GTC
I. Basic provisions
The following General Terms and Conditions apply to legal transactions and legal acts with Mont Gerrard UG (haftungsbeschränkt), Am Anger 12, 04838 Eilenburg (hereinafter referred to as "Seller"). Any terms and conditions of the Buyer deviating from these Terms and Conditions shall not apply. Counter-confirmations by the Buyer with reference to his own terms and conditions of business or purchase are expressly rejected. Deviations from these terms and conditions require written confirmation by the Seller.
A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
II Conclusion of contract
The contract language is German. The complete text of the contract is not stored by the seller. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by the seller, the order data, the legally required information for distance selling contracts and the General Terms and Conditions are sent to the customer again by email.
In the case of requests for quotations that are sent to the seller, for example, the customer receives all contract data as part of a binding offer by email, which the customer can print out or save electronically."
The seller's offer of goods on the Internet does not constitute a binding offer to conclude a purchase contract. Rather, it is to be understood as an invitation to submit a purchase offer.
You can submit your purchase offer in the following ways: by telephone or fax, in writing, by e-mail or via the system integrated in the seller's online store.
By sending the order, you submit a binding purchase offer to the seller. If you then receive an automatic e-mail confirming receipt of your order, this does not constitute acceptance of the offer and does not lead to the conclusion of a contract.
The contract is then concluded by a personal confirmation from the seller. This can also take the form of an implied declaration, e.g. notification that the order has been processed or dispatched.
If you do not receive a personal confirmation within 7 working days, you are no longer bound by your offer. In this case, any services already rendered will be refunded immediately.
Further information on data protection can be found here: [Privacy policy ]
III. prices, shipping costs
The prices listed in the offers are gross final prices. If the order is placed outside Germany, additional customs duties or taxes may apply, but these are not payable to the seller.
Any shipping costs incurred are expressly not included in the purchase price and will be shown separately during the ordering process. Alternatively, you can order in advance here: [Shipping conditions] can be viewed here.
IV. Terms of payment and shipping
All payment and shipping conditions can be viewed in advance here: [Shipping conditions] can be viewed here.
Invoices are due for payment immediately.
As a consumer, we kindly ask you to check the delivered goods for obvious defects as soon as possible and to report these to both the carrier and the seller. Your warranty claims are of course not affected by this.
If you are a consumer, the risk of accidental deterioration or accidental loss only passes to you upon delivery of the goods.
If you are not a consumer, delivery and shipment are at your risk.
V. Warranty and guarantee
The seller himself gives no guarantee. Manufacturer warranties remain unaffected by this declaration. The statutory liability for defects and warranty regulations apply to consumers.
For used goods, the warranty period is one year from delivery of the goods, in deviation from the statutory regulation.
The one-year warranty period does not apply to culpably caused damage attributable to the seller resulting from injury to life, limb or health and grossly negligent or intentionally caused damage or fraudulent intent on the part of the seller, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.
If you are an entrepreneur, the following shall apply by way of derogation:
Only the seller's own information and the manufacturer's product description form the basis for the contractually agreed quality.
You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify the seller in writing of obvious defects within 7 days of delivery of the goods; timely dispatch is sufficient to meet the deadline. If you fail to comply with this obligation, the assertion of warranty claims shall be deemed excluded.
VI Retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
VII Liability
The seller is only liable for gross negligence and intent. Damage caused by computer failures and transmission disturbances during e-mail dispatch or by computer viruses shall not be classified as gross negligence. The seller shall take precautions against this by using suitable anti-virus software.
Liability for slight negligence applies exclusively in the event of a breach of primary obligations. In this case, the seller's obligation to pay compensation is limited to 5,000.00 euros, unless a higher amount is agreed separately and in writing.
VIII Place of fulfillment and jurisdiction
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
If you are not a consumer, [insert desired jurisdiction] shall be the place of jurisdiction for all legal disputes.
These GTC were drawn up by http://www.christophbecker.org created.