General Terms and Conditions

Disclaimer: The following model has been prepared by a lawyer (https://drschwenke.de) according to the typical requirements of an online shop. However, you should only use the pattern after careful consideration and adaptation to your specific business model. The following pattern therefore contains additional notes that you must observe and red passages that you need to check and adjust if necessary. Please remove the instructions after processing. If in doubt, seek legal advice. Copyright: You may use the sample within the domain/website as long as your Marketpress license also applies to it. Disclosure to third parties, even to customers (e.g. as a developer) is not permitted.

General Terms and Conditions with Customer Information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment arrangements
7. Retention of title
8. Warranty and warranty for defects in the material
9. Liability
10. Storage of the text of the contract
11. Final provisions

1. Scope
1.1. For the business relationship between [Insert: DemoShop e.K., owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter “Seller”) and the customer (hereinafter “Customer”) the following General Terms and Conditions apply exclusively in their version valid at the time of ordering.

1.2. You can contact our customer service for questions, complaints and complaints on weekdays from [9:00 UHR] up to the telephone number and by [18:00 UHR] [0221-12345] e-mail at [name @ domain.de] .

1.3. For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code).

1.4. Deviating terms and conditions of the customer are not accepted, unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or warranty.
All offers are valid “as long as the stock lasts” if nothing else is mentioned in the products. For the rest, errors are reserved.

Note: Please enter the appropriate button labels below.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them via the button [in den Warenkorb] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the button to complete the ordering process within the shopping [Weiter zur Kasse] cart.

3.2. Via the [zahlungspflichtig bestellen] button, the customer submits a binding request for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has dispatched the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.

3.4. Should the seller allow a prepayment, the contract with the provision of the bank details and payment request is concluded. If the payment has not been received by the seller until 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a longer than 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 stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and in the context of the ordering process.

5. Delivery, availability of goods
5.1. As far as advance payment has been agreed, the delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his 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 the customer does not request delivery of a comparable product, the seller will immediately refund the customer for any consideration already provided.

5.4. Customers will be informed of delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment arrangements
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers will be informed of 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 payment methods, payment must be made in advance without deduction.

6.3. If third parties are assigned to process payments, e.g. Paypal. their general terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer must pay the statutory interest on late payment.

6.5. The customer’s obligation to pay interest on late payment does not preclude the Seller from claiming further damages for delay.

6.6. The customer is only entitled to set-off if his counterclaims have been legally established or recognised by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty and warranty for defects in the material
8.1. The warranty is determined in accordance with legal regulations.

8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly delivered. Customers will be informed of the warranty conditions prior to the initiation of the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions of claim.

9.2. The Seller shall be liable without limitation if 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 enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after taking over a guarantee for the quality of the product and in the case of 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 also applies 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 contract text before placing the order to the seller by using the printing function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest at the time of delivery of the goods, the customer also receives a copy of the GTC along with revocation instructions and the instructions on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

Note: Please note below that the link must be clickable http://ec.europa.eu/consumers/odr/
11. Final provisions
11.1. The place of jurisdiction and place of 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. Contract language is german.

11.3. European Commission Platform on Online Dispute Resolution (Os) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute resolution procedure before a consumer arbitration board.