General Terms and Conditions

1. General

(1)  All contracts, deliveries and other services due to orders from our customers via our Online shop are subject to these General Terms and Conditions.

(2)  The terms and conditions of the customer shall not apply, even if we do not contradict their validity in the individual case separately.

 

2. Conclusion of Contract

(1) Our offers in the Online shop are non-binding

(2) By placing an order in the Online shop, the customer makes a binding offer for the purchase of the respective product. We may accept the offer until the end of the third working day following the date of the offer.

(3) We will send the customer immediately upon receipt of the offer a confirmation of the receipt of the offer, which does not represent acceptance of the offer. The offer is only accepted by us as soon as we declare acceptance (by e-mail) or send the goods to the customer. The purchase contract with the customer becomes binding only with our acceptance.

 

3. Prices and Payment

(1) Our prices do not include the statutory value-added tax. The customer shall bear the freight charges, customs duties and similar charges.

(2) The customer can pay in advance, with credit card, direct debit or with PayPal and by instant bank transfer.

(3) The customer has not the right of lien and set-off, unless the counterclaim is undisputed or legally established.

 

4. Dispatch of the Goods

(1) The deadlines and dates specified by us for the dispatch of the goods are always approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed date of dispatch has been agreed.

(2) All delivery dates specified or otherwise agreed upon at the time of the order begin, when delivery has been agreed upon advance payment, on the day of the receipt of the complete purchase price (including VAT and freight charges).

(3) The day of delivery of the goods by us to the shipping company is decisive for the observance of the dispatch date.

(4) Even if goods are marked as "in stock" on the order form, we are entitled to sell them at any time if

a) on the order form an indication of the limited availability of the goods has occurred or

b) the delivery is made against payment in advance and the payment is not available on our account within a period of five working days after our acceptance of the offer.

In such cases, the shipment will only be made within the agreed deadline or the deadline stated by us, as long as stocks last.

(5) If no delivery period is specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted in accordance with paragraph 4, a shipment shall be deemed to have been agreed within three weeks from the date decisive under paragraph 1.

(6) In the event that our supplier does not deliver the goods on the order form indicated as "not on stock" or sold in accordance with paragraph 4, the delivery period according to this clause 4 shall be extended until delivery of our supplier plus a period of three working days, but at most a period of three weeks, provided that we are not responsible for the delays in the delivery by our supplier and that we have reordered the goods without delay.

(7) If the goods are not available or are not available in time for one of the reasons mentioned in paragraph 6, we will immediately notify the customer thereof. If the goods are not available at our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we shall immediately reimburse the customer for payments made to us. The statutory rights of the customer due to delays in delivery are not affected by the above regulation, whereby the customer can demand damages only in accordance with the special clause 8 of these General Terms and Conditions.

(8) We are entitled to partial deliveries of separately usable products recorded in a purchase order, whereby we will bear the additional shipping costs caused thereby.

 

5. Shipping, Insurance and Transfer to Risk

(1) Unless explicitly agreed otherwise, we determine the appropriate mode of dispatch and the transport company according our equitable discretion.

(2) We only owe the timely, proper delivery for the goods to the carrier and are not responsible for delays caused by the carrier. Therefore, a shipping period stated by us is not binding.

(3) The risk of accidental loss or accidental damage of the delivered goods shall pass to the customer upon delivery of the goods to the carrier.

(4) We will insure the goods against the usual transport risks at our expense.

 

6. Proprietary Reservation

(1) We retain the property of the delivered goods until full payment of the purchase price (including value added tax and shipping costs) for the goods concerned.

(2) The customer is not entitled, without our prior written consent, to resell the goods delivered by us and still subject to retention of title.

 

7. Warranty

(1) If the delivered goods are subject to a defect, we can choose between the rectification of defects or the delivery free of defects. We can refuse the supplementary performance if this is only possible with disproportionate costs.

(2) If the supplementary performance fails pursuant to Clause 7 paragraph 1, or if we refuse the supplementary performance, the customer shall be entitled to withdraw from the purchase contract, reduce the purchase price or claim compensation or compensation for his futile expenses. In addition, the special provisions of Clause 8 of these General Terms and Conditions apply.

(3) The warranty obligation is two years from delivery if the customer is a consumer, otherwise 12 months from delivery.

 

8. Liability

(1) We shall not be liable (irrespective of the legal basis) for damages which are not expected during normal use of the goods. The above limitation of liability does not apply in case of intent or gross negligence.

(2) The limitations of this Clause 8 shall not apply to our liability for guaranteed quality characteristics in the sense of § 444 of the German Civil Law Code, because of injury to life, body or health or according to the Product Liability Act.

 

9. Dispute Resolution

(1) The European Commission provide, according Article 14 paragraph 1 ODR-VO and § 36 of the consumer law for extrajudicial settlement of disputes (VSBG), a platform for the out-of-court online dispute settlement, which is available at http:/ec.europa.eu/consumers/odr

(2) We are not obligated or willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

10. Applicable Law and Jurisdiction

(1) The purchase contract between us and the customer is subject to the law of the Federal Republic of Germany.

(2) For all disputes arising out of or in connection with the relevant contractual relationship, Ulm shall be the exclusive court of jurisdiction.