a legitimate interest in the assignment or pledging.



§ 8
On Bill

The customer only has a right of set-off if the claim submitted for set-off has been legally established or is undisputed.



§ 9
Choice of Law & Jurisdiction

(1) The contractual relationship between the provider and the customer is subject to the law of the Federal Republic of Germany.

Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his or her habitual residence.

The application of the UN Convention on Contracts for the International Sale of Goods is excluded.


(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider,
provided that the customer is a merchant, a legal entity under public law or a special fund under public law.


§ 10
severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.