Allgemeine Geschäftsbedingungen
General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the online store between the online store - hereinafter referred to as the "Seller" - and the customer - hereinafter referred to as the "Customer".
1 Scope of application and general information
(1) Subject to individual arrangements and agreements, which take precedence over these GTC, the following General Terms and Conditions apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.
(2) The customer is a consumer if he concludes the contract for purposes that cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2 Conclusion of contract
(1) The contract is concluded with: Enter address
(Company name, e-mail address, address)
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
2 Conclusion of contract
(1) The contract is concluded with: Enter address
(Company name, e-mail address, address)
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
(3) All offers in the seller's online store merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order with the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether it accepts the order (order confirmation). The order process in the seller's online store works as follows:
(4) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking on the "Shopping cart" button, the customer receives an overview of the selected products. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time by using the browser functions "Back" and "Next" displayed as arrow keys to change the order entered and the data entered. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Order now" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again
and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate e-mail.
3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes therein are reserved, in particular with regard to the availability of goods.
(2) The quality of the ordered goods is determined by the product descriptions in the online store. Images on the website may not accurately reflect the products; colors in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation.
4 Delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than two days after receipt of payment, in the case of cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller will indicate any deviating delivery times on the respective product page.
(1.2) Please note the delivery delay (shipping conditions). Current delivery time is 2-3 weeks.
(2) Delivery is worldwide
(3) The prices quoted are retail prices plus shipping costs. As a small business we are exempt from VAT.
5 Payment
Payment is made in advance (PayPal, bank transfer, credit card) or cash on delivery.
6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
7 Warranty for material defects
(1) The Vendor shall be liable for material defects in accordance with the applicable statutory provisions
(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be made at the address given in the supplier identification.
8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
9 Liability
The statutory provisions shall apply.
10 Text of the contract
The text of the contract is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions are sent to the customer by e-mail. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
11 Final provisions
(1) The contract language is German.
(2) Contracts between the seller and its customers in Switzerland shall be governed by Swiss law, to the exclusion of the laws on the international sale of goods. This choice of law applies to consumers only insofar as their protection is not impaired in accordance with mandatory provisions of the law of their country of habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office. This also applies if the customer does not have a general place of jurisdiction in Switzerland or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
Source: ©️ Lawyer Jacob Metzler
