These terms and conditions apply to all contracts concluded between the
Göhrener Strasse 5
(Hereinafter referred to as "supplier" or "we") and our customers (hereinafter referred to as "customer" or "you") exclusively using means of distance communication (e.g., via the Internet or by telephone) in our online store. For contracts concluded in our offline store (retail store), the terms and conditions included there shall apply.
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating conditions and contract offers of the customer are hereby contradicted.
(2) The Customer is a consumer if the purpose of the delivery and service cannot be attributed to his/her commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his/her commercial or self-employed professional activity.
(1) The customer can select products from our assortment and collect them in a so-called shopping cart via the button ("Button") "add to cart". By clicking on the button "order with obligation to pay", the customer submits a binding application to purchase the goods in the shopping cart.
(2) Before submitting the order, the customer can change the data entered by him/her at any time, view and correct input errors. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and thereby included them in his/her application.
(3) The Provider shall then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.
The contract is not concluded until we issue the declaration of acceptance, which is sent by a separate email. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract shall be concluded at the event that occurred first in each case. In any case, the customer receives a contract confirmation in text form in accordance with the statutory provisions.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, we shall immediately reimburse the customer for any services already rendered.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations that may be depicted.
(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill its contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such a case, we will immediately inform the customer that the ordered goods are not available. We shall immediately refund any consideration already paid by the customer.
(6) The contract language is German.
(7) Order processing and contact within the scope of contract processing are usually carried out by email. The customer must therefore ensure that the email address provided by him/her for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of contract-related emails.
The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which we are entitled have been settled.
(1) Our prices include the applicable statutory value added tax and do not include shipping costs.
(2) The corresponding shipping costs shall be specified to the customer prior to conclusion of the contract and shall be borne by the customer unless free shipping has been agreed.
(1) The customer may make payment in accordance with the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the respective agreed payment method provides otherwise.
(3) The customer must ensure that his account is sufficiently covered. In the event of return debit notes caused by insufficient funds, the customer shall be obliged to reimburse us for the resulting damage.
(4) The customer's obligation to pay interest on arrears shall not preclude the assertion of further claims for damages caused by default.
(5) The customer shall only have the right to set-off if its counterclaims have been recognized by us or have been legally established or if the counterclaims arise from the same contractual relationship. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall, according to the law, only pass to the customer upon delivery of the object of purchase to the customer.
(2) Only if the customer acts as an entrepreneur, the following shall apply: Delivery shall be ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g., storage and transport costs).
(1) Claims for defects concerning used goods delivered by us shall become statute-barred one year after handover to the customer. With respect to entrepreneurs, the limitation period for claims based on defects for items delivered by us shall be 1 year. We shall otherwise be liable for material defects in accordance with the statutory provisions applicable in this respect, in particular §§ 434 ff BGB.
(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see the following § 8), for damages in accordance with the Product Liability Act and for any guarantees assumed, shall remain unaffected by the restrictions of the above paragraph 1. The statutory limitation periods for the right of recourse pursuant to § 478 of the German Civil Code (BGB) for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall also remain unaffected.
(3) Claims for defects by merchants shall be subject to the condition that they have complied with their statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB).
(4) A quality or durability guarantee (§ 443 BGB) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.
(5) Any complaints and warranty claims can be submitted to the address given in the supplier identification.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract and those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(2) The restrictions of the above paragraph 1 shall also apply in favour of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them, as well as mutatis mutandis for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed shall remain unaffected.
Consumers are entitled to a statutory right of revocation. You will receive a revocation instruction according to the legal regulations separately in text form.
The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with the statutory provisions.
(1) The contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall only apply to the extent that the consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.
(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions.
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