Terms and Conditions (GTC)
Scope & defense clause
(1) Only the following terms and conditions apply in the current version at the time of the order for the justified over the Internet shop legal relations between the shop STC45, PC operators and network service Apitz (hereinafter "Dealer") and its customers.
(2) Different terms and conditions of the customer will be rejected.
Conclusion of contract
(1) The presentation of goods on the internet shop is not a binding offer of the provider to enter into a purchase contract. The customer will only be required to submit an order through an offer.
(2) By submitting the order via the Internet shop, the customer makes a binding offer directed at the conclusion of a sale of the goods in the shopping cart. By submitting the order, the customer accepts these terms and conditions as for the legal relationship with the provider alone prevail.
(3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not yet constitutes acceptance of the offer by the seller. It is used only to inform the customer that the order is received by the provider. The declaration of acceptance of the offer made by the delivery of the goods or an explicit declaration of acceptance.
Retention of title
The delivered goods remain until full payment of the property of the provider.
The payment of the purchase price is due with contract.
(1) The warranty rights of the customer based on the general statutory provisions, unless provided otherwise stated. For damage claims of the customer to the supplier is the provision in § 6 of these Terms and Conditions.
(2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year. Compared to entrepreneurs, the limitation period for newly manufactured items and used goods 1 year. The above reduction of the limitation does not apply to damages claims by the customer due to an injury to life, limb, health, and claims for damages due to breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, for example, the provider to give the customer the item is free from material defects and deficiencies and to give the title to her. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents. Compared to entrepreneurs also excluded from the reduction of the limitation of the right of recourse is under § 478 BGB.
(3) A guarantee is not explained by the provider.
(1) Claims of the customer are excluded unless otherwise specified below. The above disclaimer applies to the legal representatives and agents of the provider, if the customer claims against these claims.
(2) are exempt from the particular point 1 Disclaimer claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, for example, the provider to give the customer the item is free from material defects and deficiencies and to give the title to her. From the disclaimer is also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents.
(3) provisions of the Product Liability Act (Liability Act) remain unaffected.
Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights is excluded without the consent of the provider, if the customer has a legitimate interest in the assignment or pledge.
A customer's right of setoff exists only if its set-off claim was legally established or are undisputed.
Choice of Law and Jurisdiction
(1) On the contractual relationship between the provider and the customer, the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Sales Convention.
(2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the supplier, provided that the customer is a merchant, a legal entity under public law or a public sector fund.
EU-Verordnung Nr. 524/2013 über die „Online-Beilegung verbraucherrechtlicher Streitigkeiten“
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected.
Source: kluge-recht.de | Works Training