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Terms of Service

Notice of liability: The following sample was created by a lawyer (https://dr Schwenke.de) according to the typical requirements of an online shop. However, you should only use the template after carefully examining it and adapting it to your specific business model. The following sample therefore contains additional information that you must observe and red passages that you must particularly check and, if necessary, adjust. Please remove the notices after editing. If in doubt, seek legal advice. Copyright: You may use the pattern within the domain/website as long as your Marketpress license also applies to it. Passing it on to third parties, including customers (e.g. as developers) is not permitted.

General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, Availability of Goods
6. Payment Arrangements
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Storage of the text of the contract
11. Final Provisions

1. Scope
1.1. For the business relationship between [insert: DemoShop e.K., owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. on the telephone number [0221-12345] or by e-mail at [name @ domain.de].

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last” unless otherwise noted on the products. Apart from that, errors remain reserved.

Note: Please enter the appropriate button labels below.
3. Ordering process and conclusion of contract

3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process.

3.2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Order with obligation to pay] button. Before sending the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, hand it over or the shipment arrives confirmed to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

3.4. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.

4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.

5. Delivery, Availability of Goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.

6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.

6.5. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.

6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty and Guarantee
8.1. The warranty is determined by legal regulations.

8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty conditions prior to initiating the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, notwithstanding the other statutory requirements for claims.

9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but no later than upon delivery of the goods, the customer also receives a copy of the general terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable
11. Final Provisions
11.1. Place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. Contract language is German.

11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.