Disclaimer: The following sample is issued by a lawyer (https://drschwenke.de) has been created according to the typical requirements of an online shop. However, you should use the pattern only after careful consideration and adaptation to your specific business model. The following pattern therefore contains additional notes that you must observe and red passages that you must check and, if necessary, adjust. Please remove the instructions after processing. In case of doubt, get legal advice. Copyright: You may use the pattern within the domain / website as long as your marketpress license also applies to them. Passing on to third parties, even to customers (eg as a developer) is not allowed.
Terms and Conditions with 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 guarantee 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 referred to as "seller") and the customer (hereinafter referred to as "customer"), the following terms and conditions apply in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on workdays from [9:00 am] to [6:00 pm] at the telephone number [0221-12345] as well as via 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 is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's website 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. With the button [order with payment] the customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as using the browser function & #8222; back & #8220; go back to the cart or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment has confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
4. Prices and shipping costs 4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales 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 by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. Are third-party providers charged with the processing of payments, eg Paypal. their terms and conditions 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 obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title Until full payment, the delivered goods remain the property of the seller.
8. Warranty and guarantee 8.1. The warranty is determined by legal regulations.
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. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
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 shall be liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches 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, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, 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 order data to the e-mail 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 terms and conditions, together with the cancellation policy and the notes on shipping costs and terms of delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible 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. European Commission Online Dispute Resolution (OS) platform 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.