§ 1
Scope of application & defence clause

(1) The legal relationships between the operator of the shop (hereinafter ‘Provider’) and its customers established via this Internet shop shall be governed exclusively by the following General Terms and Conditions in the version applicable at the time of the order.

(2) Deviating general terms and conditions of the customer are rejected.

§ 2
Conclusion of the contract

(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.

(2) By sending the order in the Internet shop, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also recognises these terms and conditions as the sole authoritative terms for the legal relationship with the provider.

(3) The provider confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.

§ 3
Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 4
Due date

Payment of the purchase price is due upon conclusion of the contract.

§ 5
Warranty

(1) The customer’s warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 6 of these GTC shall apply to claims for damages by the customer against the provider.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs is the right of recourse according to § 478 BGB.

(3) A guarantee is not declared by the supplier.

§ 6
Exclusion of liability

(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.

(2) Excluded from the exclusion of liability stipulated in Section 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

(3) The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.

§ 7
Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the consent of the provider, unless the customer can prove a justified interest in the assignment or pledging.

§ 8
Offsetting

The customer shall only have a right of set-off if his claim for set-off has been recognised by declaratory judgement or is undisputed.

§ 9
Choice of law & place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the contractual relationship between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10
Severability clause

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.