General Terms and Conditions of Business
All services provided for the customers by the online shop are performed solely on the basis of the following General Terms and Conditions of Business. Conflicting provisions apply only if they have been agreed in writing between the online shop and the customer.
2. Conclusion of the contract
Only persons, who are aged 18 years or over and who at the time of concluding the contract are not restricted in their legal capacity, are entitled to conclude a contract with the online shop.
a) The offers in the online shop are a non-binding invitation to the customers to order goods in the online shop.
b) The customer issues a binding offer to conclude a sales contract, if he orders goods on the Internet.
c) The online shop is entitled to accept this offer within 14 calendar days by despatching a confirmation of order. The order is confirmed by the despatch by e-mail of an order confirmation. On the expiry of the 14-day period without response the offer is deemed to have been refused.
3. Delivery periods
All articles shall be delivered without delay, provided that they are available ex warehouse and while stocks last. Delivery is made only within Germany. The delivery period is usually 2 working days and starts with the despatch of the order confirmation. Information on the delivery period is not binding, unless otherwise agreed in writing. Should an article not be available in the short term, we shall notify you by e-mail of the anticipated delivery period, provided that we have your address.
Some articles have a longer delivery period.
In the case of delays in delivery, such as those caused by force majeure, traffic disruptions and government intervention and other events beyond the control of the online shop, claims for compensation in damages may not be asserted against the online shop.
4. Packaging and shipping costs
For delivery within Germany and packaging costs the online shop charges a pro rata flat rate amount of € 5.50 (net, plus 19% VAT), irrespective of the number and weight of the articles.
In the case of orders with an order value of more than € 150.00 (net) we deliver free of shipping charges within Germany.
5. Prices and payment
5.1 All the prices quoted are net prices. The statutory value added tax in force is shown separately on the invoice.
5.2 The end prices do not include packaging and shipping costs.
5.3 Because we are constantly updating the Internet site for the online shop, the information provided at an earlier date becomes invalid with respect to the price and properties and condition of the goods.
5.4 The prices displayed on the date of the issue of the offer to the customer are definitive for invoicing.
5.5 The payment method for the goods is by invoice. Exemptions are valid only if they have been agreed in writing between the online shop and the customer.
5.6 The customer is obliged to settle the invoiced amount within 30 days of receipt of the goods.
5.7 If the customer fails to comply with his payment obligation on the expiry of the period specified in section 6, the online shop reserves the right to charge the customer additional dunning and processing charges.
5.8 If the customer falls into arrears of payment, the online shop shall be entitled to assert interest on arrears in the amount mandated by statute. The right of the online shop to assert further claims for compensation for damages shall remain unaffected.
6. Retention of title
The goods ordered remain the property of the online shop until receipt of payment in full (retention of title in accordance with §§ 158 and 449 German Civil Code). Prior to the transfer of title the disposal or pledge, transfer by way of security, processing or reconfiguring of the goods is not permitted without the express consent of the online shop.
7.1 Claims by the customer against the online shop arising from defects in the goods are subject to the statutory provisions.
7.2 The customer undertakes to examine the goods for potential defects on receipt and if such defects should be discovered, to notify the online shop promptly thereof. Should the customer discover at a later date that the goods are defective, he is obliged to notify the online shop immediately on discovery of the same. If the customer fails to notify a defect, the goods are deemed to have been accepted.
7.3 Damage caused by the customer to the goods by inappropriate handling or handling contrary to the contract is not deemed to be a defect. Information from the manufacturer of the goods on inappropriate handling and infringement of the contract is definitive.
8.1 In cases of culpable intent or gross negligence the online shop accepts liability in accordance with the statutory provisions. Liability for guarantees is accepted regardless of negligence or fault. The online shop shall be liable for slight negligence solely in accordance with the provisions of the Product Liability Act, by virtue of injury to life, limb or health or by virtue of the breach of material contractual duties. Claims for compensation in damages for slightly negligent breach are however restricted to foreseeable damage, typical of the contract, unless liability for injury to life, limb or health exists. The online shop shall be liable to the same extent for the default of vicarious agents and representatives.
8.2 The regulation of the foregoing paragraph (8.1) shall extend to compensation in damages together with performance, compensation in damages in lieu of performance and claims for compensation by virtue of unnecessary expenses, irrespective of the cause in law, including liability for defects, delay or impossibility.
9. Data protection
The data transferred by the customer shall be used by the online shop solely to process the orders. All data are treated in the strictest confidence. Data are transferred to third parties (e.g. shipping services) only insofar as this is necessary for processing the order. The order data are transferred in an encrypted and secured form; however, we accept no liability for data security during these transfers over the Internet (e.g. by virtue of technical errors by the provider) or for any criminal access by third parties to the files on our Internet presence. Access data for the customer login, which are transferred to the customer at the latter's request, must be treated in strict confidence by the customer, since we accept no responsibility whatsoever for these data.
All the third-party logos, images and graphics displayed are the property of the respective firms and are subject to the copyright of the respective licensor. All photos, logos, texts, reports, scripts and programming routines displayed on these pages, which are our in-house developments or have been prepared by us, may not be copied or otherwise used without our agreement. All rights reserved.
11. Links to our sites
In its decision on 12 May 1998 -- 312 O 85/98 -- "Liability for external links", the District Court in Hamburg ruled that a party inserting links may also share responsibility for the content of such linked sites. The District Court also held that this liability can be avoided, if the site operator expressly distances itself from these contents. We therefore hereby expressly distance ourselves from all the contents of all the linked sites on this home page. This declaration applies to all the links to our Internet sites.
12. Court of jurisdiction
12.1 Unless otherwise provided by law, the Court of jurisdiction is the registered office of the online shop.
12.2 German law is applicable to all disputes, which may possibly arise from this legal relationship. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
13. Validity of the GTC
The placing of an order is deemed to be acceptance of the General Terms and Conditions of Business of the online shop. Should any of the provisions of these General Terms and Conditions of Business be invalid for any reason whatsoever, the validity of the remaining provisions remains unaffected thereby. Oral agreements require confirmation in writing.