Liability notice: The following sample has been created by a lawyer (https://drschwenke.de) according to the typical requirements of an online shop.
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 modalities
7. Reservation of title
8. Warranty and guarantee
9. Liability
10. Storage of the text of the contract
11. Final provisions
1. Scope
1.1. The business relationship between [WW Trade GmbH, Management: Arturs Popovics, Reisertstrasse 7, 53773 Hennef] (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can contact our Customer Service for questions and complaints on working days from 9:00 a.m. to 18:00 a.m. by phone [+49 2242 9696147] and by e-mail [info@ww-trade.eu].
1.3. Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not accepted, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to submit an order. Service descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee. All offers are valid “as long as stock lasts”, unless otherwise stated. In all other respects, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. Der Kunde kann aus dem Sortiment des Verkäufers Produkte unverbindlich auswählen und diese über die Schaltfläche [in den Warenkorb] in einem so genannten Warenkorb sammeln. Innerhalb des Warenkorbes kann die Produktauswahl verändert, z.B. gelöscht werden. Anschließend kann der Kunde innerhalb des Warenkorbs über die Schaltfläche [Weiter zur Kasse] zum Abschluss des Bestellvorgangs schreiten.
The customer can select products from the assortment of the seller without obligation and collect them via the button [add to cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e. g. be deleted. The customer can then proceed to the completion of the order process within the shopping cart via the [Checkout] button.
3.2. Via the button [place binding order] the customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process as a whole. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract only comes into effect if the seller has sent or handed over the ordered product to the customer within 2 days or confirmed the shipment to the customer within 2 days with a second e-mail, an explicit order confirmation or by sending the invoice.
3.4. If the seller provides an advance payment, the contract comes into effect with the provision of the bank data and request for payment. If, despite the due date, the payment has not been received up to a time of 10 calendar days after sending the order confirmation, the seller shall withdraw from the contract with the result that the order has lapsed and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and seller. A reservation of the article in advance payments 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 are inclusive of the applicable statutory value added 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 in the context of the ordering process.
5. Delivery, availability of goods
5.1. As far as advance payment is agreed, the delivery takes place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three attempts at delivery, the seller can withdraw from the contract. Possible payments shall be refunded to the customer without delay.
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 wish a comparable product to be delivered, the seller will immediately reimburse any consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (e. g. Restriction of deliveries in certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods within the scope and before the completion of the order 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 of the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e. g. Paypal, their general terms and conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer is already in default by default of the date. In this case, the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default of the seller.
6.6. The customer is entitled to set-off only if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Reservation of title
The delivered goods shall remain in 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 only if this has been expressly communicated by the seller. Customers are informed about the warranty conditions prior to the initiation of the ordering process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to the other legal requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slight negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible and on whose compliance the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slight negligent breach of obligations other than those set out in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assuming 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, at the latest however with the delivery of the goods, the customer also receives a copy of the General Terms and Conditions together with the cancellation instruction and the hints to shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
11. Final provisions
11.1. Place of jurisdiction and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. The European Commission’s online dispute resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.