Disclaimer: The following template has been created by a lawyer (https://drschwenke.de) in accordance with the typical requirements of an online shop. However, you should only use the template after careful review and adaptation to your specific business model. The following template therefore contains additional information that you must take into account and passages in red that you must review carefully and adapt if necessary. Please remove the notes after editing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your Marketpress licence applies to it. Distribution to third parties, including customers (e.g. as developers), is not permitted.
General Terms and Conditions with Customer Information
1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment terms
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Scope
1.1. The business relationship between [insert: DemoShop e.K., owner: Max Muster Demostraße 1, 12345 Demostadt] (hereinafter referred to as ‘Seller’) and the customer (hereinafter referred to as ‘Customer’) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service team with any questions, complaints or objections on weekdays from [9:00 a.m.] to [6:00 p.m.] on [0221-12345] or by email at [name @ domain.de].
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogues and on the seller’s websites do not constitute a promise or guarantee.
All offers are valid ‘while stocks last’, unless otherwise stated for the products. Errors excepted.
Note: Please enter the appropriate button labels below.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping basket by clicking on the [Add to basket] button. The product selection can be changed within the shopping basket, e.g. deleted. The customer can then proceed to the checkout within the shopping basket by clicking on the [Proceed to checkout] button to complete the order process.
3.2. By clicking on the [Place order] button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and return to the shopping basket using the browser’s ‘back’ function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, which lists the customer’s order again and which the customer can print out using the ‘Print’ function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days by means of a second email, express order confirmation or sending the invoice.
3.4. If the seller allows advance payment, the contract is concluded upon provision of the bank details and payment request. If, despite being due, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, the seller shall withdraw from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item for prepayments is therefore valid for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is unavailable because the seller has not been supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any payments already made.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods 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. If third-party providers are commissioned to handle payment processing, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
6.6. The customer shall only be entitled to offset claims if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A warranty exists for goods delivered by the seller only if it has been expressly provided. Customers are informed of the warranty conditions before initiating the ordering process.
9. Liability
9.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability apply to the seller’s liability for damages.
9.2. The seller shall be liable without limitation if 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 essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical for this type of contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability 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 out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, together with the cancellation policy and information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
Note: Please note that the link http://ec.europa.eu/consumers/odr/ must be clickable.
11. Final provisions
11.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
