Terms and Conditions§ 1 Scope and defense clause
(1) For the reasonable over the Internet shop legal relationship between the owner of the shop (herein after Provider) and its customer, only the following terms and conditions in the current version at the time of order.
(2) Different terms and conditions of the customer will be rejected.
§ 2 Formation of Contract
(1) The presentation of goods on the internet shop is not a binding offer by the supplier to conclude a contract of sale, the Customer shall only be required to submit an order through an offer.
(2) By sending the order via the Internet shop gives the customer a firm offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order the customer accepts these terms and conditions as to the legal relationship with the provider alone prevail.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation e-mail or a corresponding information in the shop. This confirmation is not yet accepting the contract offer by the provider; they do is merely to inform the customer that the order is received by the provider. The declaration of acceptance of the offer made by the delivery of goods, a notice to pay or an explicit declaration of acceptance.
(4) The provider accepts payment in advance to a named account. Furthermore, the provider accepts credits in the PayPal account of the provider of performance under § 364 para 2 BGB (provider is PayPal PayPal (Europe) S.à rl & Cie, SCA, 5th Floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relationship between PayPal and its customers are governed exclusively by the terms of the PayPal.
§ 2a Cost paying agreement
Exercise your right to cancel, you have to bear the costs of returning the goods if the goods ordered and if the price returned the case of an amount not exceeding 40 euros, or if you are at a higher price the thing at the time of revocation have not yet paid the consideration or a contractually agreed part payment. Otherwise, the return is for you free of charge.
§ 3 Retention
The customer acquires ownership of the goods with the manufacture or the declaration of acceptance of the contract offer by the provider, whichever occurs sooner.
§ 4 Maturity
The purchase price is due with contract.
§ 5 Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. For claims of the customer to the provider, the provision in § 6 of these Conditions.
(2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year. Compared to entrepreneurs, the limitation period for newly manufactured items and used items at 1 year. The above reduction of the period of limitation does not apply to compensation claims by the customer due to an injury to life, body, health, and claims for damages for breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has given the customer the item free of defects and shortcomings and to give the title to her. The above reduction of the limitation also does not apply to claims for damages based on intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. To entrepreneurs also excluded from the reduction of the limitation is the recourse according to § 478 BGB.
(3) A guarantee is not explained by the provider.
§ 6 Disclaimer
(1) Claims for compensation by the customer are excluded unless otherwise specified below. The above disclaimer also applies for the legal representatives and agents of the provider, if the customer claims against these claims.
(2) Excluded from the disclaimer of paragraph 1 are claims for damages because of injury to life, body, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The provider has given the customer the item free of defects and shortcomings and to give the title to her. Liability is also excluded from the liability for damages based on intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) The provider is a vicarious agent for the goods, which are individually manufactured. The customer internally releases the supplier from excise taxes and takes over quality assurance and control over the production of the goods.
(4) Provisions of the Product Liability Act remain unaffected.
§ 7 Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights without the consent of the provider's excluded, unless the customer has a legitimate interest in the assignment or pledge.
§ 8 Offsetting
A customer's right of setoff exists only if its set-off claim has been established or is undisputed.
§ 9 Choice of Law and Jurisdiction
(1) The contractual relationship between the supplier and the customer finds the law of the Federal Republic of Germany. Excluded from this choice of law, the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The UN-purchasing law is excluded.
(2) The venue for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if it is the customer is a merchant, a legal entity under public law or a public sector fund.
§ 10 Severability
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected.