§ 2 Offer, conclusion and subject of the contract
(1) The descriptions of products, that can be viewed in the Seller's online shop, are not binding offers by the Seller to conclude purchase contracts, but rather serve initially only as an invitation for a Customer to submit a binding offer.
(2) The binding offer can then be submitted by the Customer via the online order form provided in the online shop. To do this, the Customer places the selected goods in the digital shopping cart and goes through the specified ordering process. He completes this by clicking on the button concluding the order process and, with this click, submits his legally binding purchase offer to the Seller, relating to the products contained in the digital shopping cart.
(3) The Seller has the opportunity to accept the offer within five working days. This can be done by:
- a. sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive for its effectiveness, or
- b. shipping/handing over the ordered goods to the Customer, whereby the receipt of the goods by or the acceptance of the goods by the Customer is decisive for the effectiveness, or
- c. sending a request for payment to the Customer.
If several of the above alternatives apply, the contract is concluded at the time when the first alternative is fulfilled. The acceptance period for the Seller begins with the day after the Customer's submission of the offer; it ends at the end of the fifth working day following the dispatch of the Customer's offer. If there is no timely acceptance, the Customer is no longer bound by his offer and the belated acceptance is considered a new offer to the Customer, which the Customer can accept within five working days of receipt, by
- a. sending a declaration of acceptance to the Seller at least in text form (receipt by the Seller is decisive), or
- b. paying the purchase price.
If several of the above alternatives apply, the contract is concluded at the time when the first alternative is fulfilled.
(4) If the Customer selects one of the payment methods offered by PayPal as a payment method, the payment transaction is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal").
(5) If the Customer selects one of the payment methods offered by PayPal as a payment method, the Seller declares – by way of derogation from the above regulations – that the Customer’s purchase offer will be accepted at the time when the Customer clicks on the button concluding the order process.
(6) If the contract is concluded via the online order form, the text of the contract will be stored after the conclusion of the contract and will be sent to the Customer once after the order has been sent in text form (e.g. e-mail, fax or letter). The Seller does not make the text of the contract available beyond this. Only if the Customer also sets up a customer account in the online shop when ordering, he can still view his purchases via the account afterwards, at least until the contracts are settled. To do this, the Customer needs their access data to the password-protected account.
(7) Prior to the binding submission of the order, the Customer can identify any input errors by clicking on the final button in the online order form by carefully reading the information displayed on the screen. As a technical means of finding any input errors, the Customer can use the magnification function of the browser. Input errors can be eliminated or entries can be adjusted until the Customer has clicked the button to complete the order process; this can be done via the usual keyboard and mouse functions.
(8) Order processing and contact are usually made by e-mail or through automated functions of the online shop. The Customer must therefore carefully check his entries and ensure that they are all true, as well as ensure that the e-mail address provided by him for order processing has been entered without errors and that he can actually receive e-mails sent by the Seller at this address. The Customer must also configure any SPAM filters used in such a way that all e-mails sent by the Seller or by third parties commissioned by the Seller – relating to the processing of the order – can also be delivered.
(9) Information provided by the Seller on the purchased item (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as the representations of the same (e.g. drawings and illustrations, in particular in the article description in the online shop) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible, provided that they do not impair the usability for the contractually intended purpose.