Terms and Conditions

General Terms and Conditions with Customer Information (8.06.2020)

Table of contents

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Georg Rieger GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2  A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent 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 submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, or mail.

2.3 The Seller may accept the Customer’s offer within five days,

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4  If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5  When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6  Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting 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 usual keyboard and mouse functions until they click the button that completes the order process.

2.7  German and English are available for the conclusion of the contract.

2.8  Order processing and contact are generally carried out 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, when 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.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective 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 through 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 money transfers 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.

5) Delivery and shipping conditions

5.1  Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address provided in the online order form is decisive. Exception: 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  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 shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3  If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4  The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5  For self-collection, the seller will first notify the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can pick up the goods at the seller's location after consultation with the seller. In this case, no shipping costs will be charged.

6) Retention of title

6.1  The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

6.2  The seller reserves ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3  If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance, in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies. The following applies:

7.1 If the customer acts as an entrepreneur,

7.2  If the customer is a consumer, the following applies to used goods, subject to the following restriction: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.

7.3  The limitations of liability and shortening of deadlines set out in the preceding paragraphs do not apply

7.4  Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims under Section 445b of the German Civil Code (BGB) remain unaffected.

7.5  If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.6  If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

8.2  If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.

8.3  Otherwise, the seller’s liability is excluded.

8.4  The above liability provisions also apply with regard to the seller’s liability for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1  If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, 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 the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible in particular for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

9.3  The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or is morally unconstitutional. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Special conditions for repair services

If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:

10.1  Repair services are provided at the seller’s headquarters.

10.2  The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

10.3  The customer must provide the seller with all information necessary for the repair of the item, unless the provision of such information falls within the seller's scope of duties under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the defect.

10.4  Unless otherwise agreed, the customer must ship the item to be repaired to the seller's headquarters at their own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The seller will immediately inform the customer of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

10.5  The return of the item is at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

10.6 The customer may also transport the item to be repaired to the seller's premises and pick it up again from the seller if this is stipulated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the assumption of costs and risks for shipping and return of the item shall apply accordingly.

10.7  The above provisions do not limit the customer’s statutory rights in the event of a purchase of goods from the seller.

10.8 The seller is liable for defects in the repair work provided in accordance with the statutory liability for defects.

11) Redemption of promotional vouchers

11.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3  Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

11.4  Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

11.5  Only one promotional voucher can be redeemed per order.

11.6  The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

11.7  If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.8  The balance of a promotional voucher will not be paid out in cash or bear interest.

11.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

11.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder.

12) Applicable law

12.1  All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12.2  Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

13) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is based outside the Federal Republic of Germany, the seller's registered office 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 activity. In the above cases, however, the seller is entitled in any case to bring proceedings before the court at the customer's registered office.

14) Code of Conduct

- The seller has submitted to the terms and conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

15) Alternative dispute resolution

15.1  The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

15.2  The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

Table of Contents

1) Scope of Application

1.1 These General Terms and Conditions of the company Georg Rieger GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2  These Terms and Conditions regarding contracts for the supply of goods presented by the Seller in its print catalog apply accordingly, unless expressly otherwise agreed upon.

1.3  For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.4  A consumer pursuant to these Terms and Conditions is any natural person including a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1  The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit aa binding offer.

2.2  The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone, fax, e-mail or via online contact form.

2.3 In the case of ordered goods displayed shown in the Seller's print catalog, the Client may submit his offer by telephone, fax, e-mail or postal .. For this purpose, the Client may fill in the order form enclosed with the Seller's print catalog and send it back to the Seller.

2.4 The Seller may accept the Client's offer within five days,

The contract shall be concluded at the time when one of the aforementioned alternatives first occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.

2.5  When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (eg e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller's online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7  The German and the English language are exclusively available for the conclusion of the contract.

2.8  Order processing and contacting usually take place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1  Consumers are entitled to the right to cancel.

3.2  Detailed information about the right to cancel is provided in the Seller's instruction on cancellation.

3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1  Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller's online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutions (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union.

4.4 If the payment method “purchase on account” 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 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction.

4.5  If the payment method "PayPal invoice" is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the transmitted Client data. The Seller reserves the right to refuse the Client the payment method "PayPal invoice" in case of a negative credit check. If the payment method "PayPal Invoice" is accepted by PayPal, the Client must pay the invoice amount to PayPal within 30 days from receipt of the goods, unless PayPal specifies a different payment term. In this case, he can only make payments with debt-relieving effect to PayPal. However, in the event of assignment of claims, the Seller shall remain responsible for general customer inquiries, eg regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credit notes. In addition, the General Terms and Conditions of Use for the use of the payment method “purchase” on account with PayPal shall apply; these conditions can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.6  When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) Sa rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Shipment and Delivery Conditions

5.1  Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

5.2  Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

5.4  The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

5.5  Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case, shipment costs will not be charged.

6) Reservation of Proprietary Rights

If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.

6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall be herewith assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.

7) Warranty

Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:

7.1  For traders,

7.2 If the client acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3  The aforementioned limitations of liability and the restrictions of limitation periods do not apply

7.4  Furthermore, for traders the statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (BGB) remain unaffected.

7.5  If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6  If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

8.1 The Seller shall face unlimited liability regardless of the legal ground

- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product liability law.
.

8.2  If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

8.3  For the rest, the seller's liability is excluded.

8.4 The aforementioned provisions on liability apply also to the Seller's liability regarding his legal representatives and vicarious agents.

9) Special conditions for repair services

If the seller is responsible for the repair of a customer's item under the terms of the contract, the following shall apply:

9.1 Repair services shall be provided at the seller's registered office.

9.2 The seller shall render his services at his discretion either in his own person or by qualified personnel selected by him. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.

9.3 The customer must provide the seller with all information necessary for the repair of the item unless its procurement does fall within the seller's scope of duties according to the contents of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.

9.4  Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends the customer to conclude a transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will immediately inform the customer of obvious transport damage so that the customer can assert any rights he may have against the transport company.

9.5 The return of the goods shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller will conclude transport insurance for the goods.

9.6  The customer can also transfer the item to be repaired at the seller's place of business and collect it again from the seller if this results from the seller's service description or if the parties have made a corresponding agreement in this respect. In this case, the above provisions regarding the bearing of costs and risks shall apply accordingly when the goods are dispatched and returned.

9.7  The aforementioned regulations do not limit the statutory rights of the customer in the event of the purchase of goods from the seller.

9.8 The seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.

10) Special Conditions for the Processing of Goods According to Client's Specifications

10.1 If, according to the content of the contract, the Seller is responsible for the delivery of the goods and also the processing of the goods in accordance with the Client's specifications, the Client must provide the Seller with all content needed for processing such texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant him the rights of use required for this purpose. The Client is solely responsible for the procurement and acquisition of rights to this content. The Client declares and accepts responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed (in particular, copyrights, trademarks, and personal rights).

10.2  The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller's contractual use of the Client's content. The Client shall also bear the reasonable costs of the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.

11) Redemption of Campaign Vouchers

11.1  Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as "campaign vouchers”) can be redeemed online in the Seller's online shop and only within the indicated time period.

11.2  Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

11.3  Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

11.4 Only one campaign voucher can be redeemed per order.

11.5  The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.

11.6  If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

11.7  The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

11.8 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

11.9  The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

12) Applicable Law

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

12.2  Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a Member State of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.

13) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client's place of business is located.

14) Code of Conduct

15) Alternative Dispute Resolution

15.1  The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

15.2  The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.