Conditions of Use

Conditions of Use

1. Scope:

1.1 Our Conditions of Use (hereinafter referred to as “Conditions”) apply exclusively; we do not recognize general terms and conditions of the buyer which conflict with our Conditions unless we have expressly agreed in writing that they apply. Our Conditions also apply if we implement delivery to the buyer without reservation with knowledge of conflicting general terms and conditions of the buyer which conflict or deviate from our own Conditions.

1.2 All agreements made between us and the Customer (hereinafter “Customer” or “You”) for the purpose of the execution of this agreement must be put in writing.

 

 

2. Changes in product features and availability of the products

 

2.1 We are authorized to update, rework or terminate the products at any time. We may change the prices listed as available on our website at any time. The price listed applies for the day on which you visited our website.

2.2 All information regarding images, availability, weight, mass and other design information are only binding if expressly agreed upon. We reserve the right to modify or deviate from the composition of the products according to our discretion if and to the extent that these changes only affect the purpose of the product in question in a minor way. The Customer is solely responsible for his intended use of the ordered items.

2.3 Information on the composition of the item are strictly product descriptions unless it is expressly guaranteed. The great interest of the Customer in certain features alone is not a guaranty if the granting of an express guaranty was not requested by the buyer and not approved by us.

2.4 Although care is taken to ensure the accuracy of the information published on the website, it can contain inaccuracies, errors or incorrect prices, for which we accept no liability.

 

 

3. Offer, Establishment of the agreement

 

3.1 Our offers are without obligation. An order made by you represents a binding offer. The receipt of your order is confirmed by a receipt confirmation, which constitutes acceptance of the order.

3.2 After entry of all order data and before the order is finally placed, you will be shown a list of all items in the order and will be granted the opportunity to correct any possible errors that have been made in entering data.

3.3 We will save the text of the contract and forward it to you with the legally effective General Terms and Conditions, following the conclusion of the contract.

 

4. Delivery, delivery dates, transfer of risk

 

4.1 The products are shipped worldwide.

4.2 The shipping method, shipping route and the selection of the shipping company is at our discretion.

4.3 We are entitled to perform partial services and to invoice them if no disadvantage results for the use of the products.


5. Payment

 

5.1 All of the information and prices listed are non-binding information which may contain errors.

5.2 You are authorized to make the payment by Paypal or by bank wire. This payment must be received in advance.

5.3 Payments have to be made in EURO (€). The Customer must assume the costs of bank fees incurred through transfers within the European Union outside of the European IBAN system.
 

5.4 You are entitled to an offset if your counterclaims are determined to be legally valid or have been recognized by us.


6. Warranty, limitation of liability
 

6.1 If there is a defect in a purchase item which is our fault, the customer can request a re-filling of the order (remedy of defects or delivery of replacement parts).

6.2 If we are not willing or not able to provide a remedy to the defect / replacement parts and, in particular, if the delay extends beyond reasonable periods of time for reasons beyond our control or if the efforts to remedy the defect/supply replacement parts fail more than twice, the buyer is entitled to choose whether he wishes to withdraw from the agreement or to request a reduction of the purchase price.

6.3 We are only liable for damages claims for others or through damage life, limb and health if this damage is due to malicious intent or grossly negligent actions or through culpable violation of a major contractual violation by us or our vicarious agents. Liability for damages which goes beyond this scope is precluded. The provisions of the Product liability law (Produkthaftungsgesetz) remain unaffected.

6.4 Damages resulting from improper actions of the client or those which violate the terms of the agreement in operation and storage do not justify a claim against us. Improper usage or contractual violations are determined in particular according to the product information.

6.5 Data communication via the Internet cannot be guaranteed to be malfunction-free and/or available at all times according to the current state of the art. We are therefore not liable for a lack of availability of our online shop at any time.

 

 

7. Place of performance and jurisdiction
 

The place of performance and sole jurisdiction is Augsburg (Germany) insofar as it deals with a business person in the sense of the German Commercial Code (HGB) or a statutory corporation or if your place of residence or usual residency is at the time of the commencement of an action not in the country or is unknown.

 

 

8. Final provisions

 

8.1 If one of the clauses of these terms so be or become invalid, in full or in part, the remaining clauses remain unaffected.

8.2 All disputes resulting from this legal relationship are subject to German law with exclusion of United Nations Convention on Contracts for the International Sale of Goods.