Terms and Conditions
I. Basic Provisions
For legal transactions and legal actions with Christian Grabe, Kerzendorf 34, 06889 Wittenberg (hereinafter referred to as "Seller"), the following General Terms and Conditions apply. Any terms and conditions of the buyer that deviate from these conditions shall not apply. Counter-confirmations of the buyer with reference to their own terms and conditions are expressly contradicted. Deviations from this require the written confirmation by the Seller.
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor their independent professional activity.
II. Conclusion of Contract
The contract original language is German. The complete contract text is not stored by the Seller. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by the Seller, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to the customer again by email.
In the case of inquiry requests, which are transmitted to the Seller, the customer receives all contract data as part of a binding offer by email, which the customer can print out or electronically save.
The product range of the Seller on the Internet does not constitute a binding offer to conclude a purchase contract. Rather, it is to be understood as an invitation to submit an offer.
You can submit your offer to purchase in the following ways: by telephone or fax, in writing, by email, or via the integrated system in the Seller's online shop.
By sending the order, you submit a binding offer to the Seller. If you subsequently receive an automatic email confirming receipt of your order, this is not an acceptance of the offer and does not lead to the conclusion of the contract.
The contract is concluded by a personal confirmation from the Seller. This can also be done in an implicit statement, e.g. in the notification of the processing or dispatch of the order.
If you do not receive a personal confirmation within 7 working days, you are no longer bound by your offer. Any services already rendered will be refunded immediately in this case.
Further information on data protection can be found here: [Insert Link to Data Protection Statement].
III. Prices, Shipping Costs
The prices listed in the offers are gross final prices. If the order is placed outside of Germany, additional duties or taxes may apply, but these are not to be paid to the Seller.
Any applicable shipping costs are expressly not included in the purchase price and will be shown separately during the ordering process. Alternatively, they can be viewed in advance here: [Link to Payment & Shipping Conditions page].
IV. Payment and Shipping Conditions
All payment and shipping conditions can be viewed in advance here: [Link to Payment & Shipping Conditions page].
Invoices are due for immediate payment.
As a consumer, we kindly ask you to check the delivered goods for obvious defects as soon as possible and to inform both the carrier and the Seller. Your warranty claims are not affected by this.
If you are a consumer, the risk of accidental deterioration or loss only passes to you upon delivery of the goods.
If you are not a consumer, delivery and dispatch are at your own risk.
V. Warranty and Guarantee
The Seller does not provide any guarantee. Manufacturer warranties remain unaffected by this statement. For consumers, the statutory liability for defects and warranty provisions apply.
For used items, the warranty period is one year from the date of delivery, deviating from the legal regulation. The one-year warranty period does not apply to damages attributable to the Seller that have been culpably caused by a breach of life, body, or health, and for damages caused by gross negligence or intent of the Seller, as well as for recourse claims according to §§ 478, 479 of the German Civil Code (BGB).
VI. Retention of Title
The goods remain the property of the Seller until the full purchase price has been paid.
The Seller is only liable for gross negligence and intent. Damages caused by computer failures and transmission disruptions in email communication or by computer viruses are not to be considered as gross negligence. The Seller takes appropriate measures against this with suitable anti-virus software. Liability for slight negligence applies exclusively in the event of a breach of essential contractual obligations. In this case, the Seller's liability for damages is limited to €5,000.00, unless a higher amount has been expressly agreed upon in writing.
VIII. Place of Performance and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
If you are not a consumer, Wittenberg is the place of jurisdiction for all legal disputes.
These terms and conditions were created by Lawyer Christoph Becker.