Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Certain Customer Specifications
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of chemiekontor.de GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity.
1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic order process, the Customer makes a legally binding contractual offer regarding the goods in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, by e-mail, by post or via the online contact form.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), with receipt of the order confirmation by the Customer being decisive in this respect, or
- by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive in this respect, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day that follows the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When making an offer via the Seller's online order form, the contract text is saved by the Seller after conclusion of the contract and sent to the Customer after dispatch of their order in text form (e.g. e-mail, fax or letter). Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account with the corresponding login data.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions, as long as they do not click the button concluding the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that the e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for transferring money by credit institutions (e.g. transfer charges, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless a later due date has been agreed by the parties.
4.5 If the payment method "Sofortüberweisung" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount by "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", legitimise themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then immediately carried out by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com
4.6 If payment by invoice is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer payment by invoice only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In such a case, the Seller will inform the Customer in the payment information in the online shop about a corresponding payment restriction.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address stated in the Seller's order processing is decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the Customer to PayPal at the time of payment is decisive.
5.2 For goods delivered by a forwarding agent, delivery is made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise specified in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the costs of returning the goods, the provision in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or a person entitled to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer, even for consumers, as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery was not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to obtain the goods. If the goods are unavailable or available only in part, the Customer will be informed without delay and the consideration will be refunded without delay.
5.6 If the Seller offers goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.
6) Retention of Title
6.1 In relation to consumers, the Seller retains title to the delivered goods until full payment of the purchase price owed.
6.2 In relation to entrepreneurs, the Seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.
6.3 If the Customer acts as an entrepreneur, the following applies in addition:
In case of processing of the delivered goods, the Seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing is carried out together with other materials, the Seller acquires co-ownership in proportion to the invoice value of their goods relative to the other materials. If, in the case of combining or mixing the Seller's goods with an item of the Customer, this is to be regarded as the principal item, co-ownership of the item passes to the Seller in proportion to the invoice value of the Seller's goods to the invoice value or, if such does not exist, to the market value of the principal item. In such cases, the Customer is deemed to be the custodian.
The Customer may neither pledge nor transfer by way of security any objects subject to reservation of title or rights. The Customer is only entitled to resell the reserved goods in the ordinary course of business. All claims arising therefrom against third parties are assigned in advance by the Customer to the Seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold with or after processing. The Customer remains authorized to collect these claims even after the assignment. The Seller's power to collect the claims themselves remains unaffected. The Seller will, however, not collect the claims as long as the Customer meets their payment obligations to the Seller, does not fall into arrears, and no application for the opening of insolvency proceedings has been filed.
The Customer must inform the Seller immediately of access to the items owned or co-owned by the Seller or to the assigned claims. The Customer must immediately pay over to the Seller amounts assigned and collected by them, to the extent that the Seller's claim is due.
If the value of the Seller's security interests exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding part of the security interests at the Customer's request.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. In deviation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defect rights is one year from delivery of the goods;
- for used goods, the defect rights are excluded;
- the limitation period does not start anew if a replacement delivery is made as part of liability for defects.
7.2 The above limitations of liability and shortening of limitation periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that, according to their usual use, have been used for a building and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Additionally, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to make the notifications stipulated there, the goods are deemed approved.
7.5 If the Customer acts as a consumer, the Customer is requested to notify the deliverer of received goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual defect claims.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
- in the event of intent or gross negligence,
- in the case of intentional or negligent injury to life, limb, or health,
- on the basis of a guarantee, unless otherwise regulated for this,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies under the above paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the Customer may regularly rely on.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply regarding the Seller's liability for their vicarious agents and legal representatives.
9) Special Conditions for the Processing of Goods According to Certain Customer Specifications
9.1 If, under the contract, the Seller owes not only delivery of the goods but also processing of the goods to specific requirements of the Customer, the Customer must provide the Seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The procurement and acquisition of rights to these contents are the sole responsibility of the Customer. The Customer declares and is responsible for having the right to use the content provided to the Seller. In particular, the Customer ensures that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.
9.2 The Customer shall indemnify the Seller against claims by third parties asserted against the Seller in connection with the contractual use of the Customer's content, including bearing all necessary legal defense costs, including all court and legal fees at the statutory rate. This does not apply if the violation is not the Customer's fault. In the event of a third-party claim, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for assessment of the claims and a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only as long as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11) Place of Jurisdiction
If the Customer is a merchant, legal person under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the Seller's registered office. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes from this contract if the contract or claims under the contract can be attributed to the Customer's professional or commercial activity. However, the Seller is also entitled in the above cases to appeal to the court at the Customer's place of business.
12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Terms and Conditions with Customer Information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and Shipping Terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for the processing of goods in accordance with specific customer requirements
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of chemiekontor.de Ltd. (hereinafter “Seller”), apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.3 For the purposes of these Terms and Conditions, a “business operator” is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping basket by clicking the button that concludes the ordering process. The customer may also submit the offer to the seller by telephone, email, post or via the online contact form.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period begins on the day after the customer submits the offer and ends at the close of the fifth day following submission. If the seller does not accept the customer’s offer within this period, it shall be deemed rejected, releasing the customer from their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. by email, fax or letter) once the Customer has submitted their order. The Seller shall not make the contract text available in any other way. If the Customer has set up a user account in the Seller’s online shop prior to submitting their order, the order details shall be archived on the Seller’s website and may be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "Sofortüberweisung" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then processed by Klarna, and the customer’s bank account is debited. Further information on the payment method "Sofortüberweisung" can be found online at https://www.klarna.com
4.6 If the payment method ‘purchase on account’ is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of any such payment restriction in the payment information provided in the online shop.
5) Delivery and shipping terms
5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of order fulfillment, the delivery address specified in the seller’s order management system shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 For goods delivered by a freight forwarder, delivery is “kerbside”, i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the shipping information on the seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.4 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, only pass to the customer upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of the goods being unavailable or only partially available, the Customer shall be informed immediately and the consideration refunded without delay.
5.6 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no delivery charges will be incurred.
6) Retention of title
6.1 In dealings with consumers, the seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2 In dealings with businesses, the seller retains title to the goods delivered until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer is acting as a business, the following shall continue to apply:
In the event of the processed goods being manufactured, the Seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing is carried out together with other materials, the Seller shall acquire ownership in proportion to the invoice value of its goods relative to that of the other materials. If, in the event of the seller’s goods being combined or mixed with an item belonging to the customer, the latter is to be regarded as the principal item, co-ownership of the item shall pass to the seller in the ratio of the invoice value of the seller’s goods to the invoice value or, in the absence thereof, to the market value of the principal item. In such cases, the customer shall be deemed the custodian.
The customer may neither pledge nor transfer ownership of goods subject to retention of title or legal reservation as security. The customer is only entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller shall not collect the claims as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application has been made to open insolvency proceedings.
The customer must immediately notify the seller of any access to goods owned or co-owned by the seller or to the assigned claims. The customer must immediately transfer to the seller any amounts assigned to the seller and collected by the customer, insofar as the seller’s claim is due.
If the value of the Seller’s security interests exceeds the amount of the secured claims by more than 10%, the Seller shall, at the Customer’s request, release a corresponding portion of the security interests.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
7.1 If the customer is acting as a business,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
- In the case of second-hand goods, warranty claims are excluded;
- the limitation period does not start afresh if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortened limitation periods set out above do not apply
- for claims by the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, when used in accordance with their normal intended use in a building, have caused defects in that building,
- regarding any obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is acting as a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.
7.5 If the customer is acting as a consumer, they are requested to lodge a complaint with the carrier regarding goods delivered with obvious shipping damage and to notify the seller thereof. Failure to do so shall have no effect on their statutory or contractual warranty claims.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation on any legal grounds
- in the event of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a warranty undertaking, unless otherwise specified in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, based on its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
8.3 In all other respects, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special conditions for the processing of goods in accordance with specific customer requirements
9.1 If, under the terms of the contract, the Seller is responsible not only for the delivery of the goods but also for processing the goods in accordance with specific customer specifications, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The customer is solely responsible for procuring and acquiring rights to this content. The customer declares and accepts responsibility for ensuring that they possess the right to use the content provided to the seller. In particular, they shall ensure that no third-party rights are infringed, in particular copyright, trademark and personality rights.
9.2 The Customer shall indemnify the Seller against any claims by third parties which such third parties may assert against the Seller in connection with an infringement of their rights arising from the Seller’s contractual use of the Customer’s content. The Customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully and in full with all information necessary for the examination of the claims and for a defence.
9.3 The Seller reserves the right to decline order processing if the content provided by the customer for this purpose contravenes statutory or regulatory prohibitions or is contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
11) Place of jurisdiction
If the customer is acting as a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the above cases, however, the seller shall in any event be entitled to bring proceedings before the court at the customer’s place of business.
12) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.