(1) All offers, purchasing contracts, and deliveries based on our customers' orders via our web-shop are subject to these general terms of service exclusively. (2) The products offered in our webshop are directed equally at consumers and entrepreneurs, but nevertheless only at end consumers. For the purposes of these general terms of service, 'consumer' refers to any natural person who enter a business transaction for purposes that may not be attributed mainly to either their commercial or independent professional activities (section 13 of German Civil Code/BGB) and 'entrepreneur' refer to a natural or legal person or a legally capable company of persons who enter a business transaction while acting within the scope of their commercial or independent professional activities (section 14 paragraph 1 BGB). (3) The terms of service of the customer shall not apply, even we do not decline their validity indi-vidually for each case. (4) German and English shall be available upon conclusion of the contract.
§ 2 - Contract conclusion and other important information
(1) Our webshop offers are non-binding. (2) Products may be remember by the customer by clicking the 'add to shopping cart' button. The contents of the shopping cart may be viewed at any time by clicking the 'shopping cart' button, and products may be removed as desired from the shopping cart by clicking the 'delete' but-ton. If the customer wishes to purchase the products listed in the shopping cart, he may con-tinue by clicking the button 'continue with order'. (3) Ordering is only possible if the customer has previously created a customer account. To create this account, the customer will be requested to enter his data. Obligatory information is marked by a '*'. Customers who possess a customer account may order after entering their user name and password without having to enter their address data again. The order screen al-lows the customer to check his input again. The order process may be cancelled at any time by closing the browser window. The customer receives additional information via the individual screens, e.g. correction options. By clicking the button 'submit binding order', the customer submits a binding request to purchase the products listed in the shopping cart. The order may only be submitted and transmitted if the customer clicks the corresponding check box to con-firm that he consents to the data protection policy and these general terms of service. This confirms his acceptance of these contractual conditions and receives the order. The customer is obligated to his purchase until expiry of the second work day following the day of the order. (4) After the order, the customer will receive an e-mail from us that is not to be considered an acceptance of the customer's order, but rather indicates the cancellation instructions and the contents of the contract in addition to the general terms of service. The customer may save this e-mail and/or print it out. The contract is concluded only upon receipt of the goods by the customer or our explicitly declaration of acceptance via e-mail. (5) A copy of the previously mentioned e-mail including the cancellation instructions, contract contents, and general terms of service will be saved by us for a duration of 2 years following conclusion of the contract and shall be provided to the customer upon request. (6) Complaints may be submitted to us directly via the contact options featured in the legal notice.
§ 3 - Price and payment
(1) Our prices include legally applicable value-added tax, however they do not include shipping costs, which are indicated separately. (2) Provided nothing else has been agreed to explicitly, we shall only deliver upon advanced pay-ment, payment via PayPal, credit card, or direct debit (as indicated during the ordering pro-cess).
§ 4 - Delivery time
(1) The goods shall be sent to the customer within five work days following the order according to the payment type. The delivery time shall begin (a) upon the day complete payment for the purchase is received in case advanced payment is selected (including sales tax and shipping costs) or in case of (b) PayPal, (c) direct debit, (d) credit cad, following authorisation of the complete payment mount. (2) If advanced payment is selected for the delivery, then we shall keep the goods in storage for a period of five work days following our acceptance of the offer. If payment is not received by us within this period, then we reserve the right to sell the goods at any time. In this case, delivery shall only take place within the delivery period indicted in paragraph 1 for as long as stocks are available. Otherwise, the delivery period shall be agreed to as three weeks from receipt of payment. (3) In case our supplier does not deliver the goods that have been sold as per paragraph 2 in time to us, then the period indicted otherwise according to paragraph 2 shall extend an additional two work days until delivery by our supplier, however no longer than a maximum period of three weeks. The requirement for this additional extension period is that the goods are re-ordered immediately and that we are not responsible for the delivery delay of our supplier. (4) If the goods are not delivered for one of the reasons indicated in paragraph 3 or is not deliv-ered on time, then the customer shall be notified about this immediately. If the goods shall not be available from our supplier for a foreseeable time, then we shall be entitled to cancel the purchase agreement. In case of cancellation, the customer shall be repaid the amount paid to us immediately. The legal rights of the customer resulting from delayed delivery shall not af-fect the previously indicated provisions.
§ 5 - Delivery, transfer of risk
(1) Unless explicitly agreed otherwise, we shall specify the appropriate delivery type and the transport company at our own discretion. (2) If the customer is a consumer, then the risk of accidental destruction, accidental damage, or accidental loss of the goods delivered shall be transferred to the customer at the point in time at which the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, risk shall transfer to the customer upon delivery of the goods to the transport company.
§ 6 - Cancellation by the consumer and consequences of cancellation
(1) The legal right to cancel for consumers may only be exercised via explicit declaration on behalf of the consumer. Returning the goods or declining acceptance are not sufficient. The customer may view details regarding cancellation in the cancellation instructions following the order process. (2) The goods must be returned or transferred to us without any unnecessary delays and within 14 days at the latest from the day upon which the customer informed us of his decision to can-cel the contract. (3) We have the right to decline to repay the purchase price and costs for as long as until we have received the goods or the customer has not prove return delivery of the goods. This shall not apply in case we have offered to pick up the goods. (4) The customer shall be obligated to bear the cost of return delivery in case of cancellation. The customer shall also bear additional costs of the delivery in case he chooses another type of de-livery than the most cost-effective standard delivery offered by the entrepreneur. (5) If the customer is unable to provide the complete or partial goods or only in a poorer condition than received, then he shall be obligated to compensate any possible loss of value, provided this loss of value may be traced to unnecessary handling upon examination of the properties, characteristics, and functionality of the goods.
§ 7 - Reservation of title
We reserve title to the goods delivered by us until complete payment of the purchase price (including sales tax and delivery costs) involving the goods in question.
§ 8 - Warranty and guarantees
(1) The legal warranty rights of the consumer shall apply, which we shall describe here in brief. If the delivered goods are materially defective or title is defective, then the customer may initial-ly demand correction of the defects or delivery of goods free of defects. (2) If the customer is an entrepreneur, we may choose either to correct the defects or deliver materials free of defects. We may reject the type of subsequent fulfilment selected by the buyer if this is only possible within the scope of excessive costs. (3) If subsequent fulfilment is not completed or if this fails, the customer may cancel the contract as per the legal provisions, demand a reduction of the purchase price, compensation for costs, or compensation for damages. (4) We shall guarantee a period of 12 months warranty on material defects. This shall not apply to damage compensation claims
resulting from a guarantee or transfer of any procurement risk to us;
resulting from delay of service, provided a fixed delivery deadline is contractually agreed to;
resulting from liability for injury to life, limb, or health;
resulting from intentional or grossly negligent material and property damages;
resulting from material and property damages caused by negligence, provided a violation of significant contractual obligations (significant contractual obligations include those that influence fulfilment of the contract and that the customer may rely on);
for which liability results from legally enforcing and obligatory liability standards like for example those resulting from the Product Liability Act;
The regulations affecting extension of the limitation period in case of supplier regress as per section 479 paragraph 2 BGB shall remain unaffected by this provision. (5) Only the following shall apply vis-a-vis entrepreneurs: The customer must inspect the goods immediately after delivery. The goods delivered shall be considered to be accepted by the cus-tomer in case obviously apparent defects are not indicated to us immediately following deliv-ery or otherwise immediately after discovery of the defects. (6) Guarantees within the context of liability dependent upon culpability or the transfer of pro-curement risks shall not be permitted.
§ 9 - Applicable law and place of jurisdiction
(1) The purchase agreement signed between us and the customer shall be subject to the laws of the Federal Republic of Germany and necessary applicable private international laws and ex-cluding the UN convention on contracts for the international sale of goods. (2) If the customer is a businessman in the context of section 1 paragraph 1 of the German Com-mercial Code (HGB), a legal person subject to public law, or a publicly legal separate estate, the court of the City of Darmstadt, Germany shall be exclusively responsible for all disputes result-ing from or connected with this contractual agreement. We shall nevertheless be entitled to submit a claim to any other responsible court of law. IKRA 2014