The seller’s products, which are offered via the online shop at the above URL, are sold exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time the contract was concluded.
These General Terms and Conditions apply exclusively. Terms and conditions of the customer that deviate from these GTC do not apply unless the provider and the customer have expressly agreed to this.
Definition, delimitation
The subject of the contract is the one-time delivery of goods .
Conclusion of contract
The offers on the provider’s website represent a non-binding invitation to the customer to buy products (Goods )</span > to order. By sending the order (click on the “buy now” button) on the provider’s website, the customer submits a binding offer to conclude a contract.
The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. The provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e- Mail), in which case the receipt of the order confirmation by the customer is decisive, or by the provider delivering the ordered goods, in which case the receipt of the goods by the customer is decisive, or by the provider asking the customer to pay after the order has been placed. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the provider does not declare acceptance within the aforementioned period, this is considered a rejection with the result that the customer is no longer bound to his declaration of intent.
When submitting an offer via the provider’s online order form, the text of the contract is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent.
Before submitting the binding order via the provider’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
German and English are available for the conclusion of the contract.
The prices listed on the provider’s website at the time of the order apply. All prices include the statutory value-added tax plus the shipping costs listed.
The payment methods listed on the provider’s website are available.
If the customer defaults on payment, the provider is entitled to demand and above the base interest rate of the European Central Bank. In the event that the provider asserts further damage caused by default, the customer has the opportunity to prove that the damage caused by default was not incurred at all or to a lesser extent.
Retention of title
Delivery
The delivery times can be found on the provider’s website. The provider will indicate any deviating delivery times on the respective product page. The beginning of the delivery time specified by the provider requires the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.
If goods are delivered by a forwarding agent, the delivery will be “free curb”, i.e. to the nearest public curb to the delivery address – unless otherwise agreed.
Warranty
The statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
Payment
The prices listed on the provider’s website at the time of the order apply. All prices include the statutory value-added tax plus the shipping costs listed.
The payment methods listed on the provider’s website are available.
If the customer defaults on payment, the provider is entitled to demand and above the base interest rate of the European Central Bank. In the event that the provider asserts further damage caused by default, the customer has the opportunity to prove that the damage caused by default was not incurred at all or to a lesser extent.
Retention of title
Delivery
The delivery times can be found on the provider’s website. The provider will indicate any deviating delivery times on the respective product page. The beginning of the delivery time specified by the provider requires the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.
If goods are delivered by a forwarding agent, the delivery will be “free curb”, i.e. to the nearest public curb to the delivery address – unless otherwise agreed.
Warranty
The statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
The limitations of liability and shortening of deadlines set out above do not apply
for claims for damages and reimbursement of expenses by the customer
in the event that the provider has fraudulently concealed the defect
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness
Liability
The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
The provider is fully liable for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability such as under the Product Liability Act.
If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
In all other respects, liability on the part of the provider is excluded.
The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
The customer exempts the provider from any claims by third parties – including the costs for legal defense in their statutory amount – which are asserted against the provider due to illegal or non-contractual actions by the customer.
Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute settlement procedure under the VSBG.
Final Provisions
Applicable is the law of the Federal Republic of Germany, excluding the UN Sales Convention.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the seat of the provider is responsible, unless an exclusive place of jurisdiction is justified for the dispute. This also applies if the customer is not resident within the European Union. The seat of the provider can be found in the heading of these terms and conditions.
Insofar as a provision of this contract is or becomes invalid, the remaining provisions of this contract remain unaffected.
Status:Â 27.06.2023
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