§ 1 Basic Terms (Stand 27.01.2010)

The contract is concluded with the provider specified in the imprint (hereinafter referred to as seller).

The following terms and conditions apply to all concluded contracts between the seller and the respective buyer and are expressly recognized with the order. A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for a purpose that can not be attributed to their commercial or self-employed occupational activity.

§ 2 Conclusion of the contract

The seller offers the production of goods according to the buyer's specification; the details result from the respective description on the website.

Upon request, the seller will create an individual offer that will be sent to you in text form and to which the seller will be bound for 7 days. You accept the offer with confirmation in text form.

Contract language is exclusively German. The text of the contract (order data and terms and conditions) is stored by the seller. However, the storage is only temporary or not accessible to you, so please make sure for a printout or a separate storage.

§ 3 execution of the contract

The buyer receives a draft from the seller, which must be checked immediately by the buyer for obvious errors.
Review of the proofs, drawings or samples by the buyer releases the seller from responsibility for unobjected errors.

§ 4 prices, shipping costs

The prices quoted in the respective offers represent final prices. They include all price components including all applicable taxes.

Only in the case of cross-border delivery can you pay additional taxes (eg in the case of an intra-Community acquisition) and / or duties (eg customs duties) in individual cases, but not to the seller, but to the relevant customs or tax authorities.

Any applicable shipping costs are shown in the respective offers.

§ 5 payment and shipping conditions

You have the following payment options:

- Prepayment by bank transfer,

- Payment by PayPal,

The seller reserves the right to exclude certain payment methods in individual cases.

Invoices submitted by the seller are due for payment immediately.

As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to report complaints to the seller and the carrier as soon as possible. Your warranty claims remain unaffected.

As far as you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment until you transfer the goods to you, regardless of whether the shipment is insured or uninsured.

If you are not a consumer, delivery and shipping take place at your own risk.

§ 6 Warranty

1.

The legal regulations apply.

2.

For used goods the warranty period deviates from the legal regulation one year from delivery of the goods.

The one-year warranty period does not apply to culpably attributable damages attributable to the seller from injury to life, limb or health and gross negligence or intentional damage or malice of the seller, as well as recourse claims under §§ 478, 479 BGB.

3.

As far as you are an entrepreneur, notwithstanding para. 1:

a)

The quality of the goods is only the seller's own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.

b)

You are obliged to inspect the goods promptly and with due diligence on quality and quantity deviations and obvious defects within 7 days from receipt of the goods to the seller in writing, to meet the deadline, the timely dispatch. This also applies to later discovered hidden defects from discovery.

In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.

c)

In the event of defects, the seller shall, at his discretion, warrant repair or replacement.

If the defect elimination fails twice, you can demand a reduction or withdraw from the contract at your option.

In the case of repair, the seller does not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.

d)

The warranty period is one year from date of delivery. Number 2 sentence 2 applies accordingly.

§ 7 right of withdrawal for consumers

A right of withdrawal does not exist if the ordered goods were made according to customer specifications.
With finished goods 14 days without indication of reasons, as far as the commodity was not obstructed or has signs of use.

§ 8 Retention of title

1.

The goods remain the property of the seller until full payment of the purchase price.

2.

If you are an entrepreneur, the following applies:

a)

The seller retains ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b)

You can resell the goods in the ordinary course of business.

In this case, you hereby assign all claims in the amount of the invoice amount, which accrue to you from the resale, to the seller accepting the assignment.

They are further authorized to collect the claim. If you fail to meet your payment obligations properly, the seller reserves the right to collect the claim itself.

c)

In the case of combination and mixing of the reserved goods, the seller acquires co-ownership of the new object in proportion of the invoice value of the reserved goods to the other processed objects at the time of processing.

d)

The seller undertakes to release the securities to which he is entitled on request to the extent that the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

§ 9 Limitation of Liability

(1) The provider is fully liable for damage resulting from injury to life, limb or health, insofar as he fraudulently concealed a defect or has assumed a guarantee for the quality of the object of purchase, in all cases of willful intent and gross negligence, in the event of damage the Product Liability Act or if otherwise required by law. 

(2) If essential obligations from the contract are affected, the violation of which jeopardizes the achievement of the purpose of the contract, the liability of the provider in the event of slight negligence is limited to the foreseeable damage typical for the contract.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded. 

(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. The provider is not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 10 Place of Performance, Jurisdiction

German law applies, excluding UN sales law. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

The place of performance for all services from the existing business relationship with the customer as well as the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.

The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.

§ 11 instructions for battery disposal

In connection with the distribution of batteries with the supply of devices containing batteries, the seller is obliged to inform the buyer of the following:
You are legally obliged to return used batteries as end users. You can return used batteries, which the seller has as new batteries in the assortment or led, gratuitously at the shipping warehouse (shipping address) of the seller. The symbols shown on the batteries have the following meaning:

The symbols shown on the batteries have the following meaning:

The crossed-out wheelie bin means that the battery must not be disposed of with household waste.

Near the wheelie bin symbol is the chemical name of the pollutant.

“Cd” means that the battery contains more than 0.002 mass percent cadmium.

“Pb” means that the battery contains more than 0,004 mass percent lead.

“Hg” means that the battery contains more than 0,0005 percent by mass of mercury.

The European Commission provides a platform for online dispute resolution (OS). The platform can be found at https://ec.europa.eu/consumers/odr/.