General Terms and Conditions | Car Tattoos - Onlineshop for Car sticker
Car Tattoos - General Terms and Conditions
EU Dispute Resolution Platform
The European Commission provides a platform for online dispute resolution (OS).
You can find the platform at https://webgate.ec.europa.eu/odr/
§ 1 Scope & defense clause
1.1 The following general terms and conditions apply exclusively to the legal relationships between the operator of the shop (hereinafter "supplier") and its customers in the respective version at the time of the order.
1.2 Deviating general terms and conditions of the customer will be rejected.
§ 2 Formation of the Contract
2.1The presentation of the goods in the Internet shop does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
2.2 By submitting the order in the online shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
2.3 DThe provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The acceptance of the contract offer is declared by the delivery of the goods or an explicit declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the provider until they have been paid for in full.
§ 4 Maturity
The payment of the purchase price is due upon conclusion of the contract.
§ 5 Warranty
5.1 The customer's warranty rights are based on the general legal regulations, unless otherwise specified below. For claims for damages by the customer against the provider, the regulation in § 6 of these General Terms and Conditions applies.
5.2 The statute of limitations for customer warranty claims is 2 years for consumers for newly manufactured items and 1 year for used items. The statute of limitations for newly manufactured items and used items is 1 year for entrepreneurs. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, health or claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. The right of recourse against entrepreneurs according to § 478 BGB is also excluded from the shortening of the statute of limitations.
5.3 A guarantee is not given by the provider.
§ 6 Exclusion of Liability
6.1 Customer claims for damages are excluded unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
6.2 Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
6.3 Regulations of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 Assignment and pledging prohibition
The assignment or pledging of the customer's claims or rights against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.
§ 8 Offsetting
The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.
§ 9 Choice of Law & Place of Jurisdiction
9.1 The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.
9.2 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability Clause
Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.