Notice of liability and license
The following standard terms and conditions have been drawn up by a lawyer (https://www.rechtsanwalt-schwenke.de). They meet the legal requirements of a typical online shop aimed at consumers.
The sample is protected by copyright and its use is only permitted within the framework of the German Market license within the shop. I.e. the sample terms and conditions may e.g. not be used on other websites.
General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment arrangements
7. Retention of title
8. Warranty for defects and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language
1. Scope
1.1 For the business relationship between Bauelemente Martin Heinrich, Managing Director: Martin Heinrich, Mermooserstraße 9, 84552 Geratskirchen (hereinafter "Seller") and the customer (hereinafter "Customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and complaints on weekdays Monday to Friday: from 8:00 a.m. to 5:00 p.m. on the phone number: +49 (0) 87 28 - 695 or by e-mail at: info@bauelemente-martin-heinrich.de.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's website are not guaranteed or guaranteed.
2.2 All offers are valid "while stocks last", unless something else is noted for the products. Otherwise errors are reserved.
3. Order process and conclusion of contract
3.1 The customer can select products from the assortment of the seller without obligation and collect them in a so-called shopping cart using the button (in the shopping cart). The product selection can be changed within the shopping cart, e.g. to be deleted. The customer can then proceed to the completion of the ordering process within the shopping cart using the (Continue to checkout) button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart using the button (order with payment). Before submitting the order, the customer can change and view the data at any time as well as go back to the shopping cart using the browser function “Back” or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends 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 (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or delivers the ordered product to the customer within 2 to 3 weeks Shipping to the customer within 2 to 3 weeks with a second email, express order confirmation or sending the invoice.
3.4 If the seller allows prepayment, the contract comes into effect with the provision of the bank details and payment request. If, despite the due date, the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the seller's website include the applicable statutory sales tax.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the seller is not supplying this product to his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment arrangements
6.1 The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
6.3 If third parties are commissioned with the payment processing, e.g. PayPal's general terms and conditions apply.
6.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.
6.6 The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for defects and guarantee
8.1 The guarantee is determined according to legal regulations.
8.2 The goods delivered by the seller are only guaranteed if they have been expressly given. Customers will be informed of the guarantee conditions before initiating the order process.
9. Liability
9.1 For liability of the seller for damages, the following exclusions and limitations of liability apply without prejudice to the other legal requirements.
9.2 The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer trusts regularly. In this case, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
9.4 The above limitations of liability do not apply to injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as 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 seller also sends the customer an order confirmation with all the order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the General Terms and Conditions along with cancellation policy and information on shipping costs and delivery and payment conditions. If you should have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
11. Final provisions
11.1 Place of jurisdiction and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contract language is German.
11.3 Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
