1. Terms and Conditions apply to all business relationships between the customer and the seller. Deviating conditions of the customer only apply with the written consent of the seller.
2. Offers on the seller's website are subject to change and non-binding. Orders are only binding if the seller confirms them or if he sends the goods. The confirmation of receipt of an order is not an order confirmation. The prices mentioned are in euros including sales tax. The seller reserves the right to refuse to accept orders without giving reasons. Any claims for damages arising from this are excluded. If the ordered goods are not available, the seller reserves the right to withdraw from the contract. Any consideration provided by the customer will be reimbursed.
3. Delivery dates communicated to the customer are indicative and not binding. Adherence to a delivery deadline is always dependent on timely self-delivery. If the delivery option depends on delivery by a sub-supplier and if this delivery fails for reasons for which the seller is not responsible, he is entitled to withdraw from the contract. The customer is then not entitled to compensation for this reason. The same applies if delivery becomes significantly more difficult or impossible due to force majeure or other events. Such events include in particular: fire, flood, labor disputes, operational disruptions, strikes, changes in the official permit or legal situation and official orders that cannot be attributed to the operational risk. In the cases mentioned, the customer will be informed immediately about the lack of delivery options and any service already provided will be reimbursed. Partial deliveries are permitted as long as they are not unreasonable for the customer, he has to accept them. Packaging and shipping costs are only charged once for partial deliveries
4. The goods are dispatched from the seller's warehouse in Berlin. If the shipping method desired by the customer is not possible, the seller can determine another. Buyer pays for shipping. If shipping by parcel is not possible due to excess weight, size or volume, delivery will be made as freight by a forwarding agent or courier. If the customer does not accept the goods sold, the seller is entitled to either insist on acceptance or to demand reasonable compensation for damages and expenses, unless the customer proves that no damage or a lower damage has occurred. In the event of exceptionally high damage, the seller reserves the right to assert this. For the duration of the customer's delay in acceptance, the seller is entitled to store the delivery items at the customer's risk and expense, with a forwarding agent or a warehouse keeper. During the delay in acceptance, the customer must reimburse the resulting transport and storage costs. The compensation is reduced to the extent that the customer proves that no expenses or damage have been incurred.
5. Payment by the customer can be made either in advance, Paypal or on account. The seller reserves the right to determine a payment method other than that selected by the customer. Unless expressly agreed otherwise, the customer is not entitled to reduce the invoice amount by discounts, bonuses or other deductions. Payment charges such as bank charges or cash on delivery charges must be borne by the customer.
6. The delivered goods remain the property of the seller until the purchase price has been paid in full. The retention of title only expires when the customer has paid for the goods in full. As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care.
7. The customer is not entitled to offset his own claims against payment claims, unless the customer's claims are undisputed or have been legally established. The customer is not entitled to counter the seller's payment claims with rights of retention - also from notifications of defects - unless they result from the same contractual relationship and are undisputed or legally established or ready for a decision.
8. The customer must check the goods delivered by the seller immediately and report any detected or obvious defects immediately, no later than 3 days after delivery. Slight deviations in color, quality or quantity do not entitle the buyer to assert claims of any kind. The same applies to minor defects. In the case of justified complaints about defects, the buyer can demand delivery of a defect-free item or rectification. The seller can refuse to whom the selected type of supplementary performance is associated with disproportionately high costs. The returned goods are to be returned to the seller prepaid. Shipments without freight prepaid will not be accepted. If improvements or replacement deliveries fail after a reasonable period of time, the customer can either demand a reduction in the purchase price or cancellation of the contract. The deadline is at least 2 weeks. Repair or replacement delivery have failed if three attempts to remedy the defect have not been successful. If the customer fails to inspect or report defects in good time, the delivered goods shall be deemed approved unless the defect was not apparent during the inspection. Defects discovered later must also be reported to the seller immediately; otherwise the goods shall also be deemed to have been approved with regard to these defects. The notification of defects must be made in writing and describe the defect reported in detail. For the rest, §§ 377 ff HGB apply. In the case of unjustified complaints, the customer must bear the transport and travel costs as well as the costs of checking the goods complained about according to actual expenditure. Custom-made products and special offers or remaining items as well as reduced goods are non-returnable. Warranty claims due to improper handling, installation, use, modification, wear and tear, incorrect storage or overuse are excluded. Claims for damages by the buyer, for whatever legal reason, in particular due to breach of obligations arising from the contractual relationship and tort, are excluded. The same applies to claims for reimbursement of expenses. This does not apply if an exclusion or limitation of liability is prohibited by law (e.g. in the case of product liability); in cases of intent and gross negligence, due to injury to life, limb or health, due to the violation of essential contractual obligations, unless the purpose of the contract is not endangered by the type and effect of the violation. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. Any treatment or further processing of the goods delivered by the seller shall lead to the expiration of the warranty rights, unless there is a defect in the delivered goods which already existed before the transfer of risk and which was not caused by the treatment or further processing. The warranty rights expire if the treatment or further processing by the customer or other third parties is not carried out professionally. The warranty period is twelve months. It begins with the passing of risk.
9. All personal and business data collected from the customer/prospect will be treated confidentially. The data required for the transaction is stored and, if necessary, passed on to affiliated companies and deliverers as part of the execution of the order. If the customer/prospect reveals his e-mail address to the seller, the seller is entitled to send notifications and advertising messages to this address, unless the customer/prospect expressly objects. The seller also reserves the right to use technical identification features of the customer such as e.g. B. IP address, date and time of the ordering process. This data is not passed on to third parties. Upon request, the customer will be informed of the stored data. The customer is hereby informed of the first storage or transmission in accordance with § 33 BDSG and accepts that no further notifications will be made. In the context of granting a loan and collecting receivables, the customer's data may also be passed on to third parties, in particular to credit insurers and credit agencies for credit checks.
10. The customer is not entitled to assign or transfer his rights and obligations under the contract to third parties.
11. Should one of the provisions contained in the General Terms and Conditions be or become invalid or should there be a gap, the validity of the remaining provisions shall not be affected. The ineffective provision should be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.
12. The place of performance for all mutual services under the contract is the seller's company headquarters in Berlin. The place of jurisdiction for all claims arising from the business relationship is the place of business of the seller.
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