Coverage and defence clause
(1) For the privity of contract founded between the shop owner (in the following called the “supplier”) and his customers through the internet shop exclusively the following terms and conditions are valid in the respective version at the time of order.
(2) Differing terms and conditions of the customer will be rejected. Those will only come into operation when explicitly confirmed in writing by the supplier.
Conclusion of contract
(1) The presentation of the goods in the internet shop does not demonstrate the supplier’s offer which binds for the completion of a sales agreement. Herein the customer is merely asked to release an offer.
(2) By sending the order in the internet shop the customer gives a binding offer which is directed towards the conclusion of a sales agreement about the goods contained in the shopping cart. At the time of sending the order the customer accepts also those terms and conditions as solely relevant for the legal relationship with the supplier.
(3) The supplier confirms the income of the customer’s order by sending a confirmation e-mail and the terms and conditions plus right of revocation. This confirmation of order does not demonstrate the acceptance of the contract-offer through the supplier yet. It merely serves as information to the customer that the order has reached the supplier. The declaration of acceptance of the contract-offer is effected through delivery of the good or an explicit declaration of acceptance.
Right of revocation for customers in terms of § 13 BGB
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
The revocation has to be directed to:
Owner: Jörg Künstler
Email: Contact formulary
Please inform us of your decision to cancel this contract by a clear statement (e.g. by mail, fax or email bzw. contact form).
Outcomes of the revocation:
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation instruction
Reconsignment in case of revocation
We shall bear the direct cost of returning the goods.
Reservation of proprietary rights
The merchandise delivered remains the property of the supplier until complete payment.
The payment of the purchase price is due with the conclusion of the contract.
(1) The client’s right of warranty comply with the general legal prescriptions, except as defined otherwise consecutively. For the client’s claim for indemnity against the supplier the rule in § 7 of these “Terms and Conditions and Right of Revocation” is valid.
(2) The limitation period for guarantee claims of the client is two years for customers for brand-new goods and 1 year for used goods. The limitation period to employers for brand-new goods is one year, for used goods 6 months. The above mentioned shortening of the statutory limitation does not apply for claims for indemnity of the client due to an injury to life, body or health as well as for claims of indemnity due to an injury of essential contractual obligations. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. The above mentioned shortening of the statutory limitation does not apply either for claims for indemnity, which are based on an intentional or grossly negligent breach of duty of the supplier, his legal representative or assistants.
(3) A guaranty is not taken over by the supplier.
(1) Client’s claims for indemnity are excluded as far as subsequently nothing else is defined. The above mentioned liability exclusion is also valid in favour of the legal representation and assistant of the supplier, in case the client puts in a claim against them.
(2) Claims of indemnity due to an injury to life, body and health as well as for claims of indemnity due to an injury of essential contractual obligations are excluded from the under number 1 determined liability exclusion. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. Likewise excluded from the liability exclusion is the liability for damages, which are based on an intentional or grossly negligent breach of duty of the supplier, his legal representative or assistants.
(3) Instructions of the product liability act (ProHaftG) remain unaffected.
Ban of assignment and pledging
The assignment or pledging of the client against claims or rights owing to the supplier is barred, unless the supplier accepts in writing. The supplier is only obliged to accept if the client proves a legitimate interest in the assignment of the pledging.
The client’s right to set-off exists only, if his claim provided for set-off has been legally ascertained or if it is indisputable.
Forum shopping and court of jurisdiction
(1) For the contractual contact between the supplier and the client the law of the Federal Republic of Germany applies. It is not possible to apply the United Nations Convent on Contracts for the International Sale of Goods.
(2) The court of jurisdiction for all conflicts from the contractual relationship between the client and the supplier is the supplier’s registered office, provided that the client is a businessman, an entity of the public law or a separate asset subject to public law.
Should one clause of the Terms and Conditions be invalid, the validity of the remaining clauses is not struck there from.