General Terms and Conditions
The following terms and conditions are valid for all electronically transmitted orders.
2. Prices and payment conditions:
The prices in effect are those listed at the time the internet order is placed. The prices indicated are total, meaning they include applicable sales tax. All offers are non-binding. The prices, in case of doubt, are considered as business possessions of the distributor. International
shipping outside Germany may effect extra costs (customs duties,
customs fees, import sales tax, import-turnover tax etc.), which add up
to the price. All payments are due immediately upon the commitment to purchase, at the latest upon receipt of the bill. In the event of non-payment, the customer will be required to pay default interest at the rate of 8 %. Each party has the possibility to present proof that, in a specific case, the damages incurred are significantly higher or lower than the established lump sum. There is a 14 day grace period.
After the order has been placed, you will receive a copy of the invoice per e-mail for your personal information. The sales contract for the ordered goods will arrive separately, as a written sales confirmation (per e-mail).
Taking into account the deliverability of the items from the manufacturer, goods ordered will be delivered as quickly as possible. In the event that some of the items ordered are not in stock, we reserve the right to make partial shipments. The customer is required to accept reasonable partial shipments. Partial shipments are to be paid separately, as long as the customer has no legitimate opposing concerns. The partial shipments will not incur additional shipping or handling charges. International shipments will be calculated separately. Responsibility for the goods is transferred to the buyer upon handing over the shipment to the parcel service.The seller is allowed to cancel orders which will not be payed six weeks past order procedure.
5. Returns (Telemarketing law):
The telemarketing law applies solely to private customers. The purchase may be cancelled within 14 days after receipt of the order. Merchandise may be returned within this 14 day limit. In keeping to these terms it is sufficient to mail the merchandise, in original condition, in the original packaging, with the original invoice, within the allotted time. With merchandise that can not be returned in a postal package, it is sufficient to send notification of cancellation within the allotted time. This can be done by e-mail, mail, telephone or fax. Return shipping will be assumed by the seller. We are unable to accept shipments sent C.O.D. After the merchandise has been returned, we will reimburse any payments that have been already been made. In no circumstances will we assume the costs for messenger deliveries or any other kind of irregular shipping services which exceed the cost of regular shipping. If damaged or used products are returned, we reserve the right to make a claim for compensation. Specially altered or custom made merchandise and consumer goods are excluded from returns.
6. Title Retention:
The sold article remains the property of the seller until the buyer lives up to all requirements of the sales contract. Until this time the merchandise may not be sold, given as a present, or loaned to anybody. The seller is to be immediately notified in the event of confiscation, destruction, damage, or theft of the merchandise. The customer must then cede to the seller in the case of potential charges against an individual responsible for damage or an insurance company, in order to demand replacement due to destruction, damage, or the like. The seller assumes assignment of the claim. As soon as all requirements of this contract have been fulfilled by the seller, the responsibility falls again on the customer. During the period of the retention of title the customer is required to have all necessary maintenance or repair work professionally completed, as well as to carefully safe keep and handle the sales item in proper form.
All new merchandise is guaranteed for 6 months after it has been sold. Obvious defects must be reported within 10 work days after purchase; otherwise the seller is released from its warranty. Reported defects must always be accompanied with proof of purchase. The seller is entitled to repair or replace sold articles that exhibit defects. If this is not accomplished within a reasonable period of time, or if this is declined or unreasonably delayed, the customer can either demand a reduction in the sales price or the cancellation of the order, whichever is preferred.
8. Protection of Privacy, Schufa Clause:
Data necessary for the completion of business will be saved and likewise passed on to affiliated enterprises within the framework of completing the order. All personal data will naturally be treated confidentially.
9. Liability of the Distributor:
The liability of the distributor is limited to premeditation and gross negligence. This does not apply when the breach of obligation challenges the nature of the contract (the so-called cardinal responsibilities); in this situation the distributor is liable for lesser negligence. We do not assume liability for the accuracy of information provided by the manufacture, product descriptions and price quotations, nor for possible misprints, technical revisions or deliverability of the products offered. The limitations on liability also apply to claims of fault at the contract closure.
10. Termination of Contract:
The seller can terminate a contract if the customer has provided incorrect information in the process of completing an order, as long as this information can, by reasonable evaluation, be qualified to create doubt as to the ability of the customer to adhere to its obligation to pay. The distributor retains the right to demand payment in advance.
11. Final Provisions:
Once the contract has been completed in writing, the deed of covenant correctly and completely echoes the content of the pertinent agreement. Variations or additions to the written substance of the contract, which are met in a timely connection with the completion of the contract, require the written form in order to be effective. The place of fulfillment is the principal office or the place of business of the distributor. The area of jurisdiction for all civil suits will be Berlin, to the extent which it is admissible. Solely the utilization of German law is stipulated. If the customer is a registered merchant, the sole area of jurisdiction will be the principal office of the distributor. The same is applicable when the customer moves his residence or customary whereabouts to a foreign country, or when the customer's residence or customary whereabouts, in the course of legal proceedings, are unknown.
Supplementary provisions for holding events during the SARS-CoV-2 pandemic
The following provisions apply to access to events, attendance at events and stays at events that are subject to special conditions, regulations and/or requirements, etc. imposed by authorities or other government institutions in connection with the SARS-CoV-2 pandemic. 1.
The customer acknowledges that events may not be able to take place in the originally planned manner, in particular due to legal, regulatory and official conditions, regulations and/or requirements, etc.; in particular, the customer acknowledges that the implementation of and participation in an event may be subject to compliance with additional rules, regulations and requirements by the organizer and the customer. The customer accepts that, in order to protect the health of customers and employees, the organizer may, at its reasonable discretion, also establish reasonable rules of conduct and hygiene that go beyond the legal, regulatory or official requirements, regulations and/or measures, which it obliges customers to comply with.
2. the organizer is entitled to cancel an event or to cancel the tickets of individual customers in order to reduce the number of visitors, if this becomes necessary due to legal, regulatory or official orders or comparable measures. In case of final cancellation of the event or cancellation of the ticket purchased by the customer, the customer will be refunded the ticket price paid. Service and shipping fees explicitly stated in the purchase process, which are charged by the advance booking office/ticket platform, will not be refunded. 3.
3. the organizer may, for good cause, such as to comply with clearance areas or to implement protection and hygiene concepts, assign the customer seats that deviate from his ticket in the same or a higher category or convert standing places into seats; in these cases, the customer shall not be entitled to a refund of the ticket price or other compensation.
4. the organizer is entitled to refuse the customer access to and/or stay at an event without entitlement to a refund of the ticket price paid or other compensation and/or to expel the customer from the venue if the customer:
(a) fails to comply with any applicable statutory, regulatory and/or official requirements and conditions and/or fails to comply with any provisions of the Organizer's hygiene and protection policy; in particular, but without limitation, fails to provide appropriate proof of vaccination against or recovery from SARS-CoV-2 or negative test, fails to wear medical mouth-nose covering in the prescribed areas or fails to comply with distance requirements,
(b) is ill with SARS-CoV-2 on the day of the event or has tested positive for SARS-CoV-2 within the 14 days preceding the event, has knowingly had close contact with a person who has tested positive for SARS-CoV-2 within the 14 days preceding the event, or has symptoms typical of illness with SARS-CoV-2 (cough, fever, runny nose, a disturbance or loss of the sense of smell or taste, shortness of breath); or
(c) has been in a high-risk area (such as a high-risk area, virus variant area) or comparable area within the 14 days prior to the event and is therefore subject to legal, regulatory, or official requirements that preclude entry or stay.
5. if for an important reason, in particular on the basis of legal, regulatory or official requirements or the protection and hygiene concept of the organizer, the presentation of evidence and/or declarations of the customer is required for access to the event, the organizer is entitled in accordance with the relevant data protection provisions to make the granting of access to the event dependent on the presentation of such evidence and/or declarations and to check the evidence and/or declarations presented.
6. the organizer points out that in order to trace chains of infection, it may be obliged to record the customer's contact details and pass them on to the competent authority. Therefore, the Customer shall fully and properly provide the contact details of himself and, if applicable, of the persons accompanying him, with their consent. The organizer shall process the relevant data in accordance with the relevant provisions of data protection law (such as Art. 6 para. 1 p. 1 lit. c DSGVO in conjunction with the applicable legal regulations); this also includes forwarding the data to the competent authority.
The customer shall comply with the instructions and requirements of the organizer and the staff. The customer acknowledges that even with comprehensive protection and hygiene concepts, the risk of infection with SARS-CoV-2 in the context of attending an event cannot be completely excluded.