Terms and Conditions

General Terms and Conditions with customer information for consumers

Scope
1.1. For the business relationship between  (hereinafter „Seller“) and the customer (hereinafter „Customer“) shall be exclusively governed by the following terms and conditions in their version valid at the time of order.

1.2. A consumer, within the meaning of these General Terms and Conditions, is any natural person who enters into a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

1.3 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions
2.1 The product display on the online shop does not constitute a legally binding offer but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.

2.2 All offers are valid „while supplies last“ unless otherwise stated with the products. Otherwise, errors are reserved.

Note: Please enter the applicable button labels below.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's assortment without obligation and add them to a shopping cart by clicking the „Add to Cart“ button. Within the shopping cart, the product selection can be modified, e.g., deleted. Afterward, the customer can proceed to complete the order process within the shopping cart by clicking the “Proceed to Checkout" button.

3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the „Order with obligation to pay“ button. Before submitting the order, the customer can change and view the data at any time and use the „Back“ browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 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 (order confirmation). 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 purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance may also be effected by a request for payment sent by the seller to the customer and at the latest by completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.

In the case of customers who are companies, the aforementioned period for sending, handing over, or order confirmation is seven instead of two days.

3.5. If the seller enables advance payment, the contract comes into effect upon provision of bank details and a payment request. If payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller shall withdraw from the contract, meaning the order becomes void and the seller has no obligation to deliver. The order is then considered concluded for the buyer and seller without further consequences. Therefore, items are reserved for a maximum of 10 calendar days for advance payments.

4. prices and shipping costs
4.1. All prices indicated on the seller's website include the applicable statutory value-added tax.

4.2. In addition to the stated prices, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Product Availability
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

5.2. If delivery of the goods fails despite three delivery attempts due to the buyer's fault, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.

5.3. If the ordered product is unavailable because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to have a comparable product delivered, the seller will refund any consideration already rendered by the customer immediately.

5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.

5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.

6. payment modalities
6.1. The customer can choose from the available payment methods within the scope and before completing the order process. Customers will be informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within.

6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, Amazon Pay, their terms and conditions apply.

6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.

6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.

6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title
Until full payment, the delivered goods remain the property of the seller.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. The customer must immediately notify third parties of any seizure of the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. By way of security, the customer assigns to the seller in full all claims arising from the resale or other legal grounds with regard to the reserved goods (including all current account balance claims). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (by more than 50% if there is a realization risk). The selection of the securities to be released shall be incumbent on the seller. Ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer upon settlement of all claims of the Seller arising from delivery transactions. The selection of the securities to be released shall be incumbent on the seller.

8. Customer Account

8.1 The Seller provides the Customer with a customer account. Within the customer account, the Customer is provided with information about orders and their customer data stored with the Seller. The information stored in the customer account is not public.

8.2. Customers can also place an order as a guest without creating a customer account. In this case, no customer account will be created (see explanation under 8.1).

8.3. Customers are obliged to provide truthful information in their customer account and to update the information to reflect changes in actual circumstances, as far as this is necessary (e.g., a changed email address in case of a change, or a changed postal address prior to an order). Customers are responsible for any disadvantages arising from incorrect information.

8.4. The customer account may only be used in accordance with applicable legal provisions, in particular regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, using the access masks provided by the seller and other technical access options. Any other form of use, in particular by external software, such as bots or crawlers, is prohibited.

8.5 Insofar as customers save, specify or otherwise post content or information (hereinafter referred to as „content“) within the customer account, the customers are responsible for this information. The Seller does not adopt the Customer's content as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity and reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and cautions as well as bans.

8.6. Customers may terminate their customer account at any time. The seller may terminate the customer account at any time with reasonable notice, which is typically two weeks. Termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. From the moment of termination, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer's responsibility to back up their data when terminating the customer account.

9. Warranty for Defects and Guarantee
9.1 Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.

9.2. A warranty for the goods supplied by the seller exists only if it has been expressly given. Customers will be informed of the warranty conditions before initiating the ordering process.

9.3 If the customer is a tradesperson, they shall inspect the goods immediately, notwithstanding statutory reporting obligations, and shall notify the supplier in writing of any identifiable material defects immediately, and no later than two weeks after delivery, and of any non-identifiable material defects immediately, and no later than two weeks after they are discovered. Customary deviations in quality, weight, size, thickness, width, equipment, pattern, and color that are permissible according to quality standards or are minor are not defects.

9.4 If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the seller.

9.5 Without prejudice to the liability provisions of these General Terms and Conditions, defects in materials shall generally become time-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatorily prescribed by law, particularly for special provisions regarding the recourse of the entrepreneur. For used goods, the warranty for customers who are entrepreneurs is excluded.

9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) BGB in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and its customers).

10. liability
10.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.

10.2. The seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

10.3. Furthermore, the seller is liable for slight negligence in the breach of essential duties, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller shall only be liable for foreseeable, contract-typical damage. The seller shall not be liable for slight negligence in the breach of duties other than those mentioned in the preceding sentences.

10.4. The above limitations of liability do not apply in cases of injury to life, body and health, for a defect after acceptance of a warranty for the quality of the product, and for defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.

10.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of contract text
11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.

11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing, or by reference to an online source.

12. Final Provisions
12.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller's country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.

12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, excluding the UN CISG, as long as this does not conflict with mandatory legal provisions.

The contract language is German.

12.4 We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.