Section 2 Conclusion of agreement
1. The goods offered on our website do not represent the conclusion of an agreement but rather only a request that customers place an order. Orders placed by the customer represent a binding offer regardless of the medium used, whether it be written, oral, by telephone or via data transfer. The agreement for the delivery of goods shall commence at the time the item is shipped to the customer.
2. We save the text of the agreement. The agreement shall be concluded in the offered language that you used to log in (German or English). The same shall also apply to further processing of the agreement.
Section 3 Delivery and costs
1. Delivery shall be conducted pursuant to the agreement with the customer.
2. The item(s) ordered shall be delivered only while supplies last. The ability to deliver all products remains reserved.
3. If the customer is an entrepreneur, he/she shall assume the risk as soon as the goods have left the delivery site, even if we bear the transportation costs.
4. In cases of force majeure or operational or external disruptions of any kind (strike, lack of raw materials, delivery problems, etc.), the seller shall have the right to postpone, change or withdraw his/her obligation to make deliveries for the duration of the disruption.
5. Costs for international deliveries shall be born by the customer. Delivery costs shall be displayed in the confirmation email.
Section 4 Prices
1. Prices for each customer shall be based on the prices defined in the individual agreement signed with that customer.
2. If prices have not been negotiated or the customer is unable to provide proof that prices have been negotiated, the prices provided in the current catalogs and brochures or in the online shop shall apply.
3. Prices for final consumers shall include the VAT applicable at the time the agreement was concluded.
4. Unless otherwise expressly indicated in the catalog, prices refer to the depicted item in accordance with the description.
Section 5 Terms of payment
1. We only deliver our goods against invoice, payment in advance. We reserve the right to exclude certain payment options depending on the order amount and the customer′s credit standing. We generally make initial deliveries to new customers only against prepayment.
2. Payment shall not be considered final until the money has been paid and irrevocably credited to our account.
3. The specified amount due must be paid in full within 14 days upon receipt of invoice, unless otherwise agreed. If the customer is late in making his/her payment, we shall have the right to charge interest on arrears in the amount of 5% above the base interest rate or the legal interest in arrears valid at the time the order was placed. If we are able to provide proof of additional damage due to late payment, we shall have the right to enforce this claim. The customer shall only have the right to offset against said claims if the customer′s counterclaim is legally asserted, undisputed or recognized by us in writing. In addition, the customer shall only have the right to exercise his/her right of retention to the extent the customer′s counterclaim is based on the same contractual relationship.
Section 6 Consumer′s right of withdrawal, exclusion of the right of withdrawal
1. As a consumer, the customer has the right of withdrawal. The prerequisites for this right and the legal effects thereof are as stated in the instructions on the right of withdrawal below.
Right of withdrawal:
You have the right to withdraw this agreement within fourteen days without providing a reason for doing so. The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last item of goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back or hand over the goods to us undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’
2. Pursuant to Sec. 312g para. 2 German Civil Code (BGB), there shall be no right of withdrawal if, among other things,
a) goods are delivered that have not been prefabricated and are to be used to produce an individual selection or for some other use determined by the consumer or have clearly been customized;
b) the goods delivered are sealed and cannot be returned for reasons of health safety or hygiene if the seal has been broken;
c) the goods delivered are sound or video recordings or computer software in sealed packaging and the seal was broken after delivery or
d) services have been provided in connection with recreational activities (e.g., concert or event tickets).
Section 7 Warranties
1. If the customer is a consumer, the legal warranty regulations shall apply.
2. If the customer is an entrepreneur, the following warranty regulations shall apply for agreements involving the delivery of goods:
a. Defects shall be reported immediately upon receipt of the ordered items. Notice of defect shall no longer be permitted if the seller is no longer able to inspect the item claimed to be defective or the customer has failed to submit an immediate written notice of defect.
b. In cases of warranty, we shall either repair or replace the defective item at our own discretion. If the repairs or replacement item are not effective, the customer may either decide to resign from the agreement or demand a price reduction.
b. Claims for defectsbecome time barred in one year following delivery of the ordered items. This also applies to claims for damages and reimbursement of expenses due to defects except in cases that can be attributed to violation of obligations involving willful intent or gross negligence, infringement of warranties or damage to life, limb or health.
Section 8 Liability
1. We are liable for compensation for damages only in the cases described under a) through d) as follows:
a. unlimited in cases involving damage to life, limb and/or health as well as damages caused by willful intent or gross negligence;
b. for damage and/or loss arising from failure to comply with any warranties issued in writing, within the scope of your property interest, which is covered by the purpose of the warranty and which was apparent to us upon your order;
c. in cases of product liability pursuant to the German Product Liability Act (Produkthaftungsgesetz);
d. liability for damages involving violation of essential contractual obligations due to slight negligence shall be limited to the scope of damage that we would typically expect upon concluding the agreement based on the factors and conditions of which we were aware at that time. Essential contractual obligations refer to basic obligations that were decisive in your decision to conclude the agreement, and compliance with which is to be expected;
2. Any other liability for damages on our part shall be excluded, regardless of the cause in law.
3. Claims for damages and reimbursement of expenses listed under para. 1 d) become time-barred within twelve months. The limitation period shall begin pursuant to Sec. 199 German Civil Code (BGB).
4. Where our liability is excluded in accordance with these terms and conditions, the same shall apply to the liability of our corporate bodies and vicarious agents, particularly to that of our employees.
Section 9 Transport damage
The following shall apply to entrepreneurs:
If the customer identifies damage to the packaging upon delivery, the customer must confirm the damage in writing upon accepting the goods from the transport company or immediately send us a written notification that the customer is accepting the goods with reservations due to the damaged packaging. We must be immediately notified in writing of any transport damage that is not identified until the goods have been unpacked. Notice of defect shall no longer be permitted if the seller is no longer able to inspect the item claimed to be defective or the customer has failed to submit an immediate written notice of defect by the specified deadline.
Section 10 Reservation of title
1. We reserve ownership of all delivered goods until payment has been received in full. The customer shall be under the obligation to immediately notify us of any change to his/her place of residence/business residence if payment for delivered items is still pending or if the goods have not yet been delivered. The customer shall not have the right to pawn the goods or assign them as security for debt.
2. The customer shall notify us immediately regarding any third-party access to products and accounts receivable still belonging to us.
3. The customer shall bear the costs of all measures that we judge reasonable in order to prevent such access; this shall particularly apply to costs for intervention processes.
4. Processing or alteration of the goods purchased by the buyer shall always be performed on our behalf. If the goods purchased are processed together with other items not belonging to us, we shall assume co-ownership of the new item in the proportion of the value of the goods purchased to the value of the processed items at the time they are processed.
Section 11 Data privacy
1. We collect, process and save all personal information provided by you exclusively in accordance with the provisions specified by the German Data Privacy Law.
Section 12 Final provisions
1. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. If individual provisions specified in these General Terms and Conditions are or become invalid, the validity of the remaining contractual provisions shall remain unaffected thereby.