General terms of delivery for sales
1. General, clientele, language
(1) All offers, purchase contracts, deliveries and services based on orders of our customers (hereinafter referred to as Customers) via our online shops www ... , , , , , Business Locations / Branches and Mail Order are subject to these Terms and Conditions.
(2) The product range is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose which can be attributed neither to their commercial nor their independent professional activity (§ 13 of the Civil Code - BGB) and (ii) is an "entrepreneur" a natural or legal person or a legal partnership that acts on conclusion of the contract in the exercise of their commercial or independent professional activity (§? 14 Abs.?1 BGB).
(3) Terms and conditions of the customer do not apply, even if we do not separately object to their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German.
2. Conclusion of contract
(1) Our offers in the online shops, business premises / branches in (place, address) and mail order are not binding.
(2) By placing an order, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.
(3) We will send to the customer immediately upon receipt of the offer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (via e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer, is entitled to revoke the offer in accordance with the special cancellation and return policy, which is communicated to him in the context of the order on our websites, online ordering / online shops, and to return the goods.
3. Prices and payment
(1) Our prices include VAT, but not shipping. Customs duties and similar charges have to be borne by the customer.
(2) Unless otherwise expressly agreed, we deliver only against payment in advance or by cash on delivery, each against invoice. At the request of the customer, which is to be indicated in the order form, we deliver the goods also against cash payment in our business premises in (place, address).
(3) If delivery on account has been agreed, our invoices are due immediately upon receipt of the goods and receipt of the invoice by the customer.
(4) The customer is not entitled to any right of set-off or retention, unless the counterclaim is undisputed or has been established as final and absolute.
4. Shipment of the goods
(1) Deadlines and dates specified by us for the shipment of the goods are always approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery periods specified by us when ordering or otherwise agreed to begin, (a) if delivery is agreed in advance, on the day of receipt of the full purchase price (including sales tax and shipping costs) or (b) if cash on delivery or on account is agreed on the day of the conclusion of the purchase contract.
(3) For the observance of the dispatch date only the day of the transfer of the commodity by us to the shipping company is decisive.
(4) Even if goods on the order form as "in stock" is excellent, we are entitled to the sale of this product at any time, if
a) an indication on the limited availability of the goods has been made on the order form or
b) the delivery is made in advance and the payment is not received within a period of eight working days after our acceptance of the offer. As receipt the credit note is valid on our account.
In these cases, shipping within the agreed or specified by us deadline, as long as stocks last.
(5) If no delivery period is specified or otherwise agreed or if we are no longer obligated to observe an agreed delivery period because of the sale permitted under paragraph 4, a shipment is deemed to have been agreed within three weeks from the time relevant according to paragraph 1.
(6) In the event that our supplier does not deliver to us goods that are indicated on the order form as "out of stock" or sold out pursuant to paragraph 4, the relevant delivery period shall be extended to the date specified in this clause 4 Delivery by our supplier plus a Ze