General Terms and Conditions with Customer Information
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty of quality and guarantee
10. storage of the contract text
11. place of jurisdiction, applicable law, contract language
1. scope of application
1.1 The business relationship between inszenio GmbH, Management: Dr. Claudia Borowy, Bergseestraße 18, 76547 Sinzheim (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our helpdesk for questions, complaints and objections on weekdays from 10:00 am to 6:00 pm by e-mail at firstname.lastname@example.org.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity. 2.
2 Offers and descriptions of services
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the Seller’s websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. Errors and omissions excepted.
3 Order process and conclusion of contract
3.1 The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then complete the order process by clicking on the “Proceed to checkout” button in the shopping basket. 3.2.
3.2 By clicking on the button “order with obligation to pay”, the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends 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 (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4 Should the Seller allow payment in advance, the contract shall be concluded with the provision of the bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall have no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.
4 Prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the prices stated, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and as part of the ordering process.
5 Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods should fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries).
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
6.5 The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. retention of title
The goods delivered shall remain the property of the seller until payment has been made in full.
8 Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.2 The goods delivered by the seller shall only be covered by a guarantee if this has been expressly given. Customers will be informed of the terms of the guarantee before the order process is initiated.
9.1 The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the text of the contract
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.2 The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. final provisions
11.1 The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The contract language is German.
11.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Disclaimer and licence: The above sample GTCs have been prepared by a lawyer http://rechtsanwalt-schwenke.de.