General Terms and Conditions
General Terms and Conditions
VAT-free according to small business regulations §19 UStG Our General Terms and Conditions with Customer Information Table of Contents 1. Scope 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Payment Conditions 5. Delivery and Shipping Conditions 6. Retention of Title 7. Liability for Defects 8. Applicable Law 1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Franz Xaver Mayr Schlesien 1 86551 Aichach Phone 017652252818 Email [email protected] hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed. 1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. 2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer. 2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. 2.3 The seller may accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. 2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before submitting their order. 2.6 Before submitting a binding order via the seller's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding order is submitted, and can also be corrected there using the usual keyboard and mouse functions. 2.7 Only German is available for the conclusion of the contract. 2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 3) Right of withdrawal
3) Right of withdrawal Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy. 4) Prices and payment conditions 4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices which include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description. 4.2 The customer has various payment options available, which are stated in the seller's online shop. 4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract. 5) Delivery and shipping conditions 5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided by the seller during order processing is decisive. By way of derogation from this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive. 5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. 5.3 Self-collection is not possible for logistical reasons. 6) Retention of title If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects The statutory liability for defects applies. 8) Applicable law The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
