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 notes that you must observe and red passages that you must specifically check and, if necessary, adapt. Please remove these notes after editing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your Marketpress license is valid for it. Passing it on to third parties, including customers (e.g., as a developer), is not permitted.

Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Customer Account
9. Warranty for Defects and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final Provisions

1. Scope of Application
1.1. For 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”), only the following General Terms and Conditions in their version valid at the time of the order shall apply.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3. Deviating terms of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
2.1 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 catalogs and on the seller’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise noted for the products. Errors and omissions excepted.

Note: Please enter the appropriate button labels below.
3. Ordering Process and Conclusion of Contract
3.1. The customer can non-bindingly select products from the seller’s assortment and collect them in a so-called shopping cart via the button Enter button label: [add to cart]. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to complete the ordering process within the shopping cart via the button Enter button label: [proceed to checkout].

3.2. By clicking the button Enter button label: [order with obligation to pay], the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as return to the shopping cart using the browser’s “back” function or cancel the entire ordering process. Required information is marked with an asterisk (*).

3.3. The seller will then send 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 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 offer. The purchase contract is only concluded when the seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation, or by sending the invoice. Acceptance can also occur through a payment request sent by the seller to the customer and, at the latest, through the completion of the payment process. In the event of multiple acceptance processes, the earliest time of acceptance is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.

3.4 In the case of customers who are businesses, the aforementioned period for dispatch, handover, or order confirmation is seven instead of two days.

3.5. Should the seller enable prepayment, the contract is concluded with the provision of bank details and the payment request. If payment, despite being due and even after a renewed request, has not been received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the consequence that the order becomes void and the seller is not obliged to deliver. The order is then settled for the buyer and seller without further consequences. Therefore, an item reservation for prepayment is made for a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website include the respective statutory value-added tax.

4.2. In addition to the stated prices, 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, Product Availability
5.1. If prepayment is agreed upon, delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer without delay.

5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish for a comparable product to be delivered, the seller will immediately refund any consideration already provided to the customer, if applicable.

5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the forwarder, the carrier, or any other person or institution designated for carrying out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to other promises and agreements.

5.6 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseen events that significantly impede or make delivery impossible for the seller, even for customers who are businesses and for whom deadlines and dates have been bindingly agreed upon. In this case, the seller is entitled to postpone the delivery or performance by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are businesses in cases of unforeseen events that affect the operation of a sub-supplier and for which neither the sub-supplier nor the seller is responsible. During the period of this impediment, the customer is also released from their contractual obligations, especially payment. If the delay is unreasonable for the customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or by mutual agreement with the seller.

6. Payment Terms
6.1. The customer can choose from the available payment methods during and before the completion of the ordering 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 after 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 with payment processing, e.g., Paypal, their General Terms and Conditions apply.

6.4. If the payment due date is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not exclude the seller’s right to claim further damages caused by the delay.

6.6. The customer is only entitled to a right of set-off if their counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment.
For customers who are businesses, the following additionally applies: The seller retains title to the goods until full settlement of all claims arising from an ongoing business relationship; The buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged to adequately insure it at their own expense against theft, fire, and water damage at replacement value, if reasonable or customary in the industry. If maintenance and inspection work must be carried out, the buyer must perform it in a timely manner at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the item resulting from processing, the same applies as for the reserved goods. The customer also assigns the claim to secure the claims against them that arise from the connection of the reserved goods with real estate against a third party. Third-party access to goods owned or co-owned by the seller must be reported by the customer without delay. The customer bears the costs arising from such interventions for a third-party action or costs for an out-of-court release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer already assigns all claims arising from the resale or other legal reason regarding the reserved goods (including all balance claims from current accounts) to the seller as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This authorization to collect can be revoked if the customer does not properly fulfill their payment obligations. The seller undertakes to release the securities due to the seller upon the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the presence of a realization risk by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon repayment of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the discretion of the seller.

8. Customer Account

8.1 The seller provides customers with a customer account. Within the customer account, customers are provided with information about their orders and their customer data stored with the seller. The information stored in the customer account is not public.

8.2. Choose alternative: To place an order, customers must create a customer account. Guest orders are not possible. / Customers can also place an order as a guest without having to create a customer account.

8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in the actual circumstances, as far as necessary (e.g., the changed e-mail address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages arising from incorrect information.

8.4. The customer account may only be used in accordance with applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s General Terms and Conditions by means of the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

8.5. Insofar as customers store, provide, or otherwise upload content or information (hereinafter referred to as “Content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customers’ content as their own. However, the seller reserves the right to take appropriate measures depending on the degree of legal infringement risk emanating from the content, especially the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, as well as reasonableness and the interests of all parties involved, especially the fundamental rights of customers, may include the (partial) deletion of content, requests for action and declarations, warnings and cease-and-desist letters, and house bans.

8.6. Customers can cancel the customer account at any time. The seller can terminate the customer account at any time with reasonable notice, which is generally two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. From the time of termination, the customer account and the information stored in it will no longer be available to the customer. It is the customer’s responsibility to secure their data upon termination of the customer account.

9. Warranty for Defects and Guarantee
9.1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.

9.2. A guarantee for goods supplied by the seller only exists if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.

9.3 If the customer is an entrepreneur, they must inspect the goods immediately, irrespective of statutory obligations to give notice of defects, and report recognizable material defects to the supplier immediately, at the latest within two weeks after delivery, in writing, and non-recognizable material defects immediately, at the latest within two weeks after discovery. Customary deviations in quality, weight, size, thickness, width, equipment, patterning, and color that are permissible according to quality standards or are minor do not constitute defects.

9.4 If the customer is an entrepreneur, the choice between rectification or replacement delivery of defective goods is made by the seller.

9.5 Material defects, irrespective of the liability provisions of these General Terms and Conditions, generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatorily prescribed by law, especially for special provisions regarding the entrepreneur’s right of recourse. For used goods, the warranty for customers who are entrepreneurs is excluded.

9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of § 439 (3) of the German Civil Code (BGB) into another item or attached it to another item according to its nature and intended use, the seller is, subject to an express agreement and without prejudice to other warranty obligations, not obliged within the scope of supplementary performance to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching the rectified or delivered defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and their customers).

10. Liability
10.1. For the seller’s liability for damages, the following exclusions and limitations of liability apply, irrespective of other statutory claim requirements.

10.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.

10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract’s purpose, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4. The foregoing limitations of liability do not apply in cases of injury to life, body, or health, for a defect after assuming a guarantee for the product’s quality, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

11. Storage of the Contract Text
11.1. The customer can print the contract text before submitting the order to the seller by using their browser’s print function in the last step of the order.

11.2. The seller also sends the customer an order confirmation with all order details to the email address provided. With the order confirmation, or at the latest upon delivery of the goods, the customer also receives a copy of the General Terms and Conditions (GTC) along with the cancellation policy and information on shipping costs, delivery, and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the internet.

11.3 Customers who are entrepreneurs can receive the contract documents via email, in writing, or by reference to an online source.

12. Final Provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory legal provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the seller’s country of domicile. The seller reserves the right to choose another permissible place of jurisdiction.

12.2 In the case of entrepreneurs, the law of the Please select: [Federal Republic of Germany / Republic of Austria] applies, excluding the UN Sales Convention, as long as no mandatory legal provisions conflict with this.

12.3. The contract language is German.

12.4. European Commission’s platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Note: Please ensure that the link http://ec.europa.eu/consumers/odr/ is clickable. If you are obliged or should participate in a dispute resolution procedure before a consumer arbitration board, change the statement accordingly (“We are willing to resolve disputes with consumers before the following consumer dispute resolution body” or “We are obliged to resolve disputes with consumers before the following consumer dispute resolution body”) and provide the competent dispute resolution body along with its address.