general terms and conditions
Conditions
Terms and Conditions (GTC)
Decisive is the original German version here, read its translation here you can. The following text was translated by google translator.
§ 1
Scope & defense clause
(1) Only the following terms and conditions apply in the current version at the time of the order for the justified about this Internet shop legal relations between the operator of the shop (hereinafter "Provider") and its customers.
(2) Different Terms and Conditions of the customer will be rejected.
§ 2
Formation of Contract
(1) The presentation of the goods on the internet shop is not a binding offer of the supplier to conclude a purchase contract. The customer will only be required to submit an order through an offer.
(2) By sending the order via the Internet shop, the customer submits a binding offer directed at the conclusion of a sale of the goods contained in the basket. By sending the order the customer accepts these terms and conditions as for the legal relationship with the provider alone prevail.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not yet constitutes the acceptance of the offer by the provider. It serves only to inform the customer that the order is received by the provider. The declaration of acceptance of the offer made by the delivery of goods or an explicit declaration of acceptance.
§ 3
Retention of title
The delivered goods remain until full payment of the provider.
§ 4
Maturity
The payment of the purchase price is due upon conclusion of the contract.
§ 5
Warranty
(1) The warranty rights of the customer shall be governed by the general statutory provisions, insofar as hereinafter otherwise provided. Claims for damages by the customer against the supplier is the provision in § 6 of these Terms and Conditions.
(2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year. Compared to entrepreneurs, the limitation period for newly manufactured items and used items 1 year long. The above reduction of the limitation does not apply to damages claims by the customer due to an injury to life, limb, health, and claims for damages due to a breach of contract. Material contractual obligations are those whose performance to achieve the objective of the Treaty is necessary, for example, the provider to give customers the thing free of material and legal defects and to gain ownership of it. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. Compared to entrepreneurs also excluded from the reduction of the limitation of the right of recourse is under § 478 BGB.
(3) A guarantee is not explained by the provider.
§ 6
Disclaimer
(1) Claims for damages of the customer are excluded, as long as nothing else is determined. The above disclaimer applies to the legal representatives and agents of the provider, if the customer claims against these claims.
(2) are exempt from the specific point 1 Disclaimer Claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the Treaty is necessary, for example, the provider to give customers the thing free of material and legal defects and to gain ownership of it. From the disclaimer is also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) provisions of the Product Liability Act (Liability Act) remain unaffected.
§ 7
Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights is excluded without the consent of the provider, if the customer does not prove a legitimate interest in the assignment or pledge.
§ 8th
On Bill
A customer's right of setoff exists only if its set-off claim was legally determined or is undisputed.
§ 9
Choice of Law & Jurisdiction
(1) On the contractual relationship between the seller and the customer the law of the Federal Republic of Germany shall apply. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the CISG is excluded.
(2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, if it is the customer is a businessman, a legal entity under public law or a public law special fund.
§ 10
Salvatoric clause
If any provision of these Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected.
Quelle: kluge-recht.de | scheidung-online-direkt.de