Terms and Conditions

§ 1 Scope, definitions

(1) The following general terms and conditions apply exclusively to the business relationship between the seller and the customer in the version valid at the time of the order. Differing general terms and conditions of the customer are not accepted unless the seller expressly agrees to their validity in writing.

(2) The identity of the seller can be found in the web shop before the order is placed.

(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who is acting in the exercise of his commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract

(1) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. By clicking the "Order with payment" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer confirms the "Accept general terms and conditions and cancellation policy" box by ticking the box.

(2) After submitting the application in accordance with paragraph 1, the seller will send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. 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 application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by the seller on a permanent data carrier (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection (see the information on data protection).

(3) The contract is concluded exclusively in German.

§ 3 Delivery, availability of goods

(1) Delivery times specified by the seller are calculated from the time the order confirmation is sent, provided that the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in the web shop, it is usually 3-5 working days.

(2) If no copies of the product selected by the customer are available at the time the customer places the order, the seller will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the seller will refrain from accepting the order or will indicate this in the order confirmation for the remaining orders. In this case, a contract is not concluded or not concluded to this extent.

(3) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The seller only delivers to customers who have their usual place of residence (billing address) in Germany and provide a domestic delivery address, unless delivery abroad is expressly offered in the relevant web shop.

(5) If the seller is not supplied with the goods ordered by the customer, even though the seller has placed identical orders with reliable suppliers, the seller is released from any obligation to perform and can withdraw from the contract. In this case, the seller will inform the customer immediately of the unavailability and, in the event of withdrawal, will immediately reimburse the customer for any payments already made.

§ 4 Retention of title

The delivered goods remain the property of the seller until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the seller's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.

(3) The goods are sent by post. The shipping risk is borne by the seller if the customer is a consumer.

(4) In the event of a cancellation, the customer must bear the direct costs of returning the goods. In this respect, reference is made to the cancellation policy.

§ 6 Terms of payment

(1) The customer can make payment to the seller's payment service provider, Novalnet AG, by direct debit, credit/debit card (Visa/Mastercard), Klarna Sofort-Überweisung, Pay-Pal and giropay.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the seller default interest for the year in the amount of 5 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not exclude the seller from claiming further damages for default.

(5) If the direct debit from the customer's account cannot be carried out for reasons for which the customer is responsible, the seller will invoice the customer for the costs and expenses incurred (in particular transaction fees of the banks involved).

§ 7 Warranty for material defects, guarantee

(1) The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB; for the purchase of consumer goods, §§ 474, 475 BGB also apply. For businesses, the warranty period for items delivered by the seller is 12 months.

(2) An additional guarantee only exists for the goods delivered by the seller if this was expressly stated in the order confirmation for the respective item.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations (cardinal obligations) are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the seller is only liable for the damage that is typical for the contract and foreseeable if this was caused by slight negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Final provisions

(1) Contracts between the seller and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The statutory provisions, if applicable, replace the ineffective points. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.