General Terms of Business

§ 1 Scope of validity and protective clause

(1) For all legal relations, which arise between the operator of this shop (subsequently “vendor”) and his or her customers the following terms of business in the form current at the time of an order being placed will be exclusively valid.
(2) Any different terms and conditions of the customers will not be accepted.

§ 2 Conclusion of contract

(1) The presentation of the goods in the internet-shop does not constitute a binding offer of the vendor to the conclusion of a sale. The customer is hereby only prompted to make an offer by way of an order.

(2) By sending an order through the internet-shop the customer submits a binding offer directed at the conclusion of a sale for the goods contained in the basket. By sending an order the customer accepts these terms and conditions as the sole basis for the legal relationship with the vendor.

(3) The vendor confirms the receipt of an order to the customer by the sending of a confirmation email. This confirmation email does not constitute an offer to enter a contract of sale by the vendor. It is only to inform the customer that the vendor has received an order. The notification that a contract of sale has been accepted by the vendor follows by the delivery of goods or a formal acceptance notification.

§ 3 Retention of title
The vendor retains the title for all goods delivered until complete payment has been received.

§ 4 Due date
Payment of the purchase price is due upon conclusion of the contract
§ 5 Guarantee
(1) The rights of the customer to guarantee will comply with the general legal regulations unless other subsequent agreements are made. Any claims to damages toward the vendor made by the customer will be covered by § 6 of these terms of business.
(2) The statute of limitations for all guarantee claims of the customers will be two years for new goods or one year for used goods for consumers. For business customers the statute of limitations is one year for all new and used goods. The aforesaid shortening of the statute of limitations does not apply in cases of injury, fatality or for claims for damages resulting from a fundamental breach of contract. Fundamental contractual obligations are such whose fulfilment is necessary for the contract to be completed, for example: the vendor must hand over the goods to the customer free of actual or legal faults and transfer ownership to the customer. The aforesaid shortening of the statute of limitations does not apply in cases arising from deliberate neglect or gross negligence by the vendor, his legal representatives or assistants. Furthermore the aforesaid shortening of the statute of limitations does not apply for business customers making claims based on the right of recourse as defined by § 478 BGB.

(3) A guaranty is not declared by the vendor.

§ 6 Disclaimer of guaranty
(1) Claims for damages by customers are not possible unless other agreements have been reached. The aforesaid disclaimer of warranty is also valid for the legal representatives and assistants of the vendor unless the customer makes claims against these.

(2) The disclaimer of guaranty outlined in paragraph (1) does not apply in cases of injury, fatality or for claims for damages resulting from a fundamental breach of contract. Fundamental contractual obligations are such whose fulfilment is necessary for the contract to be completed for example: the vendor must hand over the goods to the customer free of actual or legal faults and transfer ownership to the customer.
The disclaimer of guaranty outlined does also not apply in cases arising from deliberate neglect or gross negligence by the vendor, his legal representatives or assistants.

(3) The provisions of the ProdHaftG (product liability law) remain unaffected.

§ 7 Assignment and pledge ban
The assignment or pledge of the customer to the vendor’s claims or rights shall be excluded without the consent of the vendor, unless the customer can prove a legitimate interest in the assignment or pledge.

§ 8 Compensation
A right to compensation for the customer only exists when his/her compensation claims have been legally validated or is undisputed.
§ 9 Choice of law & Court of Jurisdiction
(1) The laws of the Federal Republic of Germany shall be binding for the contractual relations between the vendor and the customer. The statutory consumer protection laws applicable in the customer’s normal country of residence shall be excluded from this choice of law. The UN-convention on contracts for the international sale of goods is not permissible.

(2) The Court of Jurisdiction for any disputes arising from the contractual relationship between the vendor and the customer shall be the location of the vendor insofar as the customer is a trader, a legal entity under public law or a public body.
§ 10 Severability clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this agreement, the legal effectiveness of the other provisions is not affected.

Source: kluge-seminare.de