General Terms and Conditions
All contracts and / or orders between / made by 3e oem sports AG are based on the following general terms and conditions:
Any supplier or customer agrees to these General Terms and Conditions without further notice by submitting a order or confirmation or by delivery of any kind of goods and services. Any other kind of regulations and / or General Terms and Conditions, 3e oem sports AG only accepts if they have been done in written manner and signed by the executive board of the 3e oem sports AG.
III. Payment and Settlement
IV. Delivery Periods
V. Retention of Title
VI. Execution of Deliveries
VII. Liability for Defects, Warranty
VIII. Maintenance and Repair
IX. General Limitation of Liability and Statute of Limitations
XI. Test Parts, Moulds and Tools
XIII. Place of Performance, Place of Jurisdiction and Applicable Law
XIV. Authoritative Version
XVI. General Terms
I. Validity offers
I.1 General, scope of application
I.1.1 The following terms and conditions apply to all offers, deliveries and services from purchase, work or service contracts and other contracts. The effect of any general terms and conditions of the customer is expressly excluded.
I.1.2 A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
I.1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
I.1.4. These General Terms and Conditions of Sale shall apply to all contracts - including future contracts - and other services.
I.1.5 We shall not be bound by the purchaser's terms and conditions even if we do not expressly object to them again after receipt by us.
I.2 Offers, order confirmation
I.2.1 Unless otherwise expressly agreed, offers are subject to change without notice.
I.2.2 Subsequent changes at the request of the customer will be charged to the customer.
I.2.3 Agreements, in particular verbal collateral agreements, promises, guarantees and other assurances of our sales employees, shall only become binding upon our written confirmation.
I.2.4 The documents belonging to the offer such as drawings, illustrations, technical data, references to standards as well as statements in advertising material are not quality specifications, assurances of characteristics or guarantees unless they are expressly designated as such in writing.
I.2.5 Deviations of the delivery item from offers, samples, trial and advance deliveries are permissible in accordance with the applicable DIN/EN standards or other relevant technical standards.
The prices agreed at the time of conclusion of the contract shall apply.
The prices are quoted unpacked ex Seeshaupt or factory warehouse (FOB). Delivery and transport costs shall be charged separately unless they are free of charge for the consumer due to the order quantity or unless otherwise agreed.
Prices quoted to entrepreneurs do not include the legally applicable value added tax.
Within the framework of the statutory regulations, we shall take back packaging supplied by us if it is returned to us carriage paid by the purchaser within a reasonable period of time.
Prices and conditions stated on the Internet pages may change due to price increases or recording errors. The conditions stated in the order confirmation are therefore authoritative. If these have changed, the order can be cancelled by the customer immediately after receipt of the item.
We reserve the right to refuse orders.
III. Payment and settlement
III.1.1 Payments may only be made to us or to persons authorized by us in writing.
III.1.2 Invoices are payable in accordance with. the specified date or, if the date is not specified, within 7 days of the invoice date net cash free paying agent.
III.1.3 Payment must be made within these periods in such a way that the amount required to settle the invoice is available to us by the due date at the latest.
III.1.4 The purchaser shall be in default at the latest 10 days after the due date of our claim, without the need for a reminder.
III.2 Prohibition of assignment, set-off, retention
III.2.1 The customer's rights arising from transactions made with us shall not be transferable without our written consent. The customer shall only be entitled to offset against our claims if his claim is undisputed or legally established. This does not apply if the customer is a consumer. The customer may only exercise a right of retention if it originates from the same legal relationship.
III.2.2 If the term of payment is exceeded, at the latest after default, we shall be entitled to charge interest in the amount of the respective bank rates for overdraft facilities, but at least interest in the amount of 8 percentage points above the base interest rate. The assertion of further damages caused by default remains reserved.
III.2.3 If it becomes apparent after conclusion of the contract that our payment claim is at risk due to the buyer's inability to pay, we shall be entitled to the rights arising from § 321 BGB (German Civil Code) (objection of uncertainty). We shall then also be entitled to demand payment of all claims arising from the current business relationship with the Buyer which are not statute-barred and to demand payment of the collection authorization in accordance with Clause V/5 to be revoked.
III.2.4 In the event of default in payment, we shall also be entitled to demand the return of the goods after expiry of a reasonable period of grace and to prohibit the resale and further processing of the delivered goods. The taking back is not a withdrawal from the contract. The buyer can avert all these legal consequences by payment or security in the amount of our endangered payment claim. The provisions of the Insolvency Code shall remain unaffected by the above provisions.
III.2.5 An agreed discount always refers only to the invoice value excluding freight and presupposes the complete settlement of all due liabilities of the buyer at the time of the discount.
IV. Delivery periods
Dates shall only be binding if they have been expressly confirmed as binding by us in writing.
The deadline shall be deemed to have been met if the goods have left our delivery warehouse or if we have informed the customer of our readiness to perform by the time the deadline expires. Unforeseen circumstances and events such as force majeure, government measures, non-granting of official permits, industrial disputes of any kind, sabotage, shortage of raw materials, delayed delivery of materials through no fault of our own, war, riot, etc. postpone the delivery date accordingly, even if they have occurred during an already existing delay. This shall also apply if the circumstances occur at our suppliers. We shall inform the purchaser of such circumstances without delay.
If the performance of the contract becomes unreasonable for one of the parties, it may withdraw from the contract to this extent.
If we exceed a delivery date promised as binding and if it is unreasonable to expect the customer to wait further, he may assert further rights after the occurrence of the delay and warning and setting a reasonable grace period. In this case, a claim for damages by the customer is excluded, unless the delay is due to intentional or grossly negligent conduct on our part or on the part of one of our legal representatives or vicarious agents. If the customer is in default of acceptance, we shall be entitled, after expiry of a grace period to be set by us, to refuse performance of the contract and claim damages. Instead, we may also dispose of the goods elsewhere and supply the customer within a new reasonable period of time.
If we dispatch the subject matter of the contract at the request of the customer, this shall be at the expense and risk of the customer. For all deliveries, the risk of loss of the goods shall pass to the customer upon delivery to the forwarding agent, the carrier or any other person designated to carry out the shipment. This does not apply if the customer is a consumer.
V. Retention of title
All goods delivered by 3e oem sports AG shall remain our property (reserved goods) until the purchase price has been paid in full and all claims arising from the business relationship have been settled, irrespective of the legal basis, including future or conditional claims.
If the customer is an entrepreneur, the following shall also apply: We shall retain ownership of the delivered goods from the business relationship with the customer in a simple, extended and extended form until all claims (including all current account balance claims) to which we are entitled against the customer now or in the future for any legal reason have been settled. until the complete fulfilment of all claims from the respective contract. Any disposition whatsoever of the goods subject to retention of title by the customer is only permitted in the regular course of business of the customer. Under no circumstances, however, may the goods be transferred to third parties as security within the framework of regular business transactions. In case of sale of the goods in the regular course of business, the paid purchase price shall take the place of the goods. The customer hereby assigns to us any claims arising from a possible sale. The customer is authorized to collect these claims as long as he meets his payment obligations towards us. With regard to the extended retention of title (assignment in advance of the respective purchase price claim), assignment to third parties, in particular to a bank, is contrary to the contract and inadmissible. We are entitled at any time to examine the customer's sales documents and to inform his customers of the assignment. If the customer's claim has been included in a current account, the customer hereby assigns to us his claim from the current account vis-à-vis his customer. The assignment shall be made in the amount which we had charged the customer for the resold reserved goods. In the event of seizure of the goods by the customer, we are to be informed immediately by sending a copy of the enforcement protocol and an affidavit that the seized goods are the goods delivered by us and subject to retention of title. If the value of the securities in accordance with the above paragraphs of this clause exceeds the amount of the secured outstanding claim after deduction of the security costs for the foreseeable future by more than 20%, the customer shall be entitled to demand the release of securities from us to the extent that such excess exists.
The treatment and processing of the reserved goods shall be carried out for us as manufacturer within the meaning of § 950 BGB (German Civil Code) without any obligation on our part. The processed goods shall be deemed to be goods subject to retention of title within the meaning of Clause V/1. If the Buyer processes, combines or mixes the reserved goods with other goods, we shall be entitled to co-ownership of the new object in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our ownership lapses due to combination or mixing, the buyer hereby transfers to us his ownership rights to the new stock or item to the extent of the invoice value of the goods subject to retention of title and shall keep them in safe custody for us free of charge. The co-ownership rights resulting therefrom shall be deemed to be reserved goods within the meaning of Clause V/1. The buyer may only sell the reserved goods in the ordinary course of business at his normal terms and conditions and as long as he is not in default, provided that the claims from the resale in accordance with Clause V/4 to V/6 to us. He shall not be entitled to dispose of the reserved goods in any other way. The buyer's claims from the resale of the reserved goods are already now assigned to 3e oem sports AG. They serve as security to the same extent as the reserved goods. If the reserved goods are sold by the purchaser together with other goods not sold by us, the assignment of the claim from the resale shall only apply to the amount of the resale value of the reserved goods sold in each case. In the event of the sale of goods in which we hold co-ownership shares in accordance with Clause V/2, the assignment of the claim shall apply in the amount of these co-ownership shares. The buyer is entitled to collect claims from the resale until our revocation, which is permissible at any time, is revoked. We shall only be exempted from the right of revocation in the cases set out in Clause III/4 shall be made use of. At our request, the purchaser is obliged to inform his customers immediately of the assignment to us - unless we do so ourselves - and to provide us with the information and documents required for collection. The purchaser must inform us immediately of any seizure or other impairment by third parties. If the value of existing securities exceeds the secured claims by more than 50 % in total, we shall be obliged to release securities of our choice at the buyer's request.
VI. Execution of deliveries
The risk of possible loss and possible deterioration of the goods is transferred to the customer at the handover stage at the latest. In the event of sale by delivery to a place other than the place of performance (Seeshaupt), however, the risk of possible loss or of possible deterioration of the goods and the risk of delay is transferred earlier, at the delivery stage of the goods, to the forwarding agent, the freight carrier or other person nominated to carry out the dispatch. Should acceptance be agreed, this is authoritative for the transfer of risk. The same applies for handover/acceptance if the customer is in default of acceptance. We shall only provide insurance at the instruction and expense of the purchaser. We are entitled to make partial deliveries to a reasonable extent. In the case of manufactured goods, excess and short deliveries of up to 10 % of the agreed quantity are permissible. In the case of call-off orders, we shall be entitled to manufacture the entire order quantity in a closed system or to have it made. Any requests for changes can no longer be considered after the order has been placed, unless this has been expressly agreed. Unless firm agreements have been made, call-off dates and quantities can only be met within the scope of our delivery or manufacturing capabilities. If the goods are not called off in accordance with the contract, we shall be entitled to invoice them as delivered after a reasonable period of grace has elapsed.
If we are in default with the surrender of an object and if we are accused of gross negligence or intent with regard to the default, we shall reimburse the customer for all damages arising therefrom. In the case of simple negligence claims of the customer are excluded.
VII. Liability for defects, warranty
VII.1.1 In the event of justified, immediate notification of defects, we may, at our discretion, either remedy the defect or deliver a defect-free item (subsequent performance).
VII.1.2 In the event of failure or refusal of subsequent performance, the buyer may reduce the purchase price or withdraw from the contract after setting and unsuccessful expiry of a reasonable period. If the defect is not substantial, he shall only be entitled to a reduction of the purchase price. We shall only assume expenses in connection with subsequent performance if they are reasonable in the individual case, in particular in relation to the purchase price of the goods. We shall not assume any expenses arising from the fact that the goods sold have been taken to a location other than the Buyer's registered office or branch office, unless this corresponds to their contractual use. As long as the buyer does not give us the opportunity to convince ourselves of the defect, in particular if he does not provide the goods complained of or samples thereof upon request, he cannot invoke defects in the goods.
VII.1.3 Further claims are excluded in accordance with the provisions of Clause VIII is excluded. This applies in particular to claims for compensation for damage that has not occurred to the goods themselves (consequential damage).
Our warranty is as follows:
VII.2.1 If the customer is a consumer: For newly manufactured goods 24 months, for used goods 12 months. If the customer is an entrepreneur: For newly manufactured goods 12 months, for used goods the warranty is excluded.
VII.2.2 If the customer is an entrepreneur, he is obliged to inspect the delivered goods immediately after delivery and to notify us in writing of any existing defects immediately (at the latest by the next but one working day following delivery). Defects which are reported late, i. e. contrary to the above obligation, are excluded from the warranty. Non-obvious defects which only become apparent in the course of time must be reported in writing by the Contractor immediately after discovery. Notifications of defects shall only be accepted as such by us if they have been notified in writing, even if they are asserted against field staff, carriers or third parties.
VII.2.3 In the event of a defect, the goods may only be returned to us by entrepreneurs with our prior consent. We will not accept returns which are made without our prior consent. In this case, the customer shall bear the costs of the return shipment resulting from our refusal of acceptance.
VII.2.4 In the event that a reworking or replacement delivery is made on the basis of a justified notice of defect, the provisions on the delivery period shall apply accordingly.
VII.2.5 The warranty period begins with the transfer of risk to the customer. Within this warranty period, we will remedy defects notified by the customer in writing free of charge. The defect shall be remedied at our discretion by elimination of the defect, circumvention of the defect or delivery of another item (subsequent performance). If the customer is a consumer, he has the right to choose. If subsequent performance fails, the customer may set us a further subsequent performance period of at least 3 weeks within which we must fulfil our obligations. This shall not apply if a grace period has been granted due to special circumstances (e. g. §§ 323 Para. 2, 326 abs. 5, 636 BGB) is dispensable. After the unsuccessful expiry of this period, the customer may, at his discretion, demand a reduction of the price, withdraw from the contract and, if the conditions are met, demand damages.
VII.2.6 Further claims of the customer against us are excluded, in particular claims for compensation for damages which have not occurred to the object of the contract itself. This shall not apply in cases of intent or gross negligence, cf. the regulations under item XII.
VII.2.7 For material defects caused by unsuitable or improper use or faulty assembly by the customer or third parties, normal wear and tear, faulty or negligent handling, as well as for the consequences of improper changes made by the customer or third parties without our consent, our liability is excluded with the exception of intent or negligence (cf. Item XII) are excluded. The same applies to defects which only insignificantly reduce the value or suitability of the goods. If, after inspection, the defect reported by the customer cannot be determined, the customer, if he is an entrepreneur, shall bear the costs of the inspection, unless he would also have had to pay the costs of the inspection if the defect had been inspected in accordance with his duties, e. g. by a third party. By consulting a manual beforehand, this cannot be avoided.
VII.2.8 If defects exist, we shall, at our discretion, repair the object of the contract complained about at our registered office or at the registered office of the customer. If there is a defect which can only be repaired on site at the customer, we shall bear the resulting costs only up to the place where the item was to be used in accordance with the contract. If nothing is agreed and nothing results from the circumstances, we owe at most the repair at the seat of the customer. Additional costs resulting from the fact that the customer has moved the item to a location other than the originally intended place of installation or its registered office shall be borne by the customer, unless the move to this location corresponds to the intended use of the goods. This does not apply if the customer is a consumer.
VII.2.9 Should we have assumed a guarantee for a certain type of condition of the sold item over a fixed period of time, the above provisions on the inspection and notification obligations as well as the number of attempts at subsequent performance and the immediate notification of defects shall not apply.
VII.2.10 If claims are asserted against the customer arising from the infringement of German industrial property rights by objects delivered or licensed in accordance with these conditions, we shall reimburse the customer for all costs and compensation amounts imposed by final and absolute judgement if we are informed immediately and in writing of such claims, if we receive all necessary information from the customer, if the customer fulfils his general duties of cooperation, if we can make the final decision as to whether the claim is rejected or settled and if we are at fault with regard to the infringement of industrial property rights. If it is legally established that any further use of the contractual objects violates German industrial property rights of third parties or if, in our opinion, there is a risk of an action for industrial property rights, we may, to the extent that liability does not lapse, at our own expense and at our discretion either procure for the customer the right to continue using the contractual objects, or exchange them or modify them in such a way that there is no longer any violation or refund the customer the value of the contractual object less compensation for use for the uses made up to that point, taking it back. Compensation for use is calculated on the basis of an assumed depreciation period of 3 years, so that 1/36 of the price is payable for each month of use.
VII.3 Settlement of third-party guarantees
VII.3.1 Guarantees are performance promises made by the manufacturer to the customer. They therefore do not create any obligation for us. The customer is therefore obliged to create the prerequisites for the exercise of the claims arising from the guarantee at his own expense. In particular, the customer shall bear the costs of transport to and from the manufacturer, assembly and dismantling as well as, if applicable, the costs of a replacement device.
VIII. Maintenance and repair
If we carry out maintenance or repair work, this shall be carried out exclusively in accordance with the respective conditions and in addition to these General Terms and Conditions.
Our maintenance and repair activities are services. The prices are based on the valid service price list. Travel costs, material costs and the like are additionally charged according to our respective price lists. Travel times of our employees are regarded as working times and are to be remunerated in accordance with the service price lists.
If the customer requests a cost estimate, we will examine the item and then submit a cost estimate. The costs of this investigation are in turn to be borne by the customer. The costs of the inspection shall be calculated on a time and material basis and shall be charged within the framework of any repair or replacement work. maintenance order only if this has been expressly agreed in advance.
IX. General limitation of liability and statute of limitations
IX.1 Liability for other breaches of duty
IX.1.1 Irrespective of the provisions on warranty and other special provisions made in these provisions, the following shall apply in cases where we have breached an obligation: We shall be liable for our employees, vicarious agents and assistants for damages in unlimited amounts also for slight negligence in the event of injury to life, limb or health of persons. Beyond that we are liable only to the following extent:
IX.1.2 If we violate an essential contractual obligation, i. e. an obligation without the observance of which the purpose of the contract could not be fulfilled, we shall also be liable in cases of intent, gross negligence and slight negligence. In such cases, we shall compensate the damage foreseeable and typical for the contract at the time of conclusion of the contract. If we do not act deliberately or grossly negligent but only slightly negligent, our liability is limited to € 5,000. 00 per claim, twice the amount per year.
IX.1.3 If the breach of duty by us is not due to a breach of a material contractual obligation, we shall only be liable for cases of gross negligence and intent.
IX.1.4 Our liability for fraudulent intent and under the Product Liability Act remains unaffected.
IX.1.5 The customer shall be liable for contributory negligence, e. g. inadequate provision of cooperation services (e. g. also inadequate error messages, organisational errors or inadequate data backup). We shall only be liable for the replacement of data if the customer has taken the usual and appropriate precautions for data backup and has ensured that the data and programs which are available in machine-readable form can be reconstructed with reasonable effort. In particular, the customer is obliged to carry out a data backup before each of the aforementioned work and to check the successful completion of this data backup. The customer is advised that data backup software can display successful data backups, although such backups have not been successful. Last security whether a data backup was successful can only be obtained by restoring the backed up data to another medium. The customer is advised to do this on a regular basis. If the customer has not done so, he is obliged to inform our employee of this before the start of any work. If our employees are to carry out the data backup and check the success, the customer bears the costs for this. The costs shall be calculated according to our valid price list and shall be invoiced on a time and material basis.
IX.2 Statute of limitations
IX.2.1 For breach of contractual and non-contractual obligations, in particular for impossibility, default, culpa in contrahendo and tort, we shall only be liable - also for our executive employees and other vicarious agents - in cases of intent and gross negligence, limited to the typical contractual damage foreseeable at the time the contract was concluded. These limitations shall not apply in cases of culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered, in cases of mandatory liability under the Product Liability Act, in cases of injury to life, limb or health and even if and insofar as we have fraudulently concealed defects or guaranteed their absence. The rules on the burden of proof remain unaffected by this. Unless otherwise agreed, contractual claims against us arising from or in connection with the delivery of the goods shall become statute-barred one year after delivery of the goods. This period shall also apply to such goods which have been used for a building in accordance with their usual use and which have caused its defectiveness, unless this use has been agreed in writing. Our liability from intentional and grossly negligent breaches of duty as well as the statute of limitations for statutory recourse claims shall remain unaffected by this. In the event of subsequent performance, the limitation period shall not recommence.
We reserve the right of ownership and copyright to cost estimates, drafts, drawings and other documents; they may only be made accessible to third parties in agreement with us. Drawings and other documents belonging to offers are to be returned on request. Insofar as we have supplied items in accordance with drawings, models, samples or other documents provided by the purchaser, the latter shall guarantee that the industrial property rights of third parties are not infringed. If third parties prohibit us from manufacturing and supplying such objects by invoking industrial property rights, we shall be entitled - without being obliged to examine the legal situation - to discontinue any further activities and to demand compensation for damages in the event of fault on the part of the purchaser. In addition, the purchaser undertakes to indemnify us immediately against all claims of third parties in connection therewith.
XI. Test parts, moulds and tools
If the buyer has to provide parts for the execution of the order, they shall be delivered free production site with the agreed, otherwise with a reasonable additional quantity for any rejects in time, free of charge and free of defects. If this does not occur, any costs and other consequences caused thereby shall be borne by the customer. The production of test parts including the costs for moulds and tools shall be borne by the purchaser. Ownership rights to moulds, tools and other devices required for the manufacture of ordered parts shall be governed by the agreements made. If such devices become unusable before fulfilment of the agreed output quantity, the costs required for replacement shall be borne by us. We undertake to keep such devices available for at least two years after the last use. For tools, moulds and other production equipment provided by the purchaser, our liability shall be limited to the same care as in our own case. Costs for maintenance and care shall be borne by the buyer. Our storage obligation shall expire - irrespective of the purchaser's ownership rights - at the latest two years after the last production from the mould or tool.
If the subject of the contract is the provision of software, the following shall apply:
XII.1 Third party software
XII.1.1 Third party software is subject of the contract Third party software, only those rights are transferred which the manufacturer grants to the end user, if applicable. through an End User License Agreement (EULA). The customer is obliged to obtain knowledge thereof and to comply with the restrictions of the rights.
XII.2 Our software
XII.2.1 Unless individually agreed otherwise, the customer receives a simple right to use the software created by us for his own purposes. The customer is only entitled to pass on the contractual software with our prior written consent. The customer is not entitled to use the software for others or to make it available to third parties for data processing, not even by using it on the customer's own computers.
XII.2.2 The customer is not entitled to grant sublicenses.
XII.2.3 The customer is not entitled to copy the software, distribute copies, edit the software or make it publicly accessible. As an exception to the copy prohibition, the customer is entitled to make a backup copy.
XII.2.4 The customer shall keep written records of the licenses acquired by him and their use. Any change in the location of the programs must be recorded in writing.
XII.2.5 We are exclusively entitled to all rights beyond the above rights, be they copyrights, industrial property rights or other rights.
XII.2.6 If, for technical reasons, the data carrier provided to the customer contains software which is not covered by the software license granted to the customer, this software may only be used on the basis of a separate license to be procured by the customer. The Software may contain technical means to prevent the use of unlicensed Software.
XII.2.7 On all complete and partial copies of the software, the customer shall affix our copyright notices and all other notices for industrial property rights to us in such a way that they are not used by us. as defined in the original version of the software.
XII.2.8 The customer has no claim to the surrender of the source code.
XII.3.1 We deliver the contractual programs by handing over the program data carrier. If the customer wishes the installation by us, this is an additional service, which can be given by additional order as a service in order. This also applies to the introduction to the program. Such a service shall be provided by us against a separate order and separate remuneration according to expenditure in accordance with the hourly rate valid at the time and in accordance with our price lists valid at the time plus travel expenses and expenses.
XII.3.2 If the object of our service is the delivery of third-party software, the customer is obliged to inform himself about the license terms of the respective manufacturer and to observe them. In addition, the provisions of Clause VIII shall apply XI.1.
XII 3.3 Documentation, in particular from third-party suppliers, shall be delivered in the manner made available by the manufacturer. This can also mean delivery in a foreign language or in electronic form. We are not obliged to translate or print out documentation about third-party programs in the German language.
XIII. Place of performance, place of jurisdiction and applicable law
Place of performance for all obligations arising from this contract is our registered office. This does not apply to purchases of consumer goods. The sole place of jurisdiction for all disputes arising from the contractual relationship as well as concerning its effectiveness, also within the framework of a bill of exchange and/or cheque process, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law or has its registered office abroad, shall be Munich or the registered office of the customer at our discretion. This regulation does not apply to consumers.
This contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
XIV. Authoritative version
In case of doubt, the German version of these General Terms and Conditions shall prevail.
XVI. General terms
Should one or more of the above conditions be or become ineffective or contain a gap, the remaining conditions shall remain unaffected. In such a case, the contracting parties shall be obliged to replace an ineffective condition with an effective condition which most closely corresponds to the economic purpose of the ineffective condition. This shall also apply to the filling of any unintentional gaps which need to be filled.
Agreements deviating from or additional to the foregoing terms and conditions shall only be effective in the form of an additional written agreement to the contract entered into by the parties, in which reference is made to the amended terms and conditions. The waiver of this written form requirement also requires the written form.
The European Commission provides an online dispute resolution platform (OS), which is available at the following link: http://ec.europa.eu/odr.This platform is intended to provide consumers with the opportunity to clarify disputes arising from an online contract.