General Terms and Conditions (GTC)
§ 1 Scope of application & defence clause
(1) The legal relationships established via this online shop between Keramik Geiger (hereinafter referred to as the ‘Supplier’) and its customers are governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
(2) Any deviating general terms and conditions of the customer are rejected.
§ 2 Conclusion of the contract
(1) The presentation of the goods in the online shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.
(2) By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.
§ 3 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 4 Due date
Payment of the purchase price is due upon conclusion of the contract.
§ 5 Warranty
(1) The customer's warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provisions in § 6 of these General Terms and Conditions apply to claims for damages by the customer against the provider.
(2) The limitation period for warranty claims by the customer is 2 years for consumers in the case of newly manufactured goods and 1 year in the case of used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured goods and used goods. The above reduction of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and transfer ownership of it. The above reduction of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse pursuant to Section 478 of the British Civil Code is also excluded from the reduction of the limitation periods vis-à-vis entrepreneurs.
(3) The provider does not give any guarantee.
§ 6 Disclaimer
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The above disclaimer also applies in favour of the provider's legal representatives and vicarious agents, insofar as the customer asserts claims against them.
(2) Excluded from the exclusion of liability specified in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material defects and defects of title and transfer ownership of it. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer can prove a legitimate interest in the assignment or pledging.
§ 8 Offsetting
The customer shall only be entitled to offset claims if their claim for offsetting has been legally established or is undisputed.
§ 9 Choice of law & place of jurisdiction
(1) The contractual relationship between the provider and the customer shall be governed by the laws of the Federal Republic of Germany. This choice of law does not apply to the mandatory consumer protection regulations of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.