§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter “GTC”) of STEINBERG GmbH, hereinafter referred to as “Seller”, apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods and/or services presented by the Seller on its website. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.
(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
(2) The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
(3) The Seller can accept the Customer’s offer within five days,
– by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
– by delivering the ordered goods to the Customer, insofar as the receipt of the goods by the Customer is decisive, or
– by requesting payment from the Customer after submitting their order.
§ 3 Prices and Payment Conditions
(1) Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
(2) The Customer is offered various payment options, which are specified in the Seller’s online shop.
(3) If payment in advance has been agreed upon, payment is due immediately after conclusion of the contract.
§ 4 Delivery and Shipping Conditions
(1) The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.
(2) If the delivery of the goods fails due to reasons the Customer is responsible for, the Customer must bear the reasonable costs incurred by the Seller. This does not apply if the Customer effectively exercises their right of withdrawal, unless the Customer has caused the circumstances that led to the impossibility of delivery, or was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance.
§ 5 Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
§ 6 Warranty
(1) The statutory provisions apply.
(2) For used goods, the warranty period deviates from the statutory regulation and is one year from delivery of the goods. The one-year warranty period does not apply to damages attributable to the Seller caused by injury to life, body or health and grossly negligent or intentional damages or malice by the Seller, as well as for recourse claims according to §§ 478, 479 BGB.
§ 7 Liability
(1) The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:
1. The Seller is liable for any legal reason without limitation
– in case of intent or gross negligence,
– in case of intentional or negligent injury to life, body or health,
– on the basis of a guarantee promise, unless otherwise regulated,
– due to mandatory liability such as under the Product Liability Act.
2. If the Seller negligently breaches an essential contractual obligation, the obligation to pay compensation for material damages is limited to the foreseeable, typically occurring damage, unless unlimited liability is assumed according to the above item 1. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
3. Otherwise, the Seller’s liability is excluded.
(2) The liability limitations of the preceding paragraphs also apply in terms of the Seller’s liability for its fulfillment agents and legal representatives.
§ 8 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the Seller and the Customers, excluding the UN Sales Convention.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the Seller’s place of business.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if available, apply. However, if this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.
