Disclaimer: The following sample Conditions have been created by a lawyer ( http://rechtsanwalt-schwenke.de ). They comply with the legal requirements of a typical, addressed to consumers online shops. However, you should use the pattern only after careful consideration and adaptation to your specific business model. The clauses may be permitted in certain circumstances. Get legal advice if in doubt.
Processing Notice: Please note the information in the square brackets, and complement, where necessary, by his own information.
Terms customer information
(The following terms also include legal information on your rights under the provisions on distance contracts and e-commerce.)
. 2 Offers and service descriptions
. 3 Order process and contract
. 4 Prices and shipping costs
. 5 Delivery, availability of goods
. 6 Payment arrangements
. 7 Retention of title
. 8 Warranty for defects and warranty
. 9 Liability
10th Storage of contract
12th Jurisdiction, Applicable Law, Contract Language
1.1. The business relationship between [add: Demoshop eK, owner: John Smith Demo Straße 1, 12345 Demo city] (hereinafter “Seller”) and the customer (hereinafter “Customer”) subject to the following terms and conditions valid at the time of the order.
1.2. You can contact our customer service for questions and complaints on weekdays from [9:00 PM] to [18:00 H] on the phone number [0221-12345] and by e-mail at [name @ domain.de].
1.3. Within these terms is any natural person who enters into a transaction for a purpose that can be attributed mostly neither commercial nor its independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless the seller agrees to them explicitly.
2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order is. Service descriptions in catalogs and on the websites of the seller do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.
3. order process and contract
3.1. The customer can choose from the range of the seller Select binding and collect them on the [add to cart] in a so-called basket. Then the customer can [Proceed to checkout] below within the shopping cart by clicking the button at the end of the ordering process.
3.2. Click the [Buy] the customer makes a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time and see. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail to, in which the customer’s order is listed again and the customer can print via the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by Seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller the ordered product will ship in 2 days to the customer, passing or sending to has customers confirmed within 2 days with a second e-mail express order confirmation or sending the invoice.
3.4. Should the seller provide advance payment, the contract is the provision of banking information and payment. If the payment is not received in spite of maturity even after a second notice to a time of 10 calendar days after sending the order confirmation with the seller, the seller cancels the contract back with the result that the order has lapsed and the seller no delivery obligation applies. The order is then done for the buyer and seller with no other consequences. Therefore, a reservation of the article in advance payments are for a maximum of 10 calendar days.
4. Price and shipping
4.1. All prices that are listed on the merchant’s website, are inclusive of applicable taxes.
4.2. In addition to the prices charged to the seller for delivery shipping. The shipping costs are communicated to the buyer clearly on a separate information page and in the order process.
5. Delivery, product availability
5.1. Unless payment is agreed, delivery is made after receipt of the invoice.
5.2. Should not all ordered products be in stock, the seller is entitled to partial deliveries at its own expense, as far as is reasonable for the customer.
5.3. Should the delivery of the goods due to the fault of the buyer fail after three Auslieferversuchs, the seller can withdraw from the contract. If necessary, Payments will be refunded to the customer immediately.
5.4. If the ordered product is not available, because the seller with this product is not supplied by its supplier, without any fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and may propose to supply a comparable product. If no comparable product is available or if the customer does not wish to supply a comparable product, the seller will possibly already reimbursed to the customer immediately monies paid.
5.5. Customers will be informed of delivery times and delivery restrictions (eg limiting supplies to certain countries) on a separate information page or within the product description.
6. Payment arrangements
6.1. The customer may under and before completing the ordering process choose from the available payment methods. Customers will be notified of the available cash on a separate information page.
6.2. Is the payment by invoice, payment must be made within 30 days of receipt of the goods and the invoice. For all other forms of payment, prepayment shall be made without deduction.
6.3. Will third-party responsible for payment processing, including Paypal. apply the Terms.
6.4. If the due date of payment determined by the calendar, so the customer is already through observance of the event in default. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest includes the assertion of further damage caused by delay by the seller is not enough.
6.6. A right to offset the customer only if his counterclaims are legally established or recognized by the seller. The customer can only exercise a lien, if the claims from the same contractual relationship.
7. Retention of title
Until full payment the goods remain property of the seller delivered.
8. Warranty for defects and warranty
8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee is when the goods supplied by the seller only if it has been expressly stated. Customers will be informed of the guarantee terms before the initiation of the ordering process.
9.1. For the seller’s liability for damages without prejudice to other statutory entitlement requirements are the following exclusions or limitations.
9.2. The seller is fully liable if the damage is caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which endangers the purpose of the contract, or for the violation of obligations, the fulfillment of which renders a correct execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
10. Storage of contract
10.1. The customer can print the agreement text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11. Data Protection
11.1. The seller shall process personal data of the customer for appropriate purposes and according to statutory provisions.
11.2. The for the purpose of ordering goods specified personal information (such as name, email address, address, payment data) are used by the seller for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. The customer has the right to information free of charge to get over the personal data that have been stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain.
12. Jurisdiction, Applicable law, contract language
12.1. Jurisdiction and performance is the location of the seller, if the customer is a merchant, legal person of public law or public special assets.
12.2. Contract language is German.