General Terms and Conditions with Customer Information
General Terms and Conditions with Customer Information
General Terms and Conditions with Customer Information
Table of Contents
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Repair Services
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Repair Services
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Othmerding Maschinenbau GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.1 These General Terms and Conditions (hereinafter "GTC") of Othmerding Maschinenbau GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. In doing so, after having placed the selected goods in the virtual shopping basket and gone through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, via the online contact form, by post, or by telephone.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When ordering via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The text of the contract will not be made accessible by the seller beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login details.
2.5 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. In doing so, after having placed the selected goods in the virtual shopping basket and gone through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, via the online contact form, by post, or by telephone.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When ordering via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The text of the contract will not be made accessible by the seller beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login details.
2.5 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.6 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3) Right of cancellation
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also incur in connection with the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance via bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "Sofortüberweisung" represents the customer's choice, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer's bank account will be charged. The customer can find more information about the payment method "Sofortüberweisung" on the internet at https://www.klarna.com/sofort/.
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also incur in connection with the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance via bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "Sofortüberweisung" represents the customer's choice, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer's bank account will be charged. The customer can find more information about the payment method "Sofortüberweisung" on the internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5) Delivery and shipping conditions
5.1 If the seller offers dispatch of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for shipping if the customer effectively exercises their right of withdrawal. For the return costs, Key provisions made in the seller's cancellation policy apply in the event of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the dispatcher, the carrier or other person or institution designated to carry out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods, even for consumers, shall pass to the customer as soon as the seller has delivered the item to the dispatcher, the carrier or other person or institution designated to carry out the dispatch, if the customer has commissioned the dispatcher, the carrier or other person or institution designated to carry out the dispatch and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
5.1 If the seller offers dispatch of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for shipping if the customer effectively exercises their right of withdrawal. For the return costs, Key provisions made in the seller's cancellation policy apply in the event of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the dispatcher, the carrier or other person or institution designated to carry out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized recipient. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods, even for consumers, shall pass to the customer as soon as the seller has delivered the item to the dispatcher, the carrier or other person or institution designated to carry out the dispatch, if the customer has commissioned the dispatcher, the carrier or other person or institution designated to carry out the dispatch and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
6) Retention of title
6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until full settlement of all claims resulting from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, the following shall also apply:
In the case of processing of the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in proportion to the invoice values of his goods to that of the other materials. If, in the case of the combining or mixing of the seller's goods with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the seller in proportion to the invoice value of the seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the customer is deemed to be the custodian.
The customer may neither pledge nor assign as security items subject to retention of title or rights. The customer is only entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance all claims arising from this against third parties to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected thereby. However, the seller will not collect the claims as long as the customer meets his payment obligations towards the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
The customer must immediately report access to the goods owned or co-owned by the seller or to the assigned claims. He must immediately transfer to the seller any amounts collected by him that have been assigned to the seller, insofar as the seller's claim is due.
Insofar as the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.
6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 With respect to entrepreneurs, the seller retains ownership of the delivered goods until full settlement of all claims resulting from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, the following shall also apply:
In the case of processing of the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in proportion to the invoice values of his goods to that of the other materials. If, in the case of the combining or mixing of the seller's goods with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the seller in proportion to the invoice value of the seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the customer is deemed to be the custodian.
The customer may neither pledge nor assign as security items subject to retention of title or rights. The customer is only entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance all claims arising from this against third parties to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected thereby. However, the seller will not collect the claims as long as the customer meets his payment obligations towards the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
The customer must immediately report access to the goods owned or co-owned by the seller or to the assigned claims. He must immediately transfer to the seller any amounts collected by him that have been assigned to the seller, insofar as the seller's claim is due.
Insofar as the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.
7) Liability for Defects (Warranty)
7) Liability for Defects (Warranty)
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects shall apply. By way of deviation, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately contractually agreed between the parties and the customer was specifically informed of the reduction in the limitation period before submitting their contractual declaration.
7.3 The limitation of liability and reduction of periods regulated above do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty of examination and notification of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure by the customer to do so has no effect whatsoever on their statutory or contractual defect claims.
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects shall apply. By way of deviation, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately contractually agreed between the parties and the customer was specifically informed of the reduction in the limitation period before submitting their contractual declaration.
7.3 The limitation of liability and reduction of periods regulated above do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty of examination and notification of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure by the customer to do so has no effect whatsoever on their statutory or contractual defect claims.
8) Liability
8) Liability
The Seller shall be liable to the Customer under all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal ground
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, any liability of the Seller shall be excluded.
8.4 The foregoing liability regulations shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
The Seller shall be liable to the Customer under all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal ground
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 In all other respects, any liability of the Seller shall be excluded.
8.4 The foregoing liability regulations shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
9) Special Conditions for Repair Services
9) Special Conditions for Repair Services
If, according to the content of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:
9.1 Repair services shall be provided at the seller's place of business.
9.2 The seller shall provide his services at his own choice in person or through qualified personnel selected by him. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the seller's service description, the customer has no claim to the selection of a specific person to perform the desired service.
9.3 The customer must provide the seller with all information required for the repair of the item, provided that obtaining such information does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances that could be the cause of the defect identified.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's place of business at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of obvious transport damage so that the customer can assert any rights he may have against the carrier.
9.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
9.6 The customer may also bring the item to be repaired to the seller's place of business himself and collect it from there again if this results from the seller's service description or if the parties have made a corresponding agreement to this effect. In this case, the aforementioned regulations regarding the bearing of costs and risk during shipping and return shipping of the item shall apply accordingly.
9.7 The aforementioned regulations do not limit the customer's statutory warranty rights in the event of the purchase of goods from the seller.
9.8 The seller is liable for defects in the repair work performed in accordance with the statutory provisions on liability for defects.
If, according to the content of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:
9.1 Repair services shall be provided at the seller's place of business.
9.2 The seller shall provide his services at his own choice in person or through qualified personnel selected by him. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the seller's service description, the customer has no claim to the selection of a specific person to perform the desired service.
9.3 The customer must provide the seller with all information required for the repair of the item, provided that obtaining such information does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances that could be the cause of the defect identified.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's place of business at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of obvious transport damage so that the customer can assert any rights he may have against the carrier.
9.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
9.6 The customer may also bring the item to be repaired to the seller's place of business himself and collect it from there again if this results from the seller's service description or if the parties have made a corresponding agreement to this effect. In this case, the aforementioned regulations regarding the bearing of costs and risk during shipping and return shipping of the item shall apply accordingly.
9.7 The aforementioned regulations do not limit the customer's statutory warranty rights in the event of the purchase of goods from the seller.
9.8 The seller is liable for defects in the repair work performed in accordance with the statutory provisions on liability for defects.
10) Redemption of promotional vouchers
10) Redemption of promotional vouchers
10.1 Vouchers issued by the seller free of charge as part of promotional activities with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the period specified.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Retroactive billing is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must correspond to at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller can hand over performance with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the incapacity, or the lack of representative authority of the respective owner.
10.1 Vouchers issued by the seller free of charge as part of promotional activities with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the period specified.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the ordering process. Retroactive billing is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must correspond to at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is transferable. The seller can hand over performance with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the incapacity, or the lack of representative authority of the respective owner.
11) Applicable Law
11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, with regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12) Place of jurisdiction
12) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any event entitled to bring an action before the court at the customer's place of business.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any event entitled to bring an action before the court at the customer's place of business.
13) Alternative Dispute Resolution
13) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
As of: 23/05/2026, 03:37:15
As of: 23/05/2026, 03:37:15
