GENERAL BUSINESS RELATIONS (ONLINE SHOP B2C)
§ 1 SCOPE OF APPLICATION
(1) These General Terms and Conditions of Business apply to all orders placed with the online shop of
FISHSTONE – Karsten Jaszkowiak
c/o soulproducts GmbH
Karsten Jaszkowiak +49 177 977 7145
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
§ 2 CONCLUSION OF THE CONTRACT
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather a non-binding invitation to order goods in the online shop.
(2) The desired products and quantities can be selected with the help of the online forms provided on the website. By pressing the button “Request offer”, the selection is transmitted to FISHSTONE – Karsten Jaszkowiak. You will then receive an automatically generated email (confirmation of receipt) with a list of your selection.
of your selection.
(3) Within the next few days you will receive a personalised offer. You can accept this within a period of
of three working days by email. Only then does the contract come into effect. If we do not receive your confirmation until after the third working day, this is a new offer which can be accepted by FISHSTONE – Karsten Jaszkowiak.
(4) If your declaration of acceptance in accordance with § 2 para. 3 a.E. is a new offer, the purchase contract shall only be concluded if we expressly declare acceptance of the purchase offer or if we dispatch the goods to you – without prior express declaration of acceptance.
§ 3 PRICES
§ 4 TERMS OF PAYMENT; DELAY
(1) Payment shall be made in advance.
(2) We will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(3) If you are in delay with a payment, you shall be obliged to pay the statutory interest on arrears in the amount of 9 percentage points above the base interest rate. In addition, you are entitled to payment of a lump sum in the amount of 40 euros. We reserve the right to claim further damages.
§ 5 SET-OFF/RIGHT OF RETENTION
(1) You shall only have a right of set-off if your counterclaim has been legally established or is not disputed by us.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 DELIVERY; RESERVATION OF OWNERSHIP
(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the address specified by you.
(2) We retain ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
(4) We undertake to release the guarantees to which we are entitled on request to the extent that the realisable value of our guarantees exceeds the value of the claims to be secured by more than the value of our claims by more than 10%. The selection of the guarantees to be released is incumbent on us.
§ 7 WARRANTY
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB) with the following modifications:
Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, not, however, public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately after receipt of the goods.
This shall also apply to concealed defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and report defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance).
In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a different place of performance, provided that the transfer does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages that are due to an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
§ 8 LIABILITY
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons. (2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents. (3) Liability for the non-availability of the website is excluded.
§ 9 FINAL PROVISIONS
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall remain unaffected.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of business of the seller shall be the place of jurisdiction for all disputes arising from this contract.