terms and conditions

General terms and conditions for a web shop

Status: June 2022

Legal notices for use:

The entrepreneur concludes a large number of contracts in the course of his business activity. The Munich and Upper Bavarian Chamber of Industry and Commerce provides sample contracts to provide guidance.

This contract form was created with the utmost care, but does not claim to be complete or correct. It is to be understood as a checklist with formulation aids and is only intended to offer a suggestion as to how the typical interests between the parties can be properly balanced. However, this does not release the user from the careful independent examination.

For reasons of linguistic simplification, the genders are not named where a gender-neutral formulation was not possible. In these cases, the masculine terms used include the feminine forms as well.

The model contract is only a suggestion for a possible regulation. Many definitions are freely agreeable. The user can also choose other formulations. Before accepting the unchanged content, it is therefore in your own interest to carefully consider whether and in what parts an adjustment to the specific situation to be regulated and legal developments is necessary.

Of course, the Chamber of Industry and Commerce has no influence on this process and can therefore naturally assume no liability for the effects on the legal position of the parties. Liability for slight negligence is also fundamentally excluded.

If you need a tailor-made contract, you should seek advice from a lawyer you trust.

 

 

 

General terms and conditions for a web shop

 

1. scope
2. contractor
3. conclusion of contract
4. right of withdrawal
5. prices and shipping costs
6. delivery
7. payment
8. retention of title
9. dispute resolution

Terms of Service

1. scope
   These general terms and conditions apply to all deliveries from DemoShop eK (hereinafter DemoShop) to consumers.
   A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
2. contractor
   The purchase contract is concluded with DemoShop eK, owner: Max Muster, Demostr. 1, 12345 Demostadt, commercial register: district court Demostadt, HRA 12345.
3. conclusion of contract
   • The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order.
   • By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.
4. right of withdrawal
   • If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
   • If you, as a consumer, make use of your right of withdrawal according to Section 4.1, you have to bear the regular costs of the return.
   • For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal
     
     
     
     
     
     Cancellation policy [1]
     
     right of withdrawal
     
     You have the right to withdraw from this contract within fourteen days without giving any reason.
     
     The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
     
     In order to exercise your right of withdrawal, you must [enter the name of the entrepreneur, address, telephone number and e-mail address] by means of a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract, inform. You can use the attached sample revocation form for this, but this is not mandatory. You can electronically fill out and submit the model revocation form or any other clear statement on our website (insert Internet address). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
     
     To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
     
     Consequences of revocation
     
     If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
     
     You have the goods immediately and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract, to us or to (here may be the name and address of the person authorized by you to accept the goods insert) to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
     
     You bear the direct costs of returning the goods.
     
     You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
     
     - End of revocation -
     
     copyright

   • The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.

     Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately

5. prices and shipping costs
   • The prices stated on the product pages include statutory VAT and other price components.
   • In addition to the prices stated, we charge a flat rate of ____ euros per order for delivery within Germany. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.
   • When paying by cash on delivery, an additional fee of ____ euros is due, which the deliverer charges on site. There are no other taxes or costs.
6. delivery
   • Delivery is only within Germany with ____.
   • The delivery time is up to 3 days. Any deviating delivery times are indicated on the respective product page.
7. payment
   • Payment can be made either in advance or cash on delivery.
   • If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
8. retention of title
   The goods remain our property until full payment has been made.
9. dispute resolution
   The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are willing to participate in a dispute settlement procedure before a consumer arbitration board to settle disputes with consumers or are obliged to do so in accordance with ____ (statement of the legal norm or contractual agreement). The responsible consumer arbitration board is: Universal Arbitration Board of the Federal Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. To settle the disputes mentioned, we will participate in a dispute settlement procedure before this body.
   
   Alternatively:

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

Source: Online trade, guide to the legal framework of e-commerce, taking into account the new consumer law, by lawyer Dr. Carsten Föhlisch/Trusted Shops GmbH and attorney Dr. Christian Groß/DIHK German Chamber of Industry and Commerce, DIHK Verlag, 2nd edition 2018 ( www.dihk-verlag.de )

Note: The pattern is published with the kind permission of the authors.

The cancellation policy has been updated and corresponds to the current status as of May 28, 2022 in accordance with Annex 1 to Art. 246 a § 1 paragraph 2 sentence 2 EGBGB. (Appendix 1 newly created mWv 13.6.2014 by law of 20.9.2013 (Federal Law Gazette I p. 3642); amended mWv 21.3.2016 by law of 11.3.2016 (BGBl. IS 396); amended mWv May 28, 2022 by law of August 10, 2021 (Federal Law Gazette I p. 3483)).

[1] This cancellation policy applies from May 28, 2022 . It does not apply to the separate delivery of goods. There is a separate template for this www.ihk-muenchen.de/mustervertraege/ .