Conditions
Terms and Conditions (GTC)
§ 1
Scope & Defense Clause
(1) The following general terms and conditions in the current version at the time of the order apply exclusively to the legal relationships established via this Internet shop between the operator of the shop (hereinafter "provider") and his customers.
(2) Deviating general terms and conditions of the customer will be rejected.
§ 2
Conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is only asked to place an offer by placing an order.
(2) By submitting the order in the Internet shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods in the shopping cart. By submitting the order, the customer also accepts these terms and conditions as the sole authoritative basis for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made through the delivery of the goods or an express declaration of acceptance.
§ 3
Retention of title
The delivered goods remain the property of the provider until they have been paid for in full.
§ 4
Due date
The payment of the purchase price is due upon conclusion of the contract.
§ 5
Guarantee
(1) The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. The regulation in § 6 of these terms and conditions applies to claims for damages by the customer against the provider.
(2) The limitation period for warranty claims by the customer is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation period does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those, the fulfillment of which is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and provide ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. The right of recourse according to Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the statute of limitations vis-à-vis entrepreneurs.
(3) The provider does not declare a guarantee.
§ 6
Disclaimer of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) The exclusion of liability specified in section 1 does not include claims for damages due to injury to life, limb, health and claims for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those, the fulfillment of which is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and provide ownership of it. Liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents is also excluded from the exclusion of liability.
(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7
Assignment and pledge prohibition
The assignment or pledging of claims or rights by the customer against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.
§ 8th
On Bill
The customer is only entitled to set-off if his claim for set-off has been legally established or is undisputed.
§ 9
Choice of law & place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10
Severability clause
Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
Source: Hamburg Labor Law