terms and conditions

I. Basic Provisions (as of 16.12.2011)
The contract is concluded with the supplier (hereafter called seller) named in the site notice.
The following terms of contract are valid for all contracts concluded between the seller and the respective buyer and are explicitly accepted with the order. A consumer in the meaning of the following terms is any natural person who concludes a legal transaction for a purpose which cannot be attributed to any commercial or freelance business activity.

II. Conclusion of the Contract
The offer of products by the seller on the internet does not represent an obligatory offer to conclude a sales contract, but rather an invitation to place an order (the buyer’s offer to buy ).
You can make your offer to buy by telephone, in writing, by fax, by e-mail or via the order system integrated in the seller’s online shop. When buying via the online shop, please note:
The goods intended for purchase are placed in the "shopping basket". By clicking the corresponding button for the "shopping basket" in the navigation bar, you can make changes at any time. After opening the page "checkout" and entering your personal data as well as the terms of payment and delivery, all order information will be displayed.
Before sending the order, you have the opportunity to check all of the details again (name, address, shipping, method of payment) to change them (also using the "go back2 function of your internet browser) or to cancel the purchase. By sending the order using the corresponding button, you are making a binding offer to the seller. You will then receive an automatic e-mail regarding the receipt of your offer, which does not yet lead to the conclusion of the contract.
The acceptance of your offer (and thus the conclusion of the contract), must in any case be a written confirmation, which confirms the processing of the order or the shipment of the merchandise.
If you do not receive an order confirmation or a notification of the delivery within 3 working days, you are no longer bound to your order. Any payments you have already made will be refunded immediately.
The language of the contract is German and English. The text of the contract (order details and general terms and conditions) is stored by the seller. The terms and conditions can also be viewed here at any time. You can view your previous orders in our customer login area.

III. Prices, Shipping Costs
The prices listed in the various offers are final prices. They include all price components and all applicable taxes.
Only in the case of cross-border shipments (e.g. for intra-community acquisitions) and/or duties (e.g. Customs duties), might you have to pay further taxes in particular cases. These are, however, not to be paid to the seller, but rather to the Customs Offices or tax authorities there.
The shipping costs are not included in the purchase price, but can be accessed on the "terms of payment and shipping" page. They will be shown separately during the order process and you must pay them additionally.

IV. Payment and Delivery Conditions
The Payment and Delivery Conditions can be accessed by using the corresponding button in the navigation bar.
As the consumer you are asked to check immediately to see if the delivery is complete, if it has any obvious defects and transport damages and to inform the seller and the forwarding agent of any complaints as quickly as possible. Your warranty claims remain unaffected by this.
Insofar as you are a consumer, the risk of accidental loss or accidental deterioration of the item sold shall transfer to you during delivery only after the merchandise has been handed over to you regardless of whether the shipment is insured or not.
If you are not a consumer, the delivery and shipment will be made at your own risk.
It is agreed that in the case of the consumer making use of the valid right of revocation for distance contracts, he must bear the regular costs of return shipment if the delivered goods correspond with the ordered goods and the price of the item to be returned does not exceed a sum of €40 or if you at a higher price at the time of the revocation have not yet rendered the trade-off or a contractually agreed upon partial payment.

V. Warranty
1. The statutory provisions apply.
2. For used merchandise, the warranty period is one year in variation of. the statutory provisions .The one-year warranty period does not apply in the event of culpable injury to life, limb or health assignable to the seller as a result of gross negligence or intent or malice of the seller as well as for redress claims according to German Civil Code (§§ 478, 479 BGB).
3. Insofar as you’re an entrepreneur the following applies by way of derogation from point 1:
a) The nature of the merchandise is deemed to be solely the information provided by the seller and the product description of the manufacturer, not however, other advertising, public promotion or statements of the producer.
b) You are required to inspect the merchandise with due care immediately for deviations in quality and quantities and advise the seller in written form within 7 days of receipt of the merchandise; punctual dispatch suffices for observance of the deadline. This also applies to hidden defects after their detection.
If the customer does not meet his or her obligation to inspect and notify of defects, the assertion of claims is excluded.
c) In the case of defects, the seller will choose to offer warranty by repair or replacement delivery.
If the remedy for the defect is unsuccessful twice, you are entitled to either cancel the contract or demand an appropriate reduction in the purchase price.
In the case of remedy, the seller does not have to bear the costs of transporting the merchandise to a different place than the place of delivery, as long as the transport does not correspond to the intended use of the merchandise.
d) The warranty period is one year from delivery of the merchandise. Article 2 point 2 applies accordingly.

VI. Retention of title
1. Until the purchase price has been paid in full, the merchandise remains the property of the seller.
2. If you are an entrepreneur, the following applies in addition:
a) The seller retains ownership of the merchandise until the complete settlement of all claims resulting from the current business relationship. Before the transfer of ownership of the reserved goods, it is not permitted to pawn or transfer ownership by way of security.
b) You may resell the merchandise in the ordinary course of business. In this case, you must cede now all claims to the total of the invoiced amount resulting from the sale to a third party to the seller who accepts them. You remain entitled to collect the claim. Should you not properly fulfil your payment obligations, however, the seller reserves the right to collect the claim himself.
c) If the reserved goods are combined or mixed, the seller acquires co-ownership of the new goods in relation to the invoiced value of the reserved goods to the other processed goods at the time of the processing.
d) The seller is obliged to release the securities to which he is entitled to you upon your request as soon as the realizable value of the seller’s securities exceeds the value of the claim to be secured by more than 10%.

VII. Limitation of Liability
1. The seller is unrestrictedly liable according to the legal regulations for all damages to life, health or body resulting from the fraudulent concealment of a defect or giving a warranty for the condition of the purchase, in all cases resulting from deliberate or gross negligence in fulfilling an obligation on the part of the seller, as well as for any damages falling under the Product Liability Act or otherwise prescribed by law.
2. In the event of being at fault for the breach of essential contract obligations, whose violation endangers the reaching of the purpose of the contract, the liability of the seller in cases of slight negligence is limited to the foreseeable losses typical of the contract.
3. In case of negligent violation of insignificant contractual obligations, liability is excluded.
4. Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. The seller therefore is not liable for the constant or uninterrupted availability of the website and the service provided there.

VIII. Place of Performance and Jurisdiction
German law applies exclusively with the exclusion of the UN Sales Convention. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country the customer normally resides in. (principle of advantage).
The place of fulfillment of all performances arising from existing business relations with the seller as well as the jurisdiction is the seller's place of business insofar as the customer is not a consumer but a merchant, a legal entity under public law or a federal special fund under public law.
The same shall apply if the customer has no general place of jurisdiction within Germany or the EU, or if the place of residence or habitual abode is unknown at the time of initiation of legal proceedings. The authority to also invoke the court of another legal jurisdiction remains unaffected hereby.