Local Outerwear Online Shop General Terms and Conditions
Kronauer & Kronauer GbR, represented by the Partner:
Dominik Kronauer and Maike Kronauer, 57 Herrenstraße, March-Hugstetten, 79232
Telephone number: +49 (0)7665-8086260
Fax number: +49 (0)321-21416363
E-mail address: firstname.lastname@example.org
The following Terms and Conditions are drawn up in German and can be downloaded and printed out by the Customer from RAM. They will be sent to the Customer along with the order confirmation email.
We are a commercial organization operating under the following domain – http://www.local-outerwear.de, which is our homepage, and we offer our customers products for purchase via the Internet on this website.
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) shall apply to all of our Online Shop contracts concluded between us and you as our Customer.
(2) Upon conclusion of the contract, valid version of Terms and Conditions applies for each case.
(3) Any deviating conditions of the Customer shall not be deemed valid. This also applies even if we do not expressly contradict them.
§ 2 Product Selection
(1) You can select and order products from the above website.
(2) Each Product has a separate Product Description on the relevant website. You will receive the printed version of this Product Description along with the ordered goods upon delivery.
(3) You can click on the desired products on the website and add them to your virtual shopping cart. Upon completion of your purchase, you will receive a list of ordered products with the total price, including VAT, plus shipping costs.
(4) Before shipping your order, we will offer you to review the order in terms of its accuracy, especially pertaining to price and quantity, and to correct it, if necessary.
§ 3 Conclusion of Contract
(1) Presentation and promotion of products in our Online Shop is not a binding offer to conclude a purchase contract.
(2) When placing an order by pressing the Online Shop “Pay for my order” button, you place a legally binding order.
(3) We will confirm receipt of your order by our Online Store immediately via e-mail. Such e-mail is not considered a binding acceptance of the order.
(4) A contract is only concluded when we accept your order via an acceptance letter, which will be sent to you as an order confirmation in a separate e-mail.
(5) If delivery of ordered goods is not possible, for example, because the relevant goods are not in stock, we shall refrain from sending you the acceptance letter. In this case, a contract is not concluded. We will inform you thereof immediately and will immediately refund you for the payment that you already submitted.
§ 4 Right of Withdrawal
(1) If you are a Consumer (i.e. a natural person who places an order for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to the right of withdrawal in accordance with statutory provisions.
(2) The provisions that apply to the Right of Withdrawal are set out in detail in the Cancellation Policy.
(3) We shall bear the costs of returning the goods within Germany.
§ 5 Prices and Shipping Costs
(1) All Online Shop prices are gross prices that include VAT and that do not include applicable shipping costs.
(2) At the time of the order, the list prices apply exactly as they were represented on the website.
(3) The shipping costs are specified in our pricing information section in the Online Store. The price, including VAT and applicable shipping costs, will also be displayed in the order form before you submit your order.
§ 6 Terms of Payment
(1) We deliver products based upon the terms of advanced payment (PayPal, bank transfer, credit card).
(2) We deliver the ordered goods based on the invoice that you will receive upon delivery of the goods. Prices indicated in the invoices are always retail prices that include VAT.
§ 7 Execution of the Contract
(1) We will process your orders within 48 hours and inform you whether the desired products are available.
(2) Insofar as the ordered products are available, we will deliver those to the shipping company within 2 business days after receipt of payment. The delivery time within Germany is 2-3 days, 5-7 days within the EU, and up to 14 days outside the EU.
§ 8 Warranty
(1) We are liable for tangible or legal defects of the delivered products according to the applicable statutory provisions, in particular to §§ 434 of the German Civil Code. The statutory limitation period for warranty claims is two years and commences with the delivery of the goods.
(2) For business organisations, the warranty is limited to one year.
§ 9 Liability
(1) We shall be liable for damages or reimbursement of expenses in all cases of contractual and non-contractual liability for gross negligence in accordance with statutory provisions.
(2) In other cases, we are liable – except as provided in paragraph 3 – only for breach of a contractual obligation, whose fulfilment is essential to the proper execution of the contract in general, and on whose compliance you, as a customer, are entitled to rely (so-called cardinal obligation), namely limited to compensation for foreseeable and typical damage. In all other cases, we shall not be held liable as provided in paragraph 3.
(3) Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions.
(4) Contributory negligence will be offset in accordance with the above.
§ 10 Force Majeure
(1) In the event that we cannot deliver the products due to force majeure (especially in the event of war or natural disasters), we shall be deemed free from our obligations for the duration of such hindrance.
(2) If we fail to complete the order or delivery of the goods for longer than one month due to force majeure, you are entitled to cancel the contract.
§ 11 Copyright
We own the copyright to all images, films and texts, which are published on our Online Shop website. Use of the images, films and texts is not permitted without our express consent.
§ 12 Applicable Law and Place of Jurisdiction
(1) The contract is governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. If you submitted an order as a consumer and at the time of your order permanently resided in another country, application of mandatory law of that country remains unaffected by the applicable law specified in Sentence 1 hereof.
(2) If you are a merchant and at the time of the order your official headquarters were registered in Germany, the exclusive jurisdiction shall be of the registered location of the seller. In addition, relevant legal regulations apply for the local and international jurisdiction.
§ 13 Concluding Provisions
Contract language is German.