General Terms and Conditions

Disclaimer: The following sample has been prepared by a lawyer (https://drschwenke.de) according to the typical requirements of an online shop. However, you should only use the sample after careful examination and adaptation to your specific business model. The following sample therefore contains additional information which you must take into account and red passages which you must examine and adapt if necessary. Please remove the notes after processing. In case of doubt, seek legal advice. Copyright: You may use the sample within the domain/website as long as your Marketpress license also applies to it. Passing on to third parties, also to customers (e.g. as developers) is not permitted.

General terms and conditions with customer information

1. scope of application
2. offers and descriptions of services
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 for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions

1. scope of application
1.1 The business relationship between [Insert: DemoShop e.K., owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter “Seller”) and the customer (hereinafter “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 contact our customer service for questions, complaints and objections on weekdays from [9:00 a.m.] to [6:00 p.m.] at the telephone number [0221-12345] and by e-mail at [name @ domain.de].

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB).

1.4 Divergent conditions of the customer are not recognized, unless, the salesman agrees their validity expressly.

2. offers and descriptions of services
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted in the products. Errors excepted for the rest.

Note: Please enter the appropriate button labels below.
3. order process and conclusion of contract
3.1 The Customer may select products from the Seller’s range without obligation and collect them in a so-called shopping basket via the button [in the shopping basket]. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can step within the shopping basket over the button [Continue to checkout] to the conclusion of the order process.

3.2 The customer submits a binding request to purchase the goods in the shopping basket via the button [order subject to payment]. Before submitting the order, the customer can change and view the data at any time and return to the shopping basket using the “back” browser function or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 The Seller shall then send 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 acknowledgement of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller has dispatched 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 If the seller allows prepayment, the contract is concluded with the provision of bank details and payment request. If the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent despite the due date, even after renewed request, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 10 calendar days.

4. prices and shipping costs
4.1 All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.

4.2 In addition to the prices quoted, the Seller shall charge shipping costs for the delivery. The shipping costs shall 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 advance payment has been agreed, delivery shall take place after receipt of the invoice amount.

5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may 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 his supplier through no fault of his own, the seller can 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 to receive a comparable product, the Seller shall immediately reimburse the Customer for any consideration already paid.

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

6. payment modalities
6.1 The customer may choose from the available payment methods within the framework of and before completion of the order process. Customers shall be informed of the means of payment available 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 invoice. For all other payment methods, 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 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 has to pay the legal default interest.

6.5 The Customer’s obligation to pay default interest does not exclude the assertion of further default damages by the Seller.

6.6 The customer shall only be entitled to offset if his counterclaims have been legally established or acknowledged 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
The delivered goods remain the property of the seller until full payment has been made.

8. warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.

8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before the ordering process is initiated.

9. liability
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory conditions for claims.

9.2 The Seller shall have unlimited liability 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 duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfilment of which is essential for the proper performance of the contract 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 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 foregoing limitations of liability shall not apply in the event of death, personal injury or damage to health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. storage of the contract text
10.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

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

Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable.
11. final provisions
11.1 The place of jurisdiction and performance shall be the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2 The language of the contract shall be German.

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

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