General Terms and Conditions (GTC)

1. Scope of application

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor can their independent professional activity be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with Christian Bitzer.

By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation via e-mail.

3. contract language, contract text storage

The language available for the conclusion of the contract is English.

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the terms and conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the Internet.

4. terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.

5. payment

In our shop, the following payment methods are available to you:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. You will receive further instructions during the ordering process.
The payment transaction will be carried out automatically by PayPal immediately afterwards.
PayPal: There is an additional charge of 0 percent of the purchase price.

Pay on account
You will receive the invoice with the goods. If you choose the payment method "Invoice", the invoice amount is to be transferred to the bank account specified there within 14 days of receipt of the invoice.

6. right of withdrawal

Consumers are entitled to the legal right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. reservation of ownership

The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.

8. transport damages

If goods with obvious transport damages are delivered, please complain about such errors as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

9. warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malicious intent
• in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed on
• as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in the event of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed on,
• as far as the scope of application of the product liability law is opened.

In the event of a breach of substantial contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.

11. online dispute resolution
Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/
We are prepared to participate in out-of-court arbitration proceedings before a consumer arbitration board (from 01.01.2020: the Universalschlichtungsstelle des Zentrum für Schlichtung e.V., Strasburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de).

AGB kostenlos erstellt mit Trusted Shops Rechtstexter in Kooperation mit Wilde Beuger Solmecke Rechtsanwälte.