Business Terms
1. Scope
(1) Only the following terms and conditions shall apply to the legal relations between the manager of the online shop (hereinafter "Provider") and his customers in the current version at the time the order from the online shop is made.
(2) Any and all different terms and conditions of the customer will be rejected.
2. Conclusion of Contract
(1) The presentation of the goods on the online shop does not constitute a binding offer by the Provider to conclude a purchase contract. The customer will only be required to make an offer by means of an order.
(2) By making the order via the online shop, the customer makes a binding offer aimed at concluding a sale of the goods in the shopping cart. By sending the order the customer accepts these terms and conditions as governing the legal relationship with the Provider.
(3) The Provider shall acknowledge receipt of the customer's order by sending a confirmation e-mail. This confirmation does not constitute acceptance of the contract offer by the Provider. It serves only to inform the customer that the Provider has received the order. The declaration of acceptance of the offer is made by the delivery of goods or an explicit declaration of acceptance.
3. Retention of property
The delivered goods remain property of the Provider until full payment is made by the customer.
4. Due date
Payment of the purchase price is due upon concluding contract.
5. Warranty
(1) The warranty rights of the customer shall be governed by general law as long as no other decision has been made. Claims for damages by the customer against the Provider are provided for under § 6 of these Terms and Conditions.
(2) The statute of limitation for warranty claims by natural persons is 2 years for new items and 1 year for used items. The statute of limitation for claims by companies is 1 year for newly manufactured items and used items. The above reduction of the limitation does not apply to damage claims by the customer due to an injury to life, limb, health, and claims for damages due to a breach of material contract obligations. Material contract obligations are those, whose performance is necessary to achieve the objective of the contract, where for example the Provider must give the customer the item without material and legal defects and transfer to him the full right to ownership of it. The above reduction of the statute of limitation does not apply to claims for damages based on intentional or grossly negligent breach of duty of the Provider, his legal representatives or agents. Notwithstanding the reduction of the statute of limitation, companies are subject to the right of recourse under § 478 of the Civil Code of Germany.
(3) The Provider makes no declaration of a guarantee.
6. Disclaimer/Exclusion of liability
(1) Claims for damages of the customer are excluded as long as nothing else has been determined. The above disclaimer applies to the legal representatives and agents of the Provider, if the customer contends these claims.
(2) Claims for damages due to injury to life, limb, health, and claims for damages ensuing from breach of material contract obligations are excluded from the disclaimer as per item 1. Material contractual obligations are those, whose performance is necessary to achieve the objective of the contract, for example the Provider must give the customer the item without material and legal defects and the right to own it. Liability for damage caused by an intentional or grossly negligent breach of duty of the Provider, his legal representatives or agents is also excluded from the disclaimer.
(3) Provisions of the Product Liability Act remain unaffected.
7. Assignment and pledging ban
The assignment or pledge of the customer to the Provider of claims or rights is excluded without the consent of the Provider unless the customer proves a legitimate interest in the assignment or pledge.
8. Offset
An offset right of the customer exists only if the claim thereof has been legally established or is undisputed.
9. Cancelling the contract
Right to cancellation
You have the right to cancel this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the date you or a third party of your choice who is not the supplier receive/s the goods.
To exercise this right, please inform us (Vaclav Jelinek, 40882 Ratingen, tel.: 02102 168 90 78, email: info@shopmanagement.net) by means of a clear statement (ex. sent by post, fax or e -mail) of your decision to cancel this contract. You can use the attached cancellation form, but this is not mandatory.
To meet the deadline for cancellation, it is sufficient that you send your statement concerning the right to cancellation prior to it.
Effects of cancellation
If you cancel this contract, we will reimburse all payments we have received from you, including the costs of delivery (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest standard delivery) at the latest within fourteen days from the date, on which we have received notification of your cancellation of this contract. For repayment, we will use the same method of payment that you used in the original transaction unless we have explicitly agreed otherwise; you will not be charged for this repayment. We may withhold reimbursement until we have received the returned goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You have to return the goods immediately, in any event no later than fourteen days from the date, on which you have informed us of your decision to cancel this contract or returned the goods. The deadline is considered to be met if you send the goods back within fourteen days. You bear the direct cost of returning the goods. You need to cover diminished value of the goods where value has been lost due to handling that was not warranted to establish the nature, characteristics and functions of the goods.
10. Choice of Law & Jurisdiction
(1) The contractual relationship between the Provider and the customer shall be governed by the law of the Federal Republic of Germany. The legal consumer protection provisions of the country, where the customer resides are excluded from this choice of law. Enforcement of the UN Sales Law is also excluded.
(2) The jurisdiction for all disputes arising from the contractual relationship between the customer and the Provider shall be the seat of the Provider as long as the customer is a merchant, a legal entity under public law or a public sector fund.
11. Severability
Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions will not be affected.