General Terms and Conditions with Customer Information

  1. Scope
  2. Offers and Service Descriptions
  3. Order Process and Contract Conclusion
  4. Prices and Shipping Costs
  5. Delivery, Availability of Goods
  6. Payment Terms
  7. Retention of Title
  8. Warranty and Guarantee for Defects
  9. Liability
  10. Storage of the Contract Text
  11. Final Provisions

1. Scope 1.1. These General Terms and Conditions apply exclusively to the business relationship between [Insert: DemoShop e.K., Owner: Max Muster, Demo Street 1, 12345 Demo City] (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in their version valid at the time of the order.

1.2. Our customer service can be reached for questions, complaints, and issues on weekdays from [9:00 AM] to [6:00 PM] at the phone number [0221-12345] as well as via email at [name@domain.de].

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).

1.4. Divergent terms and conditions of the customer are not recognized unless the seller expressly agrees to their applicability.

2. Offers and Service Descriptions The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee. All offers are valid “while supplies last,” unless otherwise noted with the products. Errors remain reserved.

Note: Please enter the appropriate button labels below. 3. Order Process and Contract Conclusion 3.1. The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart via the button [add to cart]. Within the shopping cart, the product selection can be changed, e.g., deleted. The customer can then proceed to checkout to complete the order process using the button [proceed to checkout].

3.2. By clicking the button [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and review the data at any time and return to the shopping cart or cancel the order process using the browser function “back.” Required fields are marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, listing the customer’s order again, which the customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract only comes into effect when the seller ships the ordered product to the customer within 2 days, delivers it, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation, or by sending the invoice.

3.4. If the seller offers prepayment, the contract comes into effect with the provision of the bank details and payment request. If payment is not received despite being due, even after a reminder, up to a point of 10 calendar days after sending the order confirmation, the seller may withdraw from the contract, rendering the order null and void, and the seller is not obligated to deliver. In this case, the order is completed without further consequences for the buyer and seller. A reservation of the item in the case of prepayment occurs 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. Shipping costs are clearly communicated to the buyer on a separate information page and during the order process.

5. Delivery, Availability of Goods 5.1. If prepayment is agreed upon, delivery occurs after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.

5.3. If the ordered product is unavailable because the seller is not supplied by its supplier without fault of its own, the seller may withdraw from the contract. In this case, the seller will promptly inform the customer and suggest a comparable product if available. If no comparable product is available or the customer does not want a delivery of a comparable product, the seller will promptly refund any payments already made.

5.4. Customers will be informed of delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment Terms 6.1. The customer can choose from the available payment methods within and before completing the order process. Customers will be informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receiving the goods and the invoice. In all other payment methods, payment must be made in advance without deduction.

6.3. If third parties are entrusted with payment processing, such as PayPal, their general terms and conditions apply.

6.4. If the payment due date is determined by the calendar, the customer will be in default simply by missing the date. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further default damages.

6.6. The customer has the right to offset only if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of Title The delivered goods remain the property of the seller until full payment.

8. Warranty and Guarantee for Defects 8.1. The warranty is determined according to legal provisions.

8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the order process.

9. Liability 9.1. For liability claims of the seller for damages, the following exclusions and limitations apply without prejudice to other statutory claim requirements.

9.2. The seller is liable without limitation as long as the cause of damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for slightly negligent breaches of essential duties whose violation jeopardizes the achievement of the contract’s purpose, or for breaches of duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of other than the obligations mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body, or health, in the case of a defect after taking over a guarantee for the condition of the product, and in the case of fraudulently concealed defects. 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 submitting the order to 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 data to the email address provided by them. With the order confirmation, and at the latest upon delivery of the goods, the customer will receive a copy of the general terms and conditions 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. In addition, we store the contract text but do not make it accessible on the internet.

Note: Please ensure that the link http://ec.europa.eu/consumers/odr/ is clickable below. 11. Final Provisions 11.1. Place of jurisdiction and performance is the seller’s seat if the customer is a merchant, 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: http://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.