General Terms And Conditions

General Terms and Conditions

I Scope

  1. The following General Terms and Conditions (hereinafter referred to as GTC) contain the terms and conditions exclusively applicable between the customer and us (hereinafter referred to as "Seller"). The GTCs apply to all contracts concluded in this online shop between the customer and the seller with regard to the goods offered there by the seller (hereinafter "articles"). The customer acknowledges these by placing an order.  
  1. Customers within the meaning of these GTC are both consumers and entrepreneurs. Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is any natural or legal person or partnership with legal capacity, which acts in exercise of its independent professional or commercial activity when concluding a legal transaction.

II Conclusion of contract

  1. the articles displayed in the online shop of the seller serve the purpose of the submission of a binding offer by the customer and do not represent binding offers of the seller. The customer can select products from our range and collect them in a so-called shopping cart.

    2. the customer submits his legally binding offer by means of the shopping cart system. By clicking on the order button "Buy now" the customer places a binding order for the goods contained in the shopping cart.

    3. after receipt of the customer's request, the seller sends a confirmation message to the email address provided by the customer, in which the essential features of the order are listed again, together with these terms of contract and other mandatory information.

    4. if payment is made by IMMEDIATE banking, the contract is concluded when the seller sends the order confirmation e-mail. In all other respects, a contract is concluded when the shipping confirmation e-mail is sent.

    The text of the contract regarding the order is not stored by the seller and can no longer be called up after conclusion of the contract. 

III. Prices and shipping conditions

The prices which were shown on the internet pages at the time of the order are valid. All prices are gross prices in USD and include the legal value added tax. In the case of mail-order purchases, the price does not include shipping costs. The customer shall only be entitled to a right of set-off if the counterclaim has been legally established or is undisputed; this restriction shall not apply if the counterclaim is in a reciprocal relationship with the seller's claim.

The customer can pay for the goods by credit card. The seller reserves the right to exclude individual payment methods, even after the order has been placed. If payment is made by credit card, the goods will be shipped immediately after the transaction has been approved by the customer's credit card institute, subject to availability. The seller does not debit the credit card account until the day the delivery leaves the warehouse. In the case of the payment method IMMEDIATELY Banking, the goods will be dispatched immediately upon confirmation of the successful completion of the payment, subject to availability.

The seller offers the following shipping models: [...] 

  1. Warranty: The statutory rights of liability for defects shall apply.

  2. Liability: We shall only be liable for simple negligence in the event of a breach of material contractual obligations, i.e. the breach of obligations which grant the contractual partner legal positions which he may expect according to the content, nature and purpose of the purchase contract and the fulfilment of which is essential for the proper execution of the contract ("cardinal obligations"). This liability shall be limited to such typical damages and/or such typical scope of damages that were foreseeable at the time of the conclusion of the contract. 

In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded. 

We shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in the event of gross negligence, in the event of the assumption of a guarantee, in the event of fraudulent intent and insofar as this is otherwise mandatory by law.

Final provisions

  1. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. German law shall apply, but only to the extent that you are not deprived of the protection granted to you by mandatory provisions of the state in which you have your habitual residence.  
  1. If the customer has no general place of jurisdiction in the US or moves abroad after conclusion of the contract or the place of residence is not known at the time of the institution of legal proceedings, the place of jurisdiction for all disputes is the seller's place of business. This place of jurisdiction also applies to the customer who is an entrepreneur. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.  
  1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/consumers/odr/ (LINK). Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you the opportunity to participate in such proceedings. 

Should one of the provisions of these GTC prove to be ineffective or unfeasible, the remaining provisions shall remain unaffected and continue to be effective. 

 

Customer information

  1. The essential features of the presented offers can be found in the respective description of the goods.

  2. No further costs are incurred for the use of the means of telecommunication used for the conclusion of the contract beyond those of the mere use of the means of telecommunication.

  3. The customer can correct his entries before placing his order with the technical means provided by the seller within the respective input fields by means of the usual keyboard and mouse functions.
     
  4. The language available for the conclusion of the contract is English.

  5. The seller has not subjected himself to special and above not mentioned codes of conduct.

  6. In all other respects, the provisions of the respective product descriptions shall apply.