Notice of liability: The following sample is from a lawyer (https://drschwenke.de) has been created according to the typical requirements of an online shop. However, you should only use the template after carefully checking it and adapting it to your specific business model. The following sample therefore contains additional information that you must observe and red passages that you must particularly check and, if necessary, adjust. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the pattern within the domain / website as long as your Marketpress license is valid for this. Passing on to third parties, including customers (e.g. as a developer), is not permitted.
Terms customer information
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. payment arrangements
7. Retention of Title
8. Warranty and warranty
9. Liability
10. Storage of the contract text
11. Final Provisions
1. Scope
1.1. For the business relationship between [insert: DemoShop eK, owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on working days from [9:00 AM] to [18:00 PM] on the telephone number [0221-12345] and by email at [name @ domain.de].
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites are not guaranteed or guaranteed.
All offers apply "while stocks last", unless the products state otherwise. Otherwise errors are reserved.
Note: Please enter the appropriate button labels below.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Within the shopping basket the product selection can be changed, eg deleted. Afterwards, the customer can use the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.2. Via the button [order with obligation to pay] the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is re-listed and which the customer can print out using the function "print" (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not represent acceptance of the request. The purchase contract is only concluded when the seller sends the ordered product to the customer within 2 days or dispatches it Has confirmed to the customer within 2 days with a second e-mail, express order confirmation or delivery of the invoice.
3.4. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received by 10 within one calendar day after the order has been sent, the vendor will withdraw from the contract with the result that the order is lapsed and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with prepayment payments therefore takes place longest for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, product availability
5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made are reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for the consideration already provided.
5.4. Customers are informed about delivery times and delivery restrictions (eg limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. payment arrangements
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment is possible by invoice, the payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with the payment processing, eg Paypal. Their general terms and conditions of business apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer shall only be entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
The goods delivered remain the property of the vendor until full payment has been received.
8. Warranty and warranty
8.1. The warranty is determined by law.
8.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.
9. Liability
9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller's liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print the contract text to the seller before placing the order by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all the order data to the email address provided by him. With the order confirmation, but at the latest when the goods are delivered, the customer also receives a copy of the General Terms and Conditions along with cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. We also save the contract text, but do not make it accessible on the Internet.
Note: Please note below that the link http://ec.europa.eu/consumers/odr/ must be clickable
11. Final Provisions
11.1. Place of jurisdiction and place of fulfillment is the place of business of the seller, if the customer is a merchant, legal entity of the public right or public special estate.
11.2. Contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/, We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
