Conditions
Overview
§ 1 Scope and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Terms of Payment; Default
§ 5 Offsetting; Right of retention
§ 6 Delivery; Retention of title
§ 7 Transport damage
§ 8 Warranty
§ 9 Liability
§ 10 Alternative dispute resolution
§ 11 Final provisions
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders that you place in the online shop of Muster GmbH Musterstraße Musterort Managing Director:
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
(4) The contract language is exclusively German.
(5) You can access and print out the currently valid General Terms and Conditions on our website [provide link]. [“The text of the contract will not be saved.” / “In addition, the text of the contract will be saved by us and can be made available via email afterwards.”]
§ 2 Conclusion of contract
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button [“Order now with payment” / “buy”] you are making a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance. If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. We can only accept your application up to the point at which you can normally expect to receive the answer (§ 147 Para. 2 BGB). Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information about shipping costs can be found on our website under [“Shipping information” / “Delivery conditions”].
§ 4 Terms of Payment; Default
(1) Payment can be made either by: invoice, advance payment, cash on delivery, credit card, PayPal or direct debit.
(2) We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk.
(3) If you choose the advance payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
(4) When paying by cash on delivery, an additional fee of [X] EUR is due, Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 which the delivery person collects on site. There are no further costs or taxes.
(5) If you pay by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be charged at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear the costs that arise as a result of a payment transaction being reversed due to insufficient funds in the account or due to incorrect bank details being transmitted by you.
§ 5 Offsetting; Right of retention
(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the ordered goods if we ordered the goods properly but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following also applies: - We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transition of
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
Due to ownership of the reserved goods, pledging or transfer of security is not permitted. - You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. - If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. - We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and please contact us as quickly as possible. #
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
(2) We are only liable for claims due to damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). for claims due to other damages,
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications: - Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer. - You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. - In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. - If supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract. - The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.
(2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.
§ 11 Alternative dispute resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without involving one
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
to clarify in court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
(2) We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in arbitration proceedings and do not offer such participation.
§ 12 Final provisions
(1) If one or more provisions of these General Terms and Conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions.
(2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Convention on Contracts for the International Sale of Goods”). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (particularly with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
