1. scope of application
2. service descriptions and offers
3. ordering process and conclusion of the contract
4. prices and shipping costs
5. terms of payment
6 Warranty and guarantee
7. liability
8. contract text
9. final provisions
1. scope of application
1.1. Between [insert: DemoShop e.K., owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions (GTC) apply in the version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
1.3. Terms and conditions deviating from these GTC shall not be accepted unless the seller expressly agrees to their validity.
2. service descriptions and offers
2.1 The way in which products are displayed in the online store does not constitute a legally binding offer, but is to be understood as an invitation to place an order. Service descriptions on social media or on landing pages and product pages on the seller’s websites are without guarantee of accuracy and are not to be understood as an assurance or guarantee.
2.2 All offers are valid “while stocks last” or until full capacity is exhausted (e.g. for online courses with a limited number of participants). Unless otherwise stated in the product. Errors excepted. All information without guarantee.
3. ordering process and conclusion of the contract
3.1. The customer has the option of selecting products from the seller’s range without obligation and collecting them in the shopping cart using the ‘Buy now’ or ‘Order now’ button. On the shopping cart page, you can change the selection of the product or remove it from the shopping cart. After the shopping cart has been checked, the customer has the option of clicking on the ‘Continue to checkout’ button to go from the shopping cart page to the checkout page in order to complete the order process. In addition, the seller’s landing pages can also contain links that lead directly to the checkout. You can use the “View shopping cart” and/or “Continue shopping” buttons at any time to return to other pages of the store, edit the order or cancel it altogether.
3.2. By clicking the ‘Buy now’ button, the customer submits a binding request to purchase the goods in the shopping cart. Before the order is finally sent, the customer has the option at any time to change their order, view the products ordered and return to the shopping cart, the landing page or the store using the “back” browser function. The order process can also be completely canceled by the customer at any time. Information required for the order is marked with an asterisk (*). If the order is placed as a company based outside the seller’s base country and within the EU, a valid VAT ID must be provided by the customer. In this case, the reverse charge procedure applies and the tax burden is transferred to the buyer.
3.3. After the order has been placed, the seller sends an automatic confirmation of receipt of the order to the customer by e-mail. This e-mail contains all the details of the customer’s order and can be printed out by the customer by clicking on the “Print” function (order confirmation). This automatic confirmation of receipt merely records that the customer’s order has been received by the seller and does not constitute acceptance of the request. The valid purchase contract is only concluded when the seller has made the ordered product available within 2 days or has confirmed this by sending the invoice. A valid purchase contract is only concluded when the payment process has been successfully completed and the invoice has been sent to the customer. In the event of several acceptance processes, the earliest acceptance time shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, for example if payment fails, no contract is concluded and the customer is no longer bound by his offer.
3.4 If the customer is a company, the period for dispatch, handover or order confirmation shall be seven days instead of two.
3.5. In the case of purchase on account, the contract comes into effect with the provision of the invoice including the invoice. of the bank details and the request for payment. If the payment target is not reached within 7 working days, the seller may withdraw from the contract. The seller shall only begin with the execution of the contract as soon as the payment has been successfully received by the seller.
4. prices and delivery costs
4.1. The prices in the store, on the product pages as well as in the shopping cart, at the checkout and on all other pages of the seller are to be understood as final prices. All prices stated on the seller’s website include the applicable statutory value added tax.
4.2. For cross-border orders within the EU, the tax rates at the customer’s place of residence may be applied. If the customer orders as a company outside the seller’s base country and based in the EU, the reverse charge procedure applies. In this case, the taxes are removed at the checkout and the tax burden shifts to the buyer. Corresponding information is displayed at the checkout and on the invoice.
4.3. There are no shipping and delivery costs for the seller’s products, as the seller only offers digital products.
5. terms of payment
5.1. Various payment methods are available to the customer on the checkout page, which can be selected at the end of the order process. The customer has the opportunity to find out about all the payment methods offered in the seller’s store on a separate information page.
5.2. If payment by invoice is possible, payment must be made within 7 working days of receipt of the invoice. For all other payment methods, payment is made in advance and without deduction.
5.3. If third parties such as PayPal and/or Stripe are commissioned to process payments, their general terms and conditions apply.
5.4. If the due date of a payment is determined by a specific date in the calendar or if it is a recurring payment, the customer is already in default by missing the specified date. In this case, the customer shall pay the statutory default interest.
5.5. The customer’s statutory obligation to pay interest on arrears does not preclude the seller from claiming further damages for default.
6 Warranty and guarantee
6.1. Subject to the following provisions, the warranty (liability for defects) shall be governed by the statutory provisions.
6.2. A guarantee for the products offered by the seller only exists if this has been explicitly stated. If warranty conditions exist, the customer will be informed before the order process is initiated.
6.3 If the customer is an entrepreneur, he must inspect the product immediately and notify the seller in writing of any recognizable defects within two weeks of delivery. Deviations that are customary in the trade, permissible according to quality standards or minor deviations are not defects.
6.4 If there is a defect and the customer is an entrepreneur, the choice between rectification or subsequent delivery is made by the seller.
6.5 The limitation period for material defects is generally one year for customers who are entrepreneurs, notwithstanding the liability provisions of these GTC, unless otherwise specified.
7. liability
7.1. If claims for damages are asserted against the seller, the following exclusions and limitations of liability shall apply, notwithstanding the other statutory requirements for claims.
7.2. If the cause of the damage is based on intent or gross negligence, the seller shall be liable without limitation.
7.3. If the seller negligently violates essential obligations that are necessary to fulfill the purpose of the contract, the seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
7.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the assumption of a guarantee regarding the conditions of the product, or in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
7.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of the Seller’s employees, representatives or subcontractors.
8. contract text
8.1. The customer can print out the text of the contract and the revocation provisions before submitting the order to the seller and save them for his records by clicking on the corresponding link to the General Terms and Conditions of Business and Revocation Conditions in the last step of the order on the checkout page and printing them out using the print function of his browser.
8.2. After completing the order, the customer automatically receives an order confirmation with all important information about the order by e-mail to the e-mail address provided during the ordering process. With the order confirmation, but at the latest upon receipt of the invoice, the customer receives a copy of the GTC, the revocation instructions and a note on the terms of payment. When an order is placed, a user account is created for the customer in the seller’s store, in which the customer can view the orders placed. The seller saves the text of the contract, but does not make it accessible on the Internet.
8.3 Customers who are entrepreneurs have the right to receive contractual documents by email, in writing or via a digital source (such as an online cloud).
9. final provisions
9.1. The place of jurisdiction is the registered office of the seller. The seller reserves the right to choose another permissible place of jurisdiction.
9.2 In the case of entrepreneurs, the law of [Bundesrepublik Deutschland / Republik Österreich] shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
9.3. The agreed contractual language is German.
9.4. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9.5 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid condition shall be replaced by the statutory provision.
Status: 24.06.2023