General Terms and Conditions and Consumer Information
Applicable is the cancellation policy in its currently valid version. Please just follow this link.
§ 7 Right of Retention, Retention of Title
(1) Retention can only be exercised by the customer, if the claim concerns the same contract.
(2) The goods remain the property of supplier until all outstanding payments are settled.
(3) For entrepreneurs, the following shall be additionally applied:
a) The delivered goods shall remain the property of supplier until the payments of all the claims in accordance with the current agreement are settled. Any pledge or security inquiry made before transition of ownership of the retained goods is not valid.
b) The customer may resell the goods in the ordinary course of business. In this case, she/he now assigns all claims to the amount of invoice, accruing to him from the resale, from accepting the assignment to the supplier. The customer is now empowered to collect further payments. Insofar she/he fails to properly meet the payment obligations; the supplier reserves the right to collects the claims on her/his own.
c) If reserved goods are combined or mixed with other goods that are not the property of the supplier then she/he shall be entitled to co-ownership of the new item according to the proportion of the invoice value of the reserved goods to that of the other processed goods.
d) The provider is obliged to release the securities he is entitled on request of the customer if the value of existing securities exceeds the debt to be secured by more than 10 %. Only supplier may decide which securities are due to release.
§ 8 Warranty
(1) It is regulated by the norms of law.
(2) As a consumer, the customer is asked to inspect the goods immediately upon delivery for completeness, check for obvious defects and damage during transportation and notify the supplier and the shipper about them as soon as possible. If the customer fails to meet these requirements, this does not affect the statutory warranty claims.
(3) For entrepreneurs, despite Par. 1, should the following be applied:
a) In respect of the goods, it should refer to the information provided by the supplier and the manufacturer's product description as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity and obvious defects within 7 days from receipt of the goods and inform the supplier about them in writing until the deadline. This also applies to hidden defects discovered later. In case of violations during investigation and notification procedure, the assertion of warranty claims is excluded.
c) In case of defects the supplier shall provide the customer with either repair or replacement, depending on her/his own choice. If the repair fails twice, the customer can demand either a reduction or withdraw from the contract. In case of repair, the supplier is not obliged to cover high expenses connected with the shipment of goods to the other place, until it does not comply with the intended use of the product.
d) The warranty period is one year starting from the delivery of the goods. The shortened period of warranty does not apply to damages culpably attributable to the supplier arising from any injury to life, body or health, or damages caused intentionally or with gross negligence, or malice of the supplier, or rights of recourse in accordance with Â§Â§ 478, 479 of the German Civil Code (BGB).
§ 9 Liability
(1) The provider is liable without any limitation for damages arising from any violation of life, limb or health, to the extent that it fraudulently concealed a defect, it has assumed a warranty for the condition of the purchased item, in all cases of intentional acts or gross negligence, upon damages under product liability law or to the extent otherwise legally mandated.
(2) To the extent that any material obligation arising from the agreement is concerned, the liability of the provider is limited to ordinary negligence and foreseeable damages that are typical for contracts. Material contractual obligations are essential obligations arising from the nature of the contract, and their violation can threaten the fulfillment of the aim of the contract, or performance of the supplier?s obligations specified in the contract and leading to the fulfillment of its aim, and enabling proper execution of the contract, that is expected by the customer.
(3) Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
(4) Under the current circumstances, it cannot be ensured that data communication through the Internet is not error-free or available at any time. In this respect, the provider is not liable for either the consistent or uninterrupted availability of the website and the service offered therein.
§ 10 Applicable Law, Place of Performance, Jurisdiction
(1) The law of the federal republic of Germany has validity with exclusion of the un sales law and exclusion of the conflict of laws. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (benefit-of-the-doubt principle).
(2) Place of performance for all services and exclusive place of jurisdiction for all and any disputes arising from the contract relationship shall be the registered office of the supplier, as long as the customer is not a private consumer, but a commercial trader, a body corporate organised under public law, or public governmental assets. The same shall apply in case the customer does not have a general place of jurisdiction in Germany or the EU, or where the customer's domicile or usual abode at the time of commencement of a suit is unknown. The capacity to appeal to another court of jurisdiction remains thereby unaffected.