General Terms and Conditions

Liability Notice: The following template has been created by a lawyer (https://drschwenke.de) in accordance with the typical requirements of an online shop. However, you should only use the template  after careful review and adjustment to your specific business model. The following template therefore contains additional notes that you must consider and red passages that you must particularly check and possibly adjust. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the template as long as it is within the domain/website for which your Marketpress license applies. Redistribution to third parties, including customers (z.B. as developers) is not permitted. General Terms and Conditions with Customer Information 1. Scope of Application 2. Offers and Descriptions of Services 3. Ordering Process and Conclusion of Contract 4. Prices and Shipping Costs 5.Delivery, Product Availability 6. Payment Terms 7. Retention of Title 8. Warranty for Defects and Guarantee 9. Liability 10. Storage of the Contract Text 11. Final Provisions 1. Scope of Application 1.1. The business relationship between (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") is governed exclusively by the following General Terms and Conditions in their version valid at the time of the order. 1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of their commercial or independent professional activity when concluding a legal transaction. 1.3.Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity. 2. Offers and Descriptions of Services 2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. Descriptions of services in catalogs as well as on the seller's websites do not have the character of a promise or guarantee. 2.2 All offers are valid "while supplies last," unless otherwise noted for the products. Errors are reserved. Note: Please enter the relevant button labels below. 3. Ordering Process and Conclusion of Contract 3.1 The customer can select products from the seller's range non-bindingly and collect them in a so-called shopping cart using the button in the shopping cart. Within the shopping cart, the selection of products can be changed, z.B.deleted. The customer can then proceed to complete the order process using the button to finalize the order. 3.2. By clicking the button , 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 return to the shopping cart using the browser function "back" or cancel the entire order process. Required information is marked with an asterisk (*). 3.3. The seller will then send the customer an automatic confirmation of receipt via email, in which the customer's order is listed again and which the customer can print using 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 request.The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation, or sending the invoice. Acceptance can also occur through a payment request directed from the seller to the customer and at the latest through the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time 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 businesses, the aforementioned period for shipping, handover, or order confirmation is seven days instead of two. 3.5.Should the seller allow a prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment does not arrive with the seller despite being due, even after a renewed request, by a date of 10 calendar days after the dispatch of the order confirmation, the seller withdraws from the contract, resulting in the order being void and the seller having no obligation to deliver. The order is then completed for both the buyer and the seller without further consequences. Therefore, the reservation of the item for prepayments is made for a maximum of 10 calendar days. 4. Prices and Shipping Costs 4.1. All prices listed on the seller's website include the applicable statutory value-added tax. 4.2. In addition to the stated prices, the seller charges shipping costs for delivery.The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process. 5. Delivery, Product Availability 5.1. If prepayment has been agreed upon, delivery will take place after receipt of the invoice amount. 5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay. 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 may withdraw from the contract. In this case, the seller will inform the customer without delay and may suggest the delivery of a comparable product.If no comparable product is available or the customer does not wish to receive a delivery of a comparable product, the seller will promptly refund any services already rendered to the customer. 5.4. Customers will be informed about delivery times and delivery restrictions (z.B. 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 businesses, the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are, subject to other commitments and agreements, not fixed dates. 5.6 Delivery and performance delays due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller are not the responsibility of the seller towards customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or performance 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 supplier and are neither attributable to them nor to the seller. During the duration of this hindrance, the customer is also released from their contractual obligations, particularly the obligation to pay.If the delay is not reasonable for the customer, they can withdraw from the contract by written declaration after setting an appropriate deadline or after mutual consultation with the seller. 6. Payment Terms 6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed about the available payment options on a separate information page. 6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions. 6.3. If third parties are commissioned with payment processing, z.B. Paypal. their General Terms and Conditions apply. 6.4. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.In this case, the customer is required to pay the statutory default interest. 6.5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller. 6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship. 7. Retention of Title Until full payment has been made, the delivered goods remain the property of the seller. For customers who are entrepreneurs, the following additionally applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been fully settled; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him.In particular, he is obliged to insure these, if appropriate or customary in the industry, at his own expense against theft, fire, and water damage to the full replacement value. If maintenance and inspection work needs to be carried out, the buyer must perform this at his own expense in a timely manner. 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 owned by the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party.Access by third parties to goods owned or co-owned by the seller must be reported by the customer without delay. The customer shall bear any costs arising from such interventions for a third-party objection lawsuit or costs for an extrajudicial release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The claims arising from the resale or any other legal reason regarding the goods subject to retention of title (including all balance claims from current accounts) are hereby assigned by the customer to the seller in full as a security measure. The seller authorizes the customer, revocably, to collect the claims assigned to the seller for his account and in his own name. This collection authorization can be revoked if the customer does not properly fulfill his payment obligations.The seller agrees to release the securities owed to the seller at the customer's request, provided that their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the case of a realization risk, by more than 50%). The selection of the securities to be released is at the seller's discretion. Upon settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims shall transfer to the buyer. The selection of the securities to be released is at the seller's discretion. 8. Warranty for Defects and Guarantee 8.1. The warranty (liability for defects) is determined, subject to the following provisions, according to statutory regulations. 8.2. A guarantee exists for the goods supplied by the seller only if it has been expressly provided. Customers will be informed about the guarantee conditions before the order process is initiated. 8.3 If the customer is an entrepreneur, they must inspect the goods immediately, without prejudice to statutory obligations to give notice of defects, and report any recognizable material defects to the supplier in writing without delay, at the latest within two weeks after delivery, and any non-recognizable material defects immediately, at the latest within two weeks after discovery. Commercially usual, permissible deviations according to quality standards or minor deviations in quality, weight, size, thickness, width, equipment, pattern, and color are not considered defects. 8.4 If the customer is an entrepreneur, the choice between rectification or replacement of defective goods is made by the seller. 8.5 Material defects expire, without prejudice to the liability provisions of these General Terms and Conditions, for customers who are entrepreneurs, generally one year after the transfer of risk, unless longer periods are mandatorily prescribed by law, particularly in special provisions for the recourse of the entrepreneur.For used goods, the warranty for customers who are entrepreneurs is excluded. 8.6 If the customer, who is an entrepreneur, has incorporated the defective item into another item or attached it to another item in accordance with § 439 Abs. 3 BGB, the seller, subject to an explicit agreement and without prejudice to the other warranty obligations, is not obliged to reimburse the customer for the necessary expenses for removing the defective item and for the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and for the installation or attachment of the repaired or delivered defect-free item in the context of a recourse by the customer within the supply chain (d.h. between the customer and their customers). 9.Liability 9.1. The seller's liability for damages is subject to the following exclusions and limitations, without prejudice to other statutory requirements for claims. 9.2. The seller is fully liable if the cause of the damage is based on intent or gross negligence. 9.3. Furthermore, the seller is liable for the slight negligent breach of essential duties, the violation of which endangers the achievement of the contractual purpose, or for the violation of duties whose fulfillment enables the proper execution of the contract and on which the customer regularly relies. In this case, however, the seller is only liable for foreseeable, typical contractual damages. The seller is not liable for slight negligent breaches of other duties than those mentioned in the preceding sentences. 9.4.The above liability limitations do not apply in cases of injury to life, body, and health, for a defect after the assumption of a guarantee for the quality of the product, and in cases of fraudulently concealed defects. The liability under the Product Liability Act remains unaffected. 9.5. To the extent that 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 the contract text before placing the order with the seller by using the print function of their browser in the last step of the order. 10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by them.With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions (AGB) along with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet. 10.3 Customers who are entrepreneurs can receive the contractual documents via email, in writing, or by reference to an online source. 11. Final Provisions 11.1.If the buyer is an entrepreneur, the place of fulfillment, unless otherwise agreed or mandatory legal provisions dictate otherwise, is the seller's registered office, while the jurisdiction is at 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 does not have a general jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible jurisdiction. 11.2 In the case of entrepreneurs, the law of applies, excluding the UN Sales Convention, as long as there are no mandatory legal provisions to the contrary. 11.3 The language of the contract is German. Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable 11.4 Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/.We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.