Terms and Conditions

General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Warranty for defects and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, Applicable law, contract language
1. Scope
1.1. For the business relationship between [Insert: DemoShop eK, owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from [9:00 AM] to [6:00 PM] on the telephone number [0221-12345] and by email at [name @].
1.3. Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites are not guaranteed or guaranteed.
2.2. All offers are valid “while stocks last” unless something else is noted in the products. Otherwise errors are reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them in a so-called shopping cart using the button [add to shopping cart]. The product selection within the shopping cart can be changed, e.g. deleted. The customer can then proceed to the completion of the ordering process within the shopping cart using the [Proceed to checkout] button.
3.2. With the button [order with payment] the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time as well as go back to the shopping cart using the browser function 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 email, 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 only 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 sends the ordered product to the customer within 2 days, or transfers it to the customer Customer has confirmed within 2 days with a second email, express order confirmation or sending the invoice.
3.4. If the seller allows prepayment, the contract comes into effect with the provision of the bank details and payment request. If the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, despite the due date, the seller withdraws from the contract, with the result that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller calculates shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available, because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary,
suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any services already rendered.
5.4. Customers are 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.
6. Payment arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned to process the payment, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship. 7. Retention of title The goods delivered remain the property of the seller until full payment has been made.
8. Warranty for defects and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if they have been expressly given. Customers will be informed of the guarantee conditions before initiating the order process.
9. Liability
9.1. For liability of the seller for damages, the following exclusions and limitations of liability apply without prejudice to the other legal requirements.
9.2. The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer trusts regularly. In this case, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply to injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all the order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the General Terms and Conditions along with cancellation policy and information on shipping costs and delivery and payment conditions. If you should have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

*: This text is translation from German. In case of a conflict between English and German texts, German text is valid and German text is binding.

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