General terms and conditions with customer information.

table of Contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment conditions.
5. Delivery and shipping conditions
6. Retention of TITLE
7. Liability for defects (warranty)
8. Applicable law
9. Alternative conflict resolution

1 reach

1.1 These general terms and conditions (hereinafter "GCC") of Florian Kauroff, operating under "Florian Kauroff eCommerce" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur ( hereinafter "Customer") has with the Seller regarding the products presented by the seller in its online store. The inclusion of the client's own terms and conditions is rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to either his commercial activity or his independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a company with legal capacity that, when concluding a legal transaction, acts in the exercise of its independent commercial or professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online store do not represent binding offers on the part of the seller, but rather serve to make a binding offer on the part of the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online store. After placing the selected products in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking on the button that completes the ordering process. .

2.3 The seller can accept the customer's offer within five days,

• sending the customer a written order confirmation or an order confirmation in text form (fax or email), the receipt of the order confirmation by the customer being decisive, or
• by delivering the requested merchandise to the customer, the receipt of the merchandise by the customer being decisive, or
• asking the customer to pay after placing their order.

If several of the aforementioned alternatives are presented, the contract will be concluded at the time when one of the aforementioned alternatives is presented first. The period for acceptance of the offer begins on the day following the sending of the offer by the client and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the mentioned period, it will be considered a rejection of the offer, so the customer will no longer be bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the seller saves the contract text after the contract has been concluded and sends it to the customer in text form (e.g. email, fax or letter) after send the order. . The seller will not provide the text of the contract beyond this time.

2.5 Before bindingly placing the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 The German language is used to conclude the contract.

2.7 Order processing and contact is generally carried out via email and automated order processing. The customer must ensure that the email address provided to process the order 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

3.1 Consumers generally have the right of withdrawal.

3.2 More information about 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 product description, the prices indicated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online store.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to shipping costs if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right to cancel, the return shipping costs will be subject to the provisions of the seller's cancellation policy.

5.3 If the customer acts as a businessman, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the carrier, the carrier or the person or institution otherwise designated to carry out the shipment. . If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are delivered to the customer or a person authorized to receive them. Furthermore, the risk of accidental loss and accidental deterioration of the goods sold, including for consumers, passes to the customer as soon as the seller has delivered the thing to the carrier, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer orders the freight forwarder, freight forwarder or other person or institution designated to make the shipment to carry out the shipment and the seller has not previously appointed this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or inadequate delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has entered into a specific coverage transaction with the supplier with due care. The seller will use all reasonable efforts to acquire the goods. In case of non-availability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Reservation of ownership

If the seller makes advance payments, ownership of the delivered goods is reserved until the purchase price due has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the legal provisions on liability for defects apply. Unlike the above, the following applies to contracts for the delivery of goods:

7.1 If the client acts as an entrepreneur,

• the seller has the possibility of choosing the type of complementary service;
• For new goods, the limitation period for defects is one year from the delivery of the goods;
• In the case of used goods, rights and claims for defects are excluded;
• The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reduction of deadlines regulated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in case the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with its normal use and have caused its defects,
• for any obligation of the seller to provide digital product updates, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal remedies will not be affected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and submit complaints in accordance with § 377 HGB. If the customer fails to comply with the information obligations regulated there, the merchandise will be considered approved.

7.5 If the client acts as a consumer, he must submit a claim to the delivery person about the goods delivered with obvious damage during transport and inform the seller of this. If the customer fails to comply with this, this will have no impact on their legal or contractual claims for defects.

8) Applicable Law

The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding the laws on the international purchase of movable property. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the extrajudicial resolution of disputes arising from purchase contracts or online services in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.