Terms of Service

Notice of liability: The following sample was created by a lawyer ( https ://dr Schwenke.de ) according to the typical requirements of an online shop. However, you should only use the template after carefully examining it and adapting it to your specific business model. The following sample therefore contains additional information that you must observe and red passages that you must particularly check and, if necessary, adjust. Please remove the notices after editing. If in doubt, seek legal advice. Copyright: You may use the pattern within the domain/website as long as your Marketpress license also applies to it. Passing it on to third parties, including customers (e.g. as developers) is not permitted.

General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, Availability of Goods
6. Payment Arrangements
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Storage of the text of the contract
11. Final Provisions

1. Scope
1.1. For the business relationship between [insert: DemoShop eK, owner: Max Muster Demostraße 1, 12345 Demostadt] (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. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. Entrepreneur 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.

1.3. 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. Descriptions of services in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise stated on the products. Apart from that, errors remain reserved.

Note: Please enter the appropriate button labels below.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and use the button[in den Warenkorb] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, eg deleted. The customer can then use the button within the shopping cart[Weiter zur Kasse] proceed to complete the ordering process.

3.2. About the button[zahlungspflichtig bestellen] the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, 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 represent acceptance of the application. The purchase contract is only concluded when the seller sends or hands over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice. The acceptance can also be confirmed by a payment request addressed to the customer by the seller and at the latest by the completion of the payment transaction. In the case of several acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is formed and the customer is no longer bound to his offer.

3.4 In the case of customers who are companies, the aforementioned deadline for dispatch, handover or order confirmation is seven days instead of two.

3.5. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid 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 in the case of 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 will be 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 take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by 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, propose 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. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller delivers the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment Has; the specified delivery dates and deadlines, subject to other commitments and agreements, are not fixed dates.

5.6 Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller are not the responsibility of the seller towards customers who are entrepreneurs, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs, even in cases of unforeseeable events that affect the operation of a sub-supplier and are not responsible for either the sub-supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay cannot be expected of the customer, he can withdraw from the contract by written declaration after a reasonable period of time to be set by him or after mutual consultation with the seller.

6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering 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. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.

6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.

6.5. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.

6.6. The customer only has the right to offset if his counterclaims have been legally established or 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.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item created through processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. Access by third parties to the goods owned or co-owned by the seller must be reported by the customer immediately. The customer bears the costs of such interventions for a third-party objection action or costs for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns the claims arising from the resale or any other legal reason in relation to the reserved goods (including all current account balance claims) to the seller in full as a precaution. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the event of a risk of realization by more than 50%). The seller is responsible for selecting the securities to be released. With the settlement of all of the seller’s claims from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The choice of securities to be released is incumbent upon the seller.

8. Warranty and Guarantee
8.1. The warranty (liability for defects) is determined subject to the following provisions according to statutory provisions.

8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty conditions prior to initiating the ordering process.

8.3 If the customer is an entrepreneur, he must inspect the goods without delay, notwithstanding the statutory obligation to give notice of defects, and notify the supplier in writing of any recognizable material defects immediately, at the latest within two weeks of delivery, and in writing of any non-recognizable material defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, equipment, pattern and color that are permissible according to quality standards or minor deviations are not defects.

8.4 If the customer is an entrepreneur, the choice between repair or subsequent delivery of defective goods is made by the seller.

8.5 Material defects become statute-barred, notwithstanding the liability provisions of these General Terms and Conditions, for customers who are entrepreneurs, in principle one year after the transfer of risk, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. In the case of used goods, the warranty for customers who are entrepreneurs is excluded.

8.6 If the customer, who is an entrepreneur, has the defective item within the meaning of § 439 para. 3 BGB according to their type and intended use in another thing or attached to another thing, the seller is, subject to an express agreement and without prejudice to the other warranty obligations, not obliged within the scope of supplementary performance to reimburse the customer for the necessary expenses for removing the defective and the installation or attachment of the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item in the context of a recourse by the customer within the scope of the supply chain (ie between the customer and its customers).

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other statutory entitlement requirements.

9.2. The seller is liable without limitation 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 obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, 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 specified in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of 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 text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the general terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

10.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.

11. Final Provisions
11.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another permissible place of jurisdiction remains reserved.

11.2 In the case of entrepreneurs, the law of[Bundesrepublik Deutschland / Republik Österreich] excluding the UN sales law, as long as there are no mandatory legal regulations to the contrary.

11.3. Contract language is German.

Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable
11.4. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

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