§ 1 Application
- These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
- These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.
- These terms and conditions of sale shall only apply vis á vis entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB (German Civil Code).
§ 2 Offer, Acceptance
- Within the shop you may choose the single products and their respective numbers, sizes and languages. By pressing „add to shopping cart“ you place the chosen item into your shopping basket. You can see the items in your basket at any time by clicking the shopping basket icon. After clicking “proceed to checkout” you have to enter the data of the purchaser. Finally, your order is binding by clicking “send order“.
- Ordering is only possible if the purchaser accepts these General Terms and Conditions of Sale by ticking the check.
- The seller acknowledges the order via automatic e-mail and confirms the order by sending the purchaser an invoice.
§ 3 Prices, Payment
- Prices are inclusive the respective statutory VAT and exclusive of costs for packaging and shipping, except as otherwise expressly agreed upon. Concrete costs of shipping and packaging will be calculated based on the specific order and are displayed before the conclusion of the contract by pressing “send order“.
- As far as no special agreements exist, the purchaser shall pay in advance. After the price including packaging, shipping and VAT is credited to the sellers account, the goods are to be shipped within 8 to 10 days. However, the seller will only ship the goods after the purchase price is credited to the sellers account.
- The purchaser may pay only by prepayment.
- At either case the price, including VAT, packaging and shipping is due and payable within 14 days from the date of the confirmation of the order. From the due date default interest on the amount of 8% above the respective base interest rate p.a. shall be applied.
§ 4 Offset, Right to Retain
The purchaser shall be entitled to offset only insofar as the purchaser’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgement. The purchaser is entitled to claim retainer rights only to the extent such rights are based on the same transaction.
§ 5 Delivery
- Delivery is conditioned upon timely and proper performance of all duties of the purchaser. Defences based on nonperformance of the contract are reserved.
- Specified delivery dates are calculated from the day the purchaser’s order is confirmed provided the price was paid in advance.
- A note in the confirmation is also required if the goods will not be available temporarily. If shipping will take longer than three weeks, the purchaser may cancel the contract.
- If the seller default on delivery for reasons for which he is responsible, or if delivery becomes impossible without the cause being intent or gross negligence, liability to pay damages shall be excluded. This shall affect any more extensive claims to which the purchaser may be entitled.
- If defaults on delivery are caused by reasons for which the seller is not responsible (e.g. force majeure or fault of third parties), the deadline shall be reasonably extended. The seller shall immediately inform the purchaser accordingly. If the causes of the delay last for longer than four weeks after the conclusion of the contract, both parties shall be entitled to withdraw from the contract.
§ 6 Warranty
- Precondition for any warranty claim of the purchaser is the purchaser’s full compliance with all requirements regarding inspection and objection established by sec. 377 HGB (German Commercial Code).
- Warranty claims shall be time-barred after 12 months of the passage of risk. In case of nonconformity of the goods the purchaser is entitled to alternative performance in the form of subsequent improvement or delivery of conforming goods. If such alternative performance has failed, the purchaser is entitled to reduce the purchase price or to withdraw from the contract.
§ 7 Liability
- In case of intent or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall be limited to the typically predictable damage.
- Our liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
- Any liability not expressly provided for above shall be disclaimed.
§ 8 Applicable law, Jurisdiction
- This contract shall be governed by the laws of the Federal Republic of Germany, excluding the Convention on Contracts for the International Sale of Goods.
- Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Berlin.