Terms and Conditions

General terms of business (Terms and Conditions)

§1
Area of application & defensive clause

(1) For the legal relations reasonable about this Internet shop between the operator of the shop (in the following „suppliers“) and his customer are valid exclusively the following general terms of business in the respective version at the time of the order.

(2) Divergent general terms of business of the customer are rejected.

§2
Realisation of the contract

(1) The presentation of the goods in the Internet shop shows no binding offer of the supplier on end of a bill of sale. The customer is merely asked through this to deliver an offer by an order.

(2) By sending the order in the Internet shop the customer delivers an obliging offer directed on the end of a bill of sale about the goods contained in the goods basket. With sending the order the customer also recognises these terms of business as for the legal relationship with the supplier alone decisively.

(3) The supplier confirms the entrance of the order of the customer by sending of confirmation-e-mail. This order confirmation does not show yet the acceptance of the contract offer with the supplier. It serves merely the information of the customer that the order has come with the supplier. The explanation of the acceptance of the contract offer occurs through the delivery of the product or an explicit notice of acceptance.

§3
Retention of title

The delivered product remains up to the entire payment in the property of the supplier.

§4
Maturity

The payment of the purchase price is due with contract end.

§5
Guarantee

(1) The guarantee rights of the customer are directed according to the general legal regulations, as far as in the following nothing else is determined. The regulation is valid for compensation claims of the customer towards the supplier in §6 of these Terms and Conditions.

(2) The period of limitation for guarantee claims of the customer amounts with consumers with things made anew 2 years, with used things 1 year. Compared with enterprisers the period of limitation amounts with things made anew and with used things 1 year. The preceding shortening of the periods of limitation is not valid for compensation claims of the customer on account of an injury of the life, the body, the health as well as for compensation claims on account of an injury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract, e.g., the supplier has to hand over to the customer the thing freely from material faults and legal faults and to get the property in her. The preceding shortening of the periods of limitation is also not valid for compensation claims which are based on a deliberate or roughly careless duty injury of the supplier, his legal representatives or fulfilment assistant. Compared with enterprisers also except from the shortening of the periods of limitation the resort claim after §478 is a Civil Code.

(3) A guarantee is not explained by the supplier

§6
Disclaimer of liability

(1) Compensation claims of the customer are excluded, as far as in the following nothing else is determined. The preceding disclaimer of liability is also valid in favour of the legal representatives and fulfilment assistant of the supplier, provided that the customer asserts claims against this.

(2) From are excluded under figure 1 certain disclaimer of liability compensation claims on account of an injury of the life, the body, the health and compensation claims from the injury of essential contract duties. Essential contract duties are those whose fulfilment is necessary for the reaching of the aim of the contract, e.g., the supplier has to hand over to the customer the thing freely from material faults and legal faults and to get the property in her. Is also excluded from the disclaimer of liability the liability for damages which are based on a deliberate or roughly careless duty injury of the supplier, his legal representatives or fulfilment assistant.

(3) Regulations of the product liability law (ProdHaftG) remain untouched.

§7
Cession and pledging forbiddance

The cession or pledging of the customer towards the supplier to being entitled claims or rights is excluded without approval of the supplier, provided that the customer does not prove a legitimate interest in the cession or pledging.

§8
Compensation

A compensation right of the customer exists only if his demand put to the compensation was ascertained legally or is indisputable.

§9
Legal choice & legal venue

(1) On the contractual relations between the supplier and the customer the right of the Federal Republic of Germany finds use. The compelling consumer protection regulations of the country in which the customer has his usual stay are excluded from this legal choice. The use of the UN-purchase right is excluded.

(2) Legal venue for all disputes from the contractual relationship between the customer and the supplier is the seat of the supplier, provided that it concerns with the customer a businessman, a legal entity of the public right or a public law special property.

§10
Severability clause
Should a regulation of these general terms of business be ineffective, the effectiveness of the remaining regulations is not touched of it.