§ 1 Scope of application & defence clause
(1) The following General Terms and Conditions in the respective version at the time of the order shall apply exclusively to the legal relationships between the operator of the shop (hereinafter referred to as the “Supplier”) and its customers established via this Internet shop.
(2) Deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely requested to make an offer by placing an order. Der Kunde wird hierdurch lediglich aufgefordert, durch eine Bestellung ein Angebot abzugeben.
(2) By submitting the order through the Internet shop, the customer places a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also recognises these terms and conditions as solely authoritative for the legal relationship with the supplier. Mit dem Absenden der Bestellung erkennt der Kunde auch diese Geschäftsbedingungen als für das Rechtsverhältnis mit dem Anbieter allein maßgeblich an.
(3) The supplier confirms that the order of the customer has been received by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the supplier. It merely serves to inform the customer that the order has been placed with the supplier. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the supplier until the full payment has been made.
§ 4 Due date
Payment of the purchase price is due upon the conclusion of the contract.
§ 5 Warranty
(1) The customer’s warranty rights are governed by the general statutory provisions, unless otherwise stipulated below. The provision in § 6 of these GTC applies to the customer’s claims for damages against the supplier.
(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For enterprises, the limitation period is 1 year for newly manufactured goods and 1 year for used goods. The above reduction of the limitation periods shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above reduction of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. The right of recourse in accordance with § 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods vis-à-vis enterprises.
(3) A guarantee is not declared by the supplier.
§ 6 Exclusion of liability
(1) Claims for damages by the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the provider, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is the liability for damage caused by an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the supplier is excluded without the supplier’s consent unless the customer proves a legitimate interest in the assignment or pledging.
§ 8 Offsetting
The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed.
§ 9 Choice of Law & Place of Jurisdiction
(1) The contractual relations between the supplier and the customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the registered office of the supplier, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
As of Okt. 2016; Quelle: kluge-recht.de