1.1 Scope of application
These General Terms and Conditions of Business apply in the version valid at the time the contract is concluded for all business relations.
1.2 Contract agreement
Contract languages is English.
To use the full scope of our website it is first necessary to create a customer account. Here the data necessary for the provision of services by us are requested. The entries are confirmed by clicking on the “Register” button. You will then receive a confirmation e-mail with the information required for a login. Only when you have logged on to our website with this information for the first time, the registration is complete.
The password that gives you access to the personal area is strictly confidential and may not be passed on to third parties under any circumstances. You will take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data including invoice address and, if necessary, a different delivery address, unless you have already entered this in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g., name, address, method of payment, ordered items) once again and correct any input errors before you confirm your order by clicking on the button “order with obligation to pay”. With your order, you declare your binding offer of contract. We will immediately confirm receipt of your order. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you that the goods have been dispatched. The contract is only concluded upon acceptance.
1.5 Storage of the contract text
The text of the contract will be saved by us and sent to you in text form (e.g., e-mail, fax or by post) after sending your order together with these General Terms and Conditions and customer information. However, the text of the contract can no longer be called up by you on the website after you have sent your order. You can use the print function of your browser to print out the relevant website with the text of the contract.
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone the delivery by the duration of the obstructive event.
2.3 Exclusion of delivery
P.O. box addresses will not be delivered.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us will be made within five days. In the case of advance payment, the start of the delivery period is the day after the payment order is issued to the remitting bank or, in the case of payment by cash on delivery or purchase on account, the day after the contract is concluded. The period shall end on the fifth day following this. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the period shall end on the next working day.
3.1 Prices and shipping costs
All prices include value added tax. In addition, the costs for packaging and shipping are shown separately, unless collection by you at our place of business is agreed.
3.2 Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
Revocation instruction for consumers in distance selling contracts
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the goods / the last goods.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for testing their condition, properties and functionality.
– End of the revocation instruction –
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Similarly, the right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Discount codes are codes that cannot be purchased, but are issued by us as part of advertising campaigns with a specific validity period.
5.2 Usability and validity
Discount codes can only be redeemed within the specified period and only once during an order process. Promotional vouchers can only be redeemed before the order process is completed. A subsequent crediting is not possible. The discount code cannot be transferred to third parties. Multiple discount codes cannot be combined unless we have agreed otherwise.
Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods under simple reservation of title with care at all times. You assign to us any claim or compensation you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
Warranty with the purchase contract
7.1 General information
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and details in our offers, brochures, catalogues, on the website and other documents, there may be technical and design deviations (e.g. colour, weight, dimensions, design, scale, positioning or similar), insofar as these changes are reasonable for you. Such reasonable grounds for change may result from customary commercial fluctuations and technical production processes. As far as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
7.2 Warranty claim
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the item is transferred to you upon delivery to the person designated for transport. You must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of warranty claims is excluded. Timely dispatch suffices to meet the deadline. It shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defects.
7.3 Rights in case of insignificant defects
In the event of an insignificant defect, you shall only be entitled to an appropriate reduction of the purchase price under exclusion of the right of withdrawal.
7.4 Compensation for defects
No warranty is given for damage resulting from improper handling or use. The following exclusion of liability is expressly referred to.
8.1 General information
We give you the opportunity to evaluate the offers and services of our providers. You are obliged to provide the information to the best of your knowledge and belief. We can editorially check submitted ratings for their admissibility. We are entitled, but not obliged, to publish ratings on our website and make them visible to all users.
8.2 Abusive or illegal evaluations
Abusive or illegal ratings will be deactivated or deleted by us without prior notice. This is particularly the case if false, insulting or other illegal information is given or the ratings are misused as advertising space.
Usability of the services
9.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within a reasonable scope for the purpose of updating and maintenance. In this respect, we do not guarantee that the services offered are available at all times and do not assure that the services offered or parts thereof are made available and can be used from any location. Your warranty rights are not affected by this.
9.2 Technical requirements
Use of the website requires the use of compatible devices. It is up to you to put or keep the device in a condition that allows you to use the website services.
10.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.
10.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
11.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
11.2 Choice of law
As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is valid as agreed.
11.3 Consumer dispute resolution proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS Platform). You can access the OS Platform under the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.