General Terms and Conditions
1. General, customer base, language
(1) All offers, sales contracts, deliveries and services due to orders from our customers (hereinafter customers) via our online shop www.ewaherzog.com and subpages (hereinafter the "Onlineshop") are subject to these General Terms and Conditions.
(2) The product range in our online shop is aimed at consumers and entrepreneurs alike, but only at end-users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his commercial or independent professional activity (Section 13 of the Civil Code – BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal authority who acts in the exercise of his commercial or independent professional activity at the time of conclusion of the contract (Section 14(1) of the German Civil Code (BGB).
(3) The customer's terms and conditions do not apply, even if we do not object to their validity separately in individual cases.
(4) Contracts with the customer are concluded exclusively in German or English. Both versions (german/English) of these Terms and Conditions are legally binding. In the event of a substantive conflict between the German and English versions of these GtC, the German version shall apply as a matter of priority.
2. Conclusion of the contract
(1) Our offers in the online shop are non-binding.
(2) By placing an order in the online shop, the customer makes a binding offer to purchase the relevant product. We may accept the offer until the end of the third working day following the date of the offer.
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) Every customer who is a consumer is entitled to withdraw the offer in accordance with the special cancellation and return instructions, which are communicated to him in the course of the order on our website, and to return the goods.
3. Prices and payment
(1) Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless expressly agreed otherwise, we will only deliver against advance payment (in the manner indicated in the online shop on the order form, e.g. by credit card) or by cash on delivery, each against invoice.
(3) If delivery is agreed upon on account, our invoices are due for payment within 5 (five) working days after the goods have been sent and the invoice has been receipt by the customer.
(4) The customer is not entitled to set-off or retention, unless the counterclaim is undisputed or legally established.
4. Dispatch of the goods
(1) Deadlines and dates for dispatch of the goods specified by us are only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery periods specified or otherwise agreed by us at the time of ordering begin, (a) if delivery is agreed against prepayment, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment is agreed by cash on delivery or on account, on the day of the conclusion of the purchase contract.
(3) In order to comply with the shipping date, the date of delivery of the goods by us to the Vcompanies.
(4) Even if goods are labelled "in stock" on the order form, we are entitled to sell these goods at any time if:
a) an indication of the limited availability of the goods has been made on the order form, or
b) the delivery is made against advance payment and payment is not made within a period of five working days after our acceptance of the offer.
In such cases, the dispatch will only take place within the agreed or specified period of time as long as the stock lasts.
(5) If no delivery period has been specified or otherwise agreed or we are no longer obliged to comply with an agreed delivery period due to the sale permitted in accordance with paragraph 4, a shipment shall be deemed to have been agreed within three weeks from the beginning of the delivery period, which is relevant in accordance with paragraph 2.
(6) In the event that our supplier does not deliver goods indicated on the order form as "not in stock" or sold in accordance with paragraph 4 to us in due time, the delivery period applicable in each case after this clause 4 shall be extended until the delivery by our supplier is extended plus a period of three working days, but not more than a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have to reorder the goods without delay.
(7) If the goods are not available or are not available in time for one of the reasons mentioned in paragraph 6, we will notify the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately refund the customer's payments made to us. The statutory rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only claim damages in accordance with the special provisions of clause 8 of these General Terms and Conditions.
(8) We are entitled to make partial deliveries of separately usable products recorded in an order, insofar as this is reasonable for the customer, whereby we bear the additional shipping costs caused by this.
5. Shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we determine the appropriate shipping method and the carrier at our reasonable discretion.
(2) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk, if we only owe the shipment, passes to the customer upon delivery of the goods to the transport company.
(3) We will insure the goods against the usual transport risks at our expense.
6. Retention of title
(1) We reserve the title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
(1) If the delivered goods are affected by a material defect, the customer may first demand from us the rectification of the defect or delivery of defect-free goods. However, if the customer is an entrepreneur, we can choose between rectification of defects or delivery of a defect-free item; this choice can only be made by displaying it in text form (including by fax or e-mail) to the customer within three working days of receipt of the notification about the defect. We may refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs.
(2) If the subsequent performance is made in accordance with 7 (1) fails or is unreasonable for the customer or we refuse to perform subsequent performance, the customer is entitled in each case to withdraw from the purchase contract, to reduce the purchase price or to demand damages or compensation for his futile expenses in accordance with the applicable law. In addition, the special provisions of the section shall apply to the customer's claims for damages. 8 of these General Terms and Conditions.
(3) The warranty period is two years from delivery.
(4) Only to entrepreneurs the following applies: The customer must carefully inspect the goods immediately after being sent. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the event of obvious defects within five working days of delivery or (ii) otherwise within five working days after the discovery of the defect.
(1) Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including VAT) except in the case of intent or gross negligence.
(2) We are not liable (regardless of the legal reason) for damages that are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from data loss if the replacement is not possible or is made difficult due to a lack of or insufficient data backup. The above limitations of liability do not apply in the event of intent or gross negligence.
(3) The limitations of this para. 8 do not apply to our liability for those obligations which enable the proper execution of the contract and on whose compliance the customer may therefore regularly rely (so-called cardinal obligations), furthermore not for guaranteed characteristics iSv. Section 444 of the German Civil Code (BGB), for injury to life, body or health or under the Product Liability Act.
9. Data protection
(1) We may process and store the data relating to the respective sales contracts to the extent necessary for the execution and execution of the sales contract and as long as we are obliged to retain such data by law.
(2) We reserve the right to transmit personal data of the customer to credit agencies, insofar as this is necessary for the purpose of a credit check, provided that the customer hereby expressly agrees to this in individual cases. We will also not forward other personal customer data to third parties without the expressly stated consent of the customer, except insofar as we are legally obliged to hand it over.
(3) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in this clause 9.
10. Applicable law and place of jurisdiction
(1) The purchase agreement between us and the customer is subject to mandatory international private law regulations, subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect the protection of the consumer under his mandatory national law under Article 6 of the EC-REGULATION 593/2008 ('Rome I-VO').
(2) Is the customer merchant iSd. Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin have exclusive jurisdiction for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we or the customer may file a lawsuit before anyem on the basis of legal regulations.
As of Nov 8, 2017