Terms and Conditions

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Information on Online Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Ralf Lawnik (hereinafter "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 in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 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.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and having gone 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.

2.3 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present GTC after sending his order. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by entering the corresponding login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The Customer has various payment options available, which are indicated in the Seller's online shop.

4.3 If advance payment is agreed, payment is due immediately after conclusion of the contract.

4.4 When paying by a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the Seller had notified him of the service a reasonable time in advance.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

6.1 With respect to consumers, the Seller reserves title to the delivered goods until full payment of the purchase price owed.

6.2 With respect to entrepreneurs, the Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been paid in full.

6.3 If the Customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns all claims arising from this against third parties to the Seller in the amount of the respective invoice value (including value added tax) in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims himself remains unaffected. However, the Seller will not collect the claims as long as the Customer fulfills his payment obligations towards the Seller, does not default on payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this, the following applies:

7.1 For entrepreneurs

an insignificant defect generally does not establish claims for defects;
the Seller has the choice of the type of supplementary performance;
the limitation period for defects for new goods is one year from the transfer of risk;
for used goods, rights and claims due to defects are generally excluded;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 For consumers, the limitation period for defect claims for used goods is one year from the delivery of the goods to the Customer, with the restriction of the following paragraph.

7.3 The limitations of liability and reductions of the limitation period regulated above do not apply

to items that have been used for a building in a manner contrary to their usual use and have caused its defectiveness,
to damages resulting from injury to life, body or health due to a willful or negligent breach of duty by the Seller or a willful or negligent breach of duty by a legal representative or vicarious agent of the Seller,
to other damages based on a willful or grossly negligent breach of duty by the Seller or on a willful or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the Seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the Customer fails to comply with the duties of notification regulated therein, the goods are deemed to have been approved.

7.6 If the Customer acts as a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, also tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

in case of intent or gross negligence,
for intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability exists according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability of the Seller is excluded.

8.4 The above liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

9) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) Information on Online Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.