(2) Deviating general terms and conditions of the customer are rejected.
(2) By sending the order in the Internet store, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely applicable to the legal relationship with the provider.
(3) The provider confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance.
(2) The limitation period for warranty claims of the customer is 1 year for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse against entrepreneurs in accordance with § 478 BGB is also excluded from the shortening of the limitation periods.
(3) A guarantee is not declared by the provider.
(2) Excluded from the exclusion of liability set out in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) The provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
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