General Terms and Conditions (GTC)
§ 1 Scope, Definitions
(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Provider (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer") in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) By clicking the button "order with obligation to pay", the customer submits a binding application for the creation of the services. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation 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. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the service, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery
(1) Delivery times stated by us are calculated from the time of our order confirmation, prior payment of the purchase price provided. If no or no deviating delivery time is specified for the respective goods in our online store, it is usually 2 to 4 weeks Germany-wide.
(2) The services of the provider are based on the data provided by the customer. The customer assures to have provided the information to the best of his knowledge and belief.
(3) The Provider shall provide the performance to the Customer solely as a pdf file by means of simple email. The dispatch in paper form is supplementary.
§ 4 Prices
(1) All prices stated on the website of the Provider are exclusive of the applicable statutory value-added tax.
§ 5 Payment modalities
(1) The customer can make payment by invoice.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(3) The Customer's obligation to pay default interest does not preclude the Provider from asserting further damages caused by default.
§ 6 Warranty for material defects, guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty period for services supplied by the provider is 12 months.
(2) An additional warranty exists for the services delivered by the provider only if this was expressly stated in the order confirmation.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the service.
§ 8 Final provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.