General Terms and Conditions
All deliveries and services to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB are made exclusively on the basis of these terms and conditions.
1. Conclusion of a contract
a) The offers in this online store are not binding for us as the seller. They represent an invitation to you to submit a binding offer in the form of an order. After sending your order, you will receive a confirmation of receipt of your order by e-mail from us including our legal obligations. This confirmation does not constitute an order confirmation. A purchase contract is only concluded if we confirm your order within a period of 3 working days from receipt of your order by sending the goods to you or by sending an express order confirmation.
b) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
c) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Payment methods
You can pay the purchase price as follows:
a) Prepayment by bank transfer
b) cash payment at collection
c) by Paypal
d) cash on delivery
3. retention of title
We retain title to the delivered item until full payment of all claims arising from the delivery contract. We are entitled to take back the purchased item if the buyer behaves contrary to the contract.
The purchaser is obliged to treat the object of sale with care as long as ownership has not yet passed to him. If maintenance and inspection work has to be carried out, the purchaser must carry this out in good time at his own expense. As long as the ownership has not yet passed to him, the buyer has to inform us immediately in writing if the delivered object is seized or exposed to other interventions of third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the Buyer shall be liable for the loss.
The purchaser shall be entitled to resell the reserved goods in the normal course of business. The Buyer hereby assigns to us the claims arising from the resale as security for the outstanding purchase price payment. This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. The purchaser shall remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as the Buyer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
The processing or transformation of the object of sale by the purchaser shall always be carried out in our name and on our behalf. In this case, the purchaser's expectant right to the object of sale shall continue to apply to the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the Buyer's item is to be regarded as the main item, it shall be deemed agreed that the Buyer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created in safe custody for us. In order to secure our claims against the purchaser, the purchaser shall also assign to us such claims as accrue to him against a third party as a result of the combination of the reserved goods with a plot of land; we hereby accept this assignment.
We undertake to release the securities to which we are entitled at the Buyer's request insofar as their value exceeds the claims to be secured by more than 20%."
4. Prices
All prices include the statutory German value added tax (VAT) and are exclusive of shipping costs. For deliveries in states of the European Union (EU), no further VAT is due for payment by consumers. For deliveries to countries outside the EU, import sales tax, import duty and other import duties may apply. These must always be borne by the buyer. - If you choose "cash on delivery" as payment method, a payment card fee and a transmission fee will be charged by the carrier.
5. Warranty
a) For consumers applies:
The warranty is governed by the statutory provisions
In the case of second-hand goods, liability for defects is limited to 1 year from handover of the goods.
Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health caused by a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, as well as for all damage caused by intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
We shall also be liable for damage caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
Any further liability shall be excluded irrespective of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
b) For entrepreneurs applies:
For defects of new goods purchased from us, we assume liability for defects during the statutory period.
In the case of used goods, liability for defects is excluded.
Items that are connected (assembled) with another item must be adjusted and checked for accuracy of fit before assembly. Consequential damage caused by non-observance of this provision will not be accepted by us. Furthermore, you must inform yourself about and observe any conditions and restrictions before concluding the purchase contract. In case of non-observance, we are not liable for any costs / damages resulting from this.
Notwithstanding the foregoing provisions and the following limitations of liability, we shall be liable without limitation for damages to life, limb and health, which are based on a negligent or intentional breach of duty by our legal representatives or our agents, as well as for damages covered by the liability under the Product Liability Act, as well as for all damages based on intentional or grossly negligent breaches of contract and malice, our legal representatives or our agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
We shall also be liable for damage caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
Any further liability shall be excluded irrespective of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
The purchaser shall inspect the goods immediately after delivery by the carrier commissioned by us, at the latest within a period of 8 working days, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify us immediately. If the buyer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved also in view of this defect. The timely dispatch of the notification shall be sufficient to preserve the rights. The above provisions shall not apply if we have fraudulently concealed the defect. Visible or obvious transport damage must be reported immediately to the carrier.
c) The costs for return shipments are to be borne by the buyer.
d) Insofar as a manufacturer's warranty is granted for individual products, this manufacturer's warranty shall not limit the claims for liability for defects.
e) A customer service is not available.
6. Transfer of risk
a) For consumers applies:
The risk of accidental loss and accidental deterioration of the goods shall not pass to the Buyer until the goods are handed over to the Buyer.
b) For entrepreneurs applies:
The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer as soon as we have handed over the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
7. Product deviations
The contents of this online store were created by us with great care. Nevertheless, we can often not foresee production-related deviations in technical specifications. If certain information is particularly important to you, please check this before any assembly.
The following applies to consumers: non-observance of these instructions has no influence on your warranty claims.
We reserve the right to deviations in color and design, unless they are essential for the product.
8. Further information
This online store may contain links to other websites. When setting up the links, these and the contents of the corresponding websites were checked by us for legality. We expressly point out that we are not responsible for their appearance and content. We expressly distance ourselves from all contents of linked websites, as we have no influence on their contents. Responsible for the linked websites and their contents are exclusively their operators.
The contract text regarding your order will be stored by us. The contract text stored by us will be communicated to you in the confirmation of receipt of your order data. You can print or save this text. You do not have access to this data.
You can recognize input errors by checking the shopping cart and change them there or change them with the function "BACK" on the previous page.
The language available for the conclusion of the contract is exclusively German.
9. Copyright
All contents of this online store, both photographs, texts (including these terms and conditions) and tables are protected by copyright. It is expressly prohibited to use the contents of this online store, whether in whole or in part, in any form without our express permission.
10. Final provisions/place of jurisdiction/place of performance
As far as permissible, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this shall only apply to the extent that the rights to which you are entitled in the country in which you have your habitual residence are not limited or withdrawn thereby.
If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or if he has no general place of jurisdiction in Germany, our registered office shall be the place of jurisdiction and performance for all disputes arising from this contractual relationship.
11. Severability clause
Should one or more of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision.
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