1. THE CONTRACT COMES INTO EXISTENCE
The presentation of the goods in our online shop is not a legally effective offer, but the customer makes a binding purchase offer through his online order. We accept the purchase offer by express order confirmation by e-mail or by delivery of the ordered goods. An e-mail with which we only confirm receipt of the order is not yet a binding acceptance of the purchase offer.
2. PAYMENT
- Our claims are due upon delivery of the goods to the customer and are payable without deduction in EURO by credit card, PayPal.
- The customer shall only be entitled to offset if his counterclaim has been legally established or is undisputed. This prohibition of set-off does not apply to a counterclaim due to a defect which is based on the same contractual relationship as our claim. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
3. DELIVERY
We are entitled to make partial deliveries – insofar as this is reasonable for the customer – which we can invoice separately in each case.
4. CLAIMS IN THE EVENT OF DEFECTS
If the customer is a consumer, he has the legal claims in the case of a defect.
If the customer is not a consumer, this shall apply additionally:
Subsequent performance shall be effected at our discretion by elimination of the defect or new delivery.
5. LIABILITY FOR DAMAGES AND REIMBURSEMENT OF EXPENSES
We shall be liable without limitation for intent, gross negligence, the absence of a guaranteed quality, personal injury and in accordance with the Product Liability Act.
In the event of a slightly negligent breach of material contractual obligations (in particular the obligation to deliver on time and free of defects), our liability shall be limited to the foreseeable damage typical of the contract.
Our liability for the slightly negligent breach of nonessential contractual obligations is excluded.
The above provisions shall apply accordingly to our liability for the reimbursement of futile expenses.
6. STATUTE OF LIMITATIONS FOR CLAIMS FOR DEFECTS AND DAMAGES
If the customer is a consumer, the statutory provisions shall apply.
If the customer is not a consumer:
The limitation period for claims of the customer due to a defect is one year. This does not apply if longer periods are mandatory. This shall also not apply to claims for damages and reimbursement of expenses which are directed towards compensation for bodily injury or damage to health or are based on intent or gross negligence.
7. FINAL PROVISIONS
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be our registered office, as well as in cases in which the customer has no domestic general place of jurisdiction, has moved his domicile or usual place of residence abroad after conclusion of the contract or neither the domicile nor the usual place of residence of the customer are known at the time the action is filed. However, we shall also be entitled to sue at the customer’s place of business.
- Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.
- We are prepared to participate in dispute settlement proceedings before a consumer arbitration board.
The responsible consumer arbitration board is:
General Consumer Mediation Board of the Centre for Mediation e.V.
Straßburger Straße 8
77694 Kehl am Rhein
www.verbraucher-schlichter.de