Terms and Conditions with Customer Information
- Scope
- Offers and Service Descriptions
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Methods
- Retention of Title
- Customer Account
- Warranty for Material Defects and Guarantee
- Liability
- Saving the Contract Text
- Final Provisions
1. Scope
1.1. The business relationship between [Insert: DemoShop e.K., Owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. For the purposes of these Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “as long as stocks last”, unless otherwise stated in the products. Errors remain reserved.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the button label: [add to shopping cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to complete the order process within the shopping cart via the button label: [Proceed to Checkout]
3.2. By clicking the button label: [order with obligation to pay], the customer submits a binding request 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 use the browser function “back” to return to the shopping cart or cancel the order process altogether. Necessary 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 via 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 only comes into effect when the seller sends or hands over the ordered product to the customer within 2 days, or confirms dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance can also take place through a request for payment sent by the seller to the customer and at the latest through the completion of the payment process. In the event of multiple acceptance processes, the earliest acceptance date is 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 their offer.
3.4 In the case of customers who are entrepreneurs, the aforementioned period for dispatch, handover or order confirmation is seven instead of two days.
3.5. Should the seller enable advance payment, the contract comes into effect with the provision of the bank details and payment request. If payment is not received by the seller despite being due, even after a renewed request, by a date 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for advance payments is therefore only 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 charges 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, Product Availability
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
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.
5.5 In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch; the stated delivery dates and deadlines are subject to other promises and agreements, and are not fixed dates.
5.6 The seller is not responsible to customers who are entrepreneurs 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 by 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 operation of a pre-supplier and are not the responsibility of either the pre-supplier or the seller. During the duration of this hindrance, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, they can withdraw from the contract by means of a written declaration after a reasonable period to be set by them or mutual consultation with the seller.
6. Payment Methods
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. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal, their terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default by the seller.
6.6. The customer is only entitled to a right of set-off if their counterclaims have been legally established or 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 delivered goods remain the property of the seller until full payment has been made.
The following applies in addition to customers who are entrepreneurs: The seller retains ownership of the goods until all claims 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 them. In particular, they are obliged to adequately insure these at their own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out at their own expense in good time. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires 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. For the item created by processing, the same applies as for the reserved goods. The customer also assigns the claim to secure the claims against them that arise from the connection of the reserved goods with a property against a third party. Access by third parties to the goods owned or co-owned by the seller must be reported by the customer immediately. The customer bears the costs incurred by such interventions for a third-party objection or costs for an out-of-court release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to the seller as security all claims arising from the resale or any other legal reason with regard to the reserved goods (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorization can be revoked if the customer does not properly meet their payment obligations. The seller undertakes to release the securities to which the seller is entitled at the request of the customer, as their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a realization risk by more than 50%). The selection of the securities to be released is the responsibility of the seller. With the settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is the responsibility of the seller.
8. Customer Account
8.1 The seller provides the customer with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
8.2. Choose alternative: In order to be able to place an order, customers must create a customer account. A guest order is not possible. / Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances, insofar as this is necessary (e.g. the changed e-mail address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages that arise due to incorrect information.
8.4. The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions on the protection of the rights of third parties, and in accordance with the seller’s terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software, such as bots or crawlers, is prohibited.
8.5. Insofar as customers store, specify or otherwise set 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 content of the customers as their own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement emanating from the content, in particular the risk to third parties. The measures, which take into account the criteria of necessity, appropriateness, care, objectivity and reasonableness as well as the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanation, warnings and admonishments as well as house bans.
8.6. Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to secure their data when terminating the customer account.
9. Warranty for Material Defects and Guarantee
9.1. The warranty (liability for defects) is determined by statutory provisions subject to the following regulations.
9.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers are informed about the guarantee conditions before the initiation of the ordering process.
9.3 If the customer is an entrepreneur, they must examine the goods immediately, irrespective of statutory obligations to give notice of defects, and notify the supplier of recognizable material defects immediately, but no later than within two weeks of delivery, in writing, and unrecognizable material defects immediately, but no later than within two weeks of discovery. Customary, permissible in accordance with quality standards or minor deviations in quality, weight, size, thickness, width, equipment, patterning and color are not defects.
9.4 If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods is made by the seller.
9.5 Material defects become statute-barred, irrespective of the liability regulations of these terms and conditions, for customers who are entrepreneurs, in principle one year after the transfer of risk, unless longer periods are mandatory by law, in particular in the case of special provisions for the recourse of the entrepreneur. For used goods, the warranty from customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of § 439 Para. 3 BGB in accordance with its type and intended purpose in another item or attached it to another item, the seller, subject to an express agreement and irrespective of the other warranty obligations, is not obliged within the scope of subsequent performance 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 non-defective item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered non-defective item within the scope of a recourse by the customer within the supply chain (i.e. between the customer and their customers).
10. Liability
10.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory requirements for claims.
10.2. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Saving the Contract Text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by them. With the order confirmation, but at the latest with the delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by reference to an online source.
12. Final Provisions
12.1. If the buyer is an entrepreneur, the place of performance is the seller’s registered office, subject to other agreements or mandatory legal provisions, while the place of jurisdiction is 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 registered office. The seller reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of entrepreneurs, the law of Please select: [Federal Republic of Germany / Republic of Austria] shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory legal provisions to the contrary.
12.3. The contract language is German.
12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.