Terms of service
Terms of Service End Consumer
1. General information
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business business relations between us (Schneider Digital Josef J. Schneider e.K., Konrad-Zuse-Straße 1, 83607 Holzkirchen, Germany, owner: Mr Josef J. Schneider) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The contract language is German.
1.3 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step in the shopping basket either the option "Checkout" or "Direct to PayPal". If you have selected the "Checkout" option, you can enter your customer account details in the third step or select the option "Do not create a customer account" and enter your data including billing address and, if applicable, a different delivery address, if these are not already are not already stored in your customer account and then select a payment method. If you have selected the "Direct to PayPal" option option, you will first be redirected to PayPal. Log in with your Paypal access data and click on "Continue". on "Continue". This does not yet trigger a payment obligation, but leads in the next step to the return to our online shop. online shop. In the fourth step, you have the opportunity to check all details (e.g. name, address, method of payment, ordered items) once again and correct any input errors before you finalise your order by confirm your order by clicking on the "Order with obligation to pay" button. By placing an order, you are making a binding contract offer. We will confirm receipt of the order immediately. This confirmation of receipt does not does not constitute a binding acceptance of your order. We are entitled to accept the contractual offer contained in your order within two days of receipt of the order by e-mail, fax, telephone, post or by sending the goods. binding acceptance. The contract is concluded upon acceptance and, if you have selected your direct debit via PayPal this will then be executed.
1.4 Storage of the contract text
The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your order, together with these GTC and customer information in text form (e.g. e-mail, fax or post). The text of the contract can no longer be text of the contract can no longer be retrieved via the website after you have sent your order. You can use the print function the relevant website with the text of the contract.
1.5 Subsequent amendment of the terms and conditions
We are entitled to subsequently amend and supplement the General Terms and Conditions in relation to existing business business relationships insofar as changes in legislation or case law make this necessary or other circumstances circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent terms and conditions shall become effective if you do not object within six weeks of notification of the change. object to the change. At the beginning of the period, we will expressly inform you of the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. declaration. If you object within the deadline, both you and we may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Delivery
2.1 Partial deliveries
We are authorised to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which events which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to that effect), we shall be entitled to postpone the delivery for the duration of the impeding event.
2.3 Exclusion of delivery
PO box addresses are not supplied.
2.4 Default of acceptance If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period we shall be entitled to withdraw from the contract and claim damages for delay or non-fulfilment. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Performance time
Unless expressly agreed otherwise, delivery shall be made by us within 5 days. In the case of payment in advance, the delivery period shall commence on the day after the payment order is issued to the transferring bank or, in the case of payment on delivery or purchase on account, on the day after the contract is concluded. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised at the place of delivery, the period shall end on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices are inclusive of VAT. In addition, there are the separately itemised costs for packaging and packaging and dispatch, unless collection by you from our place of business has been agreed.
3.2 Default of payment
You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Cancellation policy for consumers in distance selling contracts
Cancellation policy & right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods. To exercise the right to cancel, you must inform us (Schneider Digital Josef J. Schneider e.K., Konrad-Zuse-Straße 1, 83607 Holzkirchen, phone: +49 (8025) 9930-0, fax: +49 (8025) 9930-229, e-mail: info@grafikkarten.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is the condition, properties and functioning of the goods. Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. Special information on the premature expiry of the right of withdrawal For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your expires prematurely if the seal has been removed after delivery.
5. Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.
6. Warranty
6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, illustrations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact conditions of these guarantees with the product. Possible guarantees do not affect the warranty rights.
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please inform us. However, there is no obligation to provide such notification, nor are warranty rights affected by a failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of rectification or subsequent delivery. If defects are not remedied even after two attempts at rectification, you shall be entitled to withdraw from the contract or reduce the purchase price.
6.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, in the event of a defect we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or replacement. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
6.4 Rights in the event of minor defects
In the event of a minor defect, you are only entitled to a reasonable reduction of the purchase price, excluding the right of withdrawal.
6.5 Compensation for defects
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
6.6 Statute of limitations
The warranty period for used goods is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
7. Liability
7.1 Disclaimer We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, we shall also be liable for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.3 Consumer dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
Terms of Service Business Customers
1. General information
1.1 Scope of application
These General Terms and Conditions apply to all business relationships between us (Schneider Digital Josef J. Schneider e.K., Konrad-Zuse-Straße 1, 83607 Holzkirchen, owner: Mr. Josef J. Schneider) and you in the version valid at the time the contract is concluded. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code). The display option in English serves only as an aid.
1.3 Conclusion of contract
1.3.1 About the store
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step second step, enter your details including billing address and, if applicable, a different delivery address, unless you have already already stored in your customer account and place the order via this account. You can also register for the first time register for the first time or order as a guest. In the third step, select the desired payment and delivery method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) and correct any input errors before you confirm your order by clicking on the button "Order with obligation to pay". By placing an order, you make a binding offer to enter into a contract. We will confirm receipt of your order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance. The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, once you have sent your order, you can no longer retrieve the text of the contract via the be retrieved via the website. You can use the browser's print function to print out the relevant website with the text of the contract.
1.3.2 Individual
Alternatively, the contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry (e.g. via our specific inquiry forms) and then receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement made.
1.4 Subsequent amendment of the terms and conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment to the terms and conditions shall become effective if you do not object within six weeks of notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object within the deadline, both you and we may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to this effect) entitle us to postpone delivery for the duration of the impeding event.
2.3 Exclusion of delivery
P.O. Box addresses are not supplied.
2.4 Default of acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for delay or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Performance time Unless expressly agreed otherwise, delivery shall be made by us within 5 days. In the case of payment in advance, the delivery period shall commence on the day after the payment order is issued to the remitting bank or, in the case of payment on delivery or purchase on account, on the day after the contract is concluded. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized at the place of delivery, the period shall end on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices are exclusive of VAT. In addition, there are the separately stated costs for packaging and packaging and shipping, unless collection by you at our place of business has been agreed.
3.2 Default of payment
You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. Central Bank will be charged. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation. the same legal relationship as your obligation.
4. Retention of title
4.1 General
The goods, works and materials supplied by us shall remain our property until all present and future claims arising from the business and future claims arising from the business relationship. You assign to us any claim or compensation you receive for the damage, destruction or loss of these items to us. Unless otherwise agreed below otherwise agreed below, you are not entitled to sell, give away or sell the items delivered to you under retention of title. to sell, give away, pledge or assign by way of security.
4.2 Seizure and other impairments
If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that an action can be brought in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse the judicial and extrajudicial costs of an action pursuant to §771 ZPO, you shall be liable for the loss incurred by us.
4.3 Resale
You are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the customer's claims arising from the resale of the reserved goods in the amount of the agreed final invoice amount (including VAT). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. You remain authorized to collect the claim even after the assignment. This shall not affect our authorization to collect the claim ourselves. However, we will not collect the claim as long as you meet your payment obligations from the collected proceeds, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.
4.4 Transformation, treatment and processing
The treatment and processing or transformation of the purchased item by you is always carried out in our name and on our behalf. In this case, your expectant right to the purchased item shall continue in the transformed item. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that your item is to be regarded as the main item, it is agreed that you transfer co-ownership to us on a pro rata basis and keep the resulting sole ownership or co-ownership for us. To secure the claims against you, you shall also assign to us such claims which accrue to you against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.
4.5 Redemption
In the event of breach of contract by you, in particular in the event of default in payment, but also in the event of an application for insolvency proceedings against your assets, we shall be entitled to take back the goods. In this case, taking back the goods does not constitute a withdrawal from the contract unless we expressly declare this in text form.
4.6 Release of collateral
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.
5. Warranty in the purchase contract
5.1 General
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, illustrations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact their exact conditions with the product. Possible guarantees do not affect the warranty rights.
5.2 Warranty claim
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. You must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
5.3 Rights in the event of minor defects
In the event of a minor defect, you are only entitled to a reasonable reduction of the purchase price, excluding the right of withdrawal. 5.4 Compensation for defects No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
5.5 Statute of limitations
The warranty is excluded for used goods and is 1 year for new goods. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
6. Maintenance and service
6.1. General information
In accordance with the respective contractual agreement, we also provide maintenance and repair services for delivered goods beyond the statutory warranty period. This shall not affect your warranty rights.
6.2 Scope
Our services include all measures that become necessary due to the normal use and the resulting wear and tear of the delivered goods. Our services relate to the place of delivery specified in the written order confirmation.
6.3 Damage to or caused by third-party goods
Defects or damage caused by or to products not supplied by us are excluded from our maintenance and service.
6.4 Right to vote
Within the scope of maintenance and service work, we have the right to choose whether, as an alternative to repair, to supply a replacement delivery of equivalent new or used goods or components.
6.5 Presentation of the services
Details of our services can be found in the latest edition of our "Maintenance and service" brochure.
7. General information on renting
7.1 Security deposit
We reserve the right to demand an appropriate deposit for the rental.
7.2 Rental period
The agreed rental period begins with the receipt of the rental object by the tenant. The rental period ends with the handover/receipt of the return shipment of the rental object to us. The return must be made by 9:00 a.m. at the latest on the agreed return date. The day of return will not be charged for the rental payment if the return is made by 9.00 am. If you return the rental item to us after 9.00 a.m., you will incur additional costs.
7.3 Your obligations as a tenant
You may not sublet the rental object. You may only use the rental item in combinations approved by the combinations approved by the manufacturer.
7.4 Warranty
The statutory warranty rights apply.
8. Provision and return for rental
8.1 Handover protocol
When handing over and taking back the rental object, a handover or return protocol (rental delivery bill) must be completed in full and signed. These two protocols are part of the rental agreement.
8.2 Replacement devices
Provision If the rental object cannot be provided at the time of handover, we reserve the right to provide a comparable rental object, insofar as this is reasonable for you.
8.3 Fault of the tenant
If the rental object is destroyed through your fault or if it is foreseeable that its use will be restricted or impossible due to circumstances for which you are responsible, we may refuse to provide replacement rental objects. In this case, termination by you in accordance with § 543 II No. 1 BGB is excluded.
8.4 Delayed return
The provision of § 545 BGB expressly does not apply. If you do not return the rental object to us after expiry of the agreed period of use or do not return it to us at the agreed time, we shall be entitled to demand a usage fee in the amount of the agreed rent for the period of withholding exceeding the duration of the contract. Any further claims for damages on our part shall remain unaffected. An extension of the rental period is only possible with our express consent in text form. The right to use the rental object shall only extend to the agreed period of use. Continued use after expiry of the rental period shall not lead to an extension of the rental agreement, even without our express objection.
8.5 Premature return
The return of the rented property before the end of the agreed rental period shall not result in a reduction of the agreed rent, unless the rented property can be rented to another party or there is a case of extraordinary termination without notice by you for good cause.
8.6 Return condition You undertake to return the rented property to us at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned upon return, the actual cleaning costs incurred will also be charged.
8.7 Returning the rental item carriage forward
If the rental item is returned by post, you are obliged to bear the shipping costs incurred.
9. Responsibility of the tenant
9.1 Proper handling
The rental item must be handled carefully and properly, and operated correctly and in accordance with the specifications. Furthermore, the Lessee shall ensure that the rented item is transported (including return shipment) in suitable transport and packaging material (e.g. the material used for shipment to the Lessee). The Lessee may not make any changes to the rental item.
9.2 Scope of liability during the agreed period of use and after expiry of the agreed period of use
You are liable for such damage that goes beyond normal use or wear and tear, provided that you are responsible for this.
9.3 Compulsory insurance
You are obliged to insure the rented item against loss, theft, damage or accidental destruction. The hirer is also obliged to take out transport insurance for the delivery and return.
10. Purchase of the leased property
10.1 General information
It could purchase the rented property at any time, taking into account the rental payments made up to that point.
10.2 Conclusion of contract
The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry. You will then receive confirmation from us that we have received your order, but this does not constitute or confirm acceptance of the contract. If we agree, you will receive a purchase offer from us, taking into account the purchase price at the time of your order of the rental object. Rent already paid will be taken into account. Once the purchase price has been paid in full in advance, you will receive confirmation of the purchase of the rental object after the end of the rental period.
10.3 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. You must treat the goods subject to goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.
11. Liability
11.1 Disclaimer
We and our legal representatives and vicarious agents shall only be liable for intent. We shall only be liable for gross or slight negligence if material contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected. Liability shall be limited to the foreseeable damage typical for the contract.
11.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
12. Final provisions
12.1 Gerichtsstand
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
12.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the the UN Convention on Contracts for the International Sale of Goods.
12.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.