1 Scope and Subject of Contract
1.1 Our following Terms and Conditions apply to all orders that the customer concludes with us, hereinafter referred to as the supplier, via the online store.
1.2 Customers in the sense of section 1.1 include both consumers in the sense of § 13 BGB/German Civil Code (“consumers”) and entrepreneurs in the sense of § 14 BGB/German Civil Code (“entrepreneurs”).
1.3 The following General Terms and Conditions shall apply exclusively; deviating terms and conditions of the customer shall not be accepted.
1.4 Any deviations from these terms and conditions require written agreement.
2 Conclusion of Contract
2.1 By submitting the order in the online store, the customer submits a legally binding offer to enter into a contract with respect to the products contained in the shopping cart.
2.2 The supplier shall immediately confirm receipt of the customer’s order electronically by sending an e-mail. This confirmation of receipt does not constitute an acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The supplier may accept the customer’s offer by sending an order or shipment confirmation via e-mail or by delivering the goods.
2.3 The supplier is entitled to refuse acceptance of the order – for example after checking the customer’s creditworthiness.
2.4 After conclusion of the contract, the customer has no right to change his order data.
3 Payment and Delivery
3.1 The prices stated in the online store are final prices, they include all price components including the statutory German VAT. Additional delivery and shipping costs are indicated separately for the respective product in the offer.
3.2 Only the payment methods offered during the order process can be used for payment.
3.3 The purchase price for the ordered items is due upon conclusion of the contract (except for purchase on account, if offered). The delivery times stated when placing the order are from receipt of payment. Delivery in case of prepayment will be made only after the full amount has been credited to our account.
3.4 The goods remain our property until the invoice amount has been paid in full.
3.5 The customer’s order will be executed as soon as possible. The supplier is entitled to make partial deliveries. The customer is obliged to accept deliveries of the supplier. In the event of delays in delivery, the customer is entitled to withdraw from the contract only after the expiry of a grace period to be set by him.
3.6 If the customer is in default of payment, the supplier will be released from the obligation to deliver for the duration of the default.
3.7 If a delivery of goods to the customer to the delivery address specified by the customer is not possible and the commissioned service provider returns the goods to the supplier, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer did not cause the unsuccessful delivery attempt. The customer expressly reserves the right to prove that the supplier has incurred no or only minor damage. Furthermore the statutory provisions on default of acceptance pursuant according to §§ 293 et seq. BGB (German Civil Code) shall apply.
3.8 For the purpose of processing the contract and sending the goods, the e-mail address provided in the order will be forwarded to the responsible transport company for tracking purposes.
3.9 The delivery area is limited to the Federal Republic of Germany.
4 Collaboration Duty
The customer warrants that all information provided to the supplier is accurate, truthful, complete and up to date.
5.1 The supplier shall be liable for defects in accordance with the applicable statutory provisions applicable, in particular §§ 434 et seq. BGB (German Civil Code).
5.2 The customer has to report obvious defects immediately, at the latest within two weeks after delivery, stating the defect. Failure to make an immediate complaint shall not have any consequences for the consumer with regard to the statutory rights in respect of defects.
6.1 Claims for damages by the customer, regardless on which legal basis, are excluded unless otherwise specified below. The above exclusion of liability shall also apply in favor of the legal representatives and vicarious agents of the supplier, insofar as the customer asserts claims against them.
6.2 Excluded from the liability exclusion specified in Section 7.1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place. Also excluded from the liability exclusion is the liability for damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representative or vicarious agents.
6.3 The provisions of the Product Liability Act shall remain unaffected.
7 Cancellation Right
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your cancellation right, you have to inform us (Expo Outline GmbH, Eichbaumstr. 42, 63674 Altenstadt, Germany
firstname.lastname@example.org Tel.: +49 6047-98 999 50, Fax: +49 6047-98 999 55) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to cancel this contract. You can use the enclosed sample cancellation form for this purpose, which is however not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before expiry of the cancellation period.
8 Alternative Dispute Resolution according to the Consumer Dispute Resolution Act
In accordance with the Regulation on Online Dispute Resolution (ODR) in consumer matters, you can find the European Commission’s website for ODR at https://webgate.ec.europa.eu/odr/. We would like to point out that we are not obliged to participate in dispute resolution proceedings by a consumer arbitration board.
9 Final Provisions
9.1 The contractual language is German. German law shall apply exclusively, the UN Convention on Contracts for the International Sales of Goods (CISG) is excluded. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the supplier’s place of business for all disputes arising directly or indirectly from the contractual relationship.
9.3 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions or agreements.