Terms of service
A. General Terms and Conditions for Consumers
1. Scope
The following provisions apply exclusively to purchase contracts between the seller (entrepreneur/we) and the customer (consumer/buyer/you) under which a consumer purchases a movable item from an entrepreneur (consumer goods purchase pursuant to § 474 BGB).
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business or profession.
2. Contracting Party and Conclusion of Contract
The purchase contract is concluded with Razeco UG.
By placing the products in our online shop, we make a binding offer to enter into a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Delivery Conditions
a) The delivery time is approx. 3–5 days (days/weeks) from (conclusion of contract/receipt of order).
b) We deliver via our official logistics partner DHL together with a national transport partner such as Deutsche Post, which handles the last-mile delivery. We are not responsible for lost orders that are shipped to freight forwarding or parcel forwarding services that then ship the goods to another destination.
c) We bear the delivery costs for any order that contains at least one Razeco5 Starter Kit or three Razeco3.
d) The place of performance is the place of establishment of Razeco. Shipment of the goods to the place specified by you is part of the contract. We bear the risk of loss of the goods until handover.
You may choose a different shipping method. However, you as the buyer will bear any additional costs incurred as a result. These additional costs are also payable if you exercise a right of withdrawal.
e) If delivery is or becomes impossible, the statutory provisions shall apply.
f) Partial deliveries are permitted insofar as they are reasonable for you, whereby any additional shipping costs incurred shall be borne by us.
4. Payment
a) In our shop you can pay as follows:
Credit Card
During the order process, you enter your credit card details. Your card will be charged immediately after the order is placed.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information is provided during the order process.
b) The purchase price is due in full without deduction or discount upon delivery. You will be in default without any further declaration on our part if you have not paid 30 days after delivery.
In the event of defects, you shall not be entitled to a right of retention insofar as the retained amount is not in a reasonable proportion to the defects and the expected costs of subsequent performance (in particular defect rectification).
c) You agree that we may issue invoices exclusively in electronic form, which will be sent to the email address you have provided.
5. Right of Withdrawal
As a consumer, you generally have a statutory right of withdrawal in the case of distance contracts. You are informed about this below in accordance with the statutory model instructions on withdrawal:
Right of Withdrawal for Single Orders
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must inform us at the following address:
info@razeco.com
or
Razeco UG (haftungsbeschränkt)
Holsteinische Straße 16
10717 Berlin
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the sample withdrawal form below, which is not mandatory, however. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received your notification of withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees due to this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to:
Razeco UG (haftungsbeschränkt)
Holsteinische Straße 16
10717 Berlin
info@razeco.com
without undue delay and in any event no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties or functioning of the goods.
If you wish to withdraw from the contract, you can fill in and send us the following form (by post or email):
To [address or email]
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
5. Reservation of Self-Supply
We are entitled to withdraw from the contract if, despite having previously concluded a corresponding purchase contract ourselves, we do not receive the goods forming the subject of the delivery through no fault of our own. We will inform you without undue delay about the non-timely availability of the delivery item and, if we wish to withdraw, exercise our right of withdrawal without delay. You as the buyer shall also have a right of withdrawal as a result of this notification. In the event of withdrawal – regardless of by whom – we will immediately refund the consideration received.
7. Simple Retention of Title
The delivered goods remain our property until full payment has been made.
8. Warranty and Notification of Defects
a) The statutory provisions on liability for defects apply as a rule.
b) You are obliged to notify us of obvious defects in text form within 3 weeks of receipt of the goods; dispatch of the notification within this period is sufficient to meet the deadline. Defects occurring at a later date must be reported without undue delay. The defects must be described by you in as much detail as possible.
If you report a defect which, according to our inspection, does not exist, and you knew or due to negligence were mistaken about the non-existence of the defect at the time of reporting, you must compensate us for the damage incurred. Under the above provisions, we are in particular entitled to demand reimbursement from you of the expenses incurred by us, such as for inspection of the goods or for the repair you requested. You are entitled to prove that the reported defect does in fact exist and to prove that we have incurred no or less damage.
As our product is a hygiene item, withdrawal from the purchase contract is only possible if the product is in its original condition. This means that the packaging must be unopened and undamaged and the product must not have been used or altered in any way. This restriction serves to protect health and hygiene and is in line with the statutory provisions for such products.
In the case of a justified defect, we reserve the right to choose between rectification (repair) and replacement. If both options fail or are unreasonable, the customer may, at their discretion, demand a reduction in price or withdraw from the contract, provided that the aforementioned requirements relating to health and hygiene protection are met.
9. Liability and Exclusion of Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
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in the event of injury to life, limb or health,
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in the event of intentional or grossly negligent breach of duty,
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in the event of any guarantees given, where agreed, or
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where the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), our liability for simple and ordinary negligence by us, our legal representatives or vicarious agents is limited to the foreseeable damage typical for the contract.
Otherwise, claims for damages are excluded.
These limitations of liability do not apply if we have fraudulently concealed a defect or assumed a guarantee for the condition of the item.
10. Limitation of Liability for Delay/Force Majeure, Industrial Action
a) If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riots, pandemics, or similar events not attributable to us as the seller, e.g. strikes or lockouts, the deadlines shall be extended by the duration of such events and their effects.
b) In the event of delay in performance, we are liable in cases of intent or gross negligence on our part or that of a representative or vicarious agent as well as in the event of culpably caused injury to life, limb or health in accordance with the statutory provisions. In other cases of delay, our liability for damages in addition to performance is limited in total to 100% and for damages in lieu of performance (including reimbursement of futile expenses) to 100% of the value of the delivery. Further claims on your part are excluded – also after expiry of any deadline set by us for performance. The limitation and exclusion do not apply in the event of culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the contractual partner may regularly rely). The claim for damages for culpable breach of essential contractual obligations is limited to the typical foreseeable damage, unless another case within the meaning of sentence 1 exists. Your statutory right to withdraw from the contract remains unaffected.
c) These provisions do not entail any change in the burden of proof to your disadvantage.
12. Exclusion of the Right of Withdrawal and Duty to Declare
You may withdraw from the contract in accordance with the statutory provisions.
In the event of breaches of duty, you are obliged, upon our request, to declare within a reasonable period whether you will withdraw from the contract due to the breach of duty or insist on delivery. In the event of defects, however, the statutory provisions on withdrawal apply.
13. Shortening of Limitation Period (Consumer Goods Purchase)
a) Where a new or newly manufactured item is the subject of delivery, the limitation period for claims for defects – irrespective of the legal basis – is uniformly one year.
b) The limitation periods for damages claims under a) apply to all damages claims against us related to the defect – irrespective of the legal basis of the claim.
c) The above limitation periods apply, however, subject to the following:
The above limitation periods do not apply in cases of intent or fraudulent concealment of a defect or where we have assumed a guarantee for the condition of the delivery item. In such cases, the statutory limitation periods apply.
The above limitation periods for damages claims do not apply in the event of grossly negligent breach of duty, in the event of culpable breach of cardinal obligations not consisting in the delivery of a defective item (cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the contractual partner may regularly rely), in cases of culpably caused injury to life, limb or health or in the case of claims under the Product Liability Act. In such cases, the statutory limitation periods apply.
The limitation periods for damages claims also apply to claims for reimbursement of futile expenses.
d) The limitation period for all damages claims begins upon delivery.
f) Unless expressly agreed otherwise, the statutory provisions on the commencement of limitation periods, suspension, interruption and recommencement of limitation periods remain unaffected.
g) The above provisions apply correspondingly, insofar as they also apply to damages claims, to damages claims not related to a defect.
h) These provisions do not entail any change in the burden of proof to your disadvantage.
14. Subsequent Performance
In the event of a defect, we are entitled to subsequent performance in accordance with § 439 BGB before the further rights under § 437 BGB can be asserted. If you choose rectification (“repair”), this shall only be deemed to have failed after the second unsuccessful attempt. This does not apply if something else arises from the nature of the goods or the defect or from other circumstances, or if we refuse both types of subsequent performance pursuant to § 439 (4) BGB.
15. Storage Charges at Usual Rates/Additional Effort
If your default of acceptance leads to a delay in delivery, you must reimburse us for the usual storage costs for the duration of the delay. If the goods are stored on our own premises, we will charge the storage fees customary with us per day or part thereof of default of acceptance. We are also entitled instead to store the goods with an external forwarding agent and charge you the actual costs incurred for such storage. In this case, you bear the actual costs of the forwarding agent. Additional costs arising from special storage requirements (e.g. special packaging, climate control or security measures) will also be charged. Storage costs are charged from the first day of default of acceptance and are payable regardless of the duration of the delay. We reserve the right, after setting a reasonable deadline, to withdraw from the contract and claim damages if the default of acceptance persists for an unreasonably long time. It is expressly pointed out that storage costs in the event of default of acceptance may be significantly higher than regular storage fees and that it is in your interest not to delay acceptance of the goods.
16. Use of this Website
The user undertakes to use the website exclusively for lawful purposes and in accordance with these GTC. It is prohibited to use the website in a way that impairs, overloads or damages its functionality. The user must not upload, post or transmit any content that is unlawful, threatening, harassing, defamatory or otherwise objectionable. All rights to the content of the website, including texts, graphics, logos and software, remain our property or that of our licensors. The user agrees that we may use cookies and similar technologies to improve the functionality of the website and optimize the user experience. We reserve the right to modify, interrupt or discontinue access to the website at any time and without prior notice. The user is responsible for keeping their access data confidential and is liable for all activities carried out under their account. By using our website, the user agrees to these terms. In the event of violations of these terms of use, we reserve the right to take legal action.
17. Place of Jurisdiction
If you have no general place of jurisdiction in the Federal Republic of Germany, Berlin shall be the non-exclusive place of jurisdiction. If you move your residence or habitual abode after conclusion of the contract to a location outside Germany or if your residence or habitual abode is unknown at the time legal action is brought, the place of jurisdiction for actions against you [consumer as contracting party] shall be Berlin [e.g. the seat of the other contracting party = user]. Otherwise, the statutory places of jurisdiction apply. Exclusive places of jurisdiction, e.g. for dunning proceedings, remain unaffected.
18. Choice of Law
German law shall apply, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
Pursuant to Art. 6 (2) of the Rome I Regulation, this does not affect mandatory provisions of the law of the state of the consumer’s habitual residence if the buyer is a consumer and has their habitual residence in an EU member state or in a state of the European Economic Area (EEA) (“state of residence”), and if the user
a) pursues their professional or commercial activities in the state of residence, or
b) in any way directs such activities to this state of residence or to several states including this state of residence.
Application note for deliveries/services to entrepreneurs (purchase/sale GTC).
19. Changes to the GTC
We are entitled to amend these GTC at any time. In the event of changes that are not minor and may affect you, you will be notified by email. We will then inform you that it is important to object if you do not agree with the changes. If we do not receive such an objection within thirty (30) calendar days after notification of the changes, we will assume that you agree with the changes. We will also assume that you accept the changes if you enter into a contract with us for the products, e.g. by ordering products after the new terms have been communicated. The latest version of the GTC will be made available on the website.
B. General Terms and Conditions for All Who Are Not Consumers under Section A
The following provisions apply exclusively to business relationships between the user (seller/user/we) and the customer (also an entrepreneur/you/buyer). They expressly do not apply in dealings with consumers (§ 13 BGB). They also do not apply to construction and property development contracts.
1. Contracting Party and Conclusion of Contract
The purchase contract is concluded with Razeco UG.
By placing the products in our online shop, we make a binding offer to enter into a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
2. Delivery Conditions
a) The place of performance is the place of establishment of Razeco UG (haftungsbeschränkt). Shipment of the goods to the place specified by you is part of the contract. We bear the risk of loss of the goods until handover.
b) We deliver via our official logistics partner DHL together with a national transport partner such as Deutsche Post, which handles the last-mile delivery. We are not responsible for lost orders that are shipped to freight forwarding or parcel forwarding services that then ship the goods to another destination.
c) We bear the delivery costs.
d) You may choose a different shipping method. The buyer bears any additional costs incurred. These additional costs are also payable if the buyer exercises a right of withdrawal.
For items that cannot be sent by regular post or that require special shipping (bulky goods, batteries and others), additional shipping costs will be charged.
e) If delivery is or becomes impossible, the statutory provisions shall apply.
f) Partial deliveries are permitted, with any additional shipping costs incurred borne by us.
3. Payment
a) In our shop, payment may be made as follows:
Credit Card
During the order process, the buyer enters their credit card details. The card will be charged immediately after the order is placed.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), the buyer must be registered with PayPal, log in with their access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information is provided to the buyer during the order process.
c) The buyer agrees that we may issue invoices exclusively in electronic form, which will be sent to the email address provided.
4. Reservation of Self-Supply
The seller is entitled to withdraw from the contract if, despite having previously concluded a corresponding purchase contract themselves and observing commercial due care, they do not receive the goods forming the subject of the delivery through no fault of their own. The seller will inform the buyer without undue delay about the non-timely availability of the delivery item and, if they wish to withdraw for this reason, exercise the right of withdrawal without delay. The buyer also has a right of withdrawal as a result of the seller’s notification. In the event of withdrawal – regardless of by whom – the seller will refund the consideration received without delay.
5. Payment Terms and Reservation of Subsequent Performance
The seller is entitled to demand advance payments of 50 percent of the value of the services provided by the buyer. The remaining remuneration is due upon delivery of the goods, unless statutory provisions stipulate an earlier due date.
The buyer shall be in default, without any further declaration on the part of the seller, 14 days after receiving a corresponding proper payment request for the advance payments and 14 days after the final invoice.
In the event of defects, the buyer shall only be entitled to a right of retention in a proportionate amount that is reasonable in relation to the defects and the expected costs of subsequent performance, in particular defect rectification.
6. Comprehensive Retention of Title
(1) The delivery item remains the property of the seller until all claims arising from the business relationship with the buyer have been satisfied.
(2) The buyer is not permitted to process or transform the delivery item (“processing”).
(3) In the event of resale of the delivery item or new goods, the buyer hereby assigns to the seller, who accepts this assignment, as security all claims arising from the resale against their customer, including all ancillary rights, without the need for any further special declarations. The assignment also includes any balance claims. However, the assignment is limited to the amount corresponding to the price of the delivery item invoiced by the seller. The portion of the claim assigned to the seller is to be satisfied with priority.
(4) Until revoked, the buyer is authorized to collect the claims assigned to the seller. The buyer shall immediately forward payments received on the assigned claims up to the amount of the secured claims to the seller. In the event of legitimate interests, in particular default of payment, suspension of payments, opening of insolvency proceedings, protest of a bill of exchange or substantiated indications of overindebtedness or impending insolvency of the buyer, the seller is entitled to revoke the buyer’s collection authority. Furthermore, the seller may, after prior warning and allowing a reasonable period, disclose the security assignment, realize the assigned claims and demand that the buyer disclose the security assignment to their own customers.
(6) If a legitimate interest is credibly demonstrated, the buyer is obliged to provide the seller with the information required to assert the seller’s rights against the customers and to hand over the necessary documents.
(7) For the duration of the retention of title, the buyer is prohibited from pledging or assigning the goods as security. In the event of seizures, confiscations or other dispositions or interventions by third parties, the buyer must notify the seller without delay. Resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only on the condition that payment of the value of the delivery item is made to the buyer. The buyer must also agree with the customer that ownership is only transferred to the customer upon this payment.
(8) If the realizable value of all security rights to which the seller is entitled exceeds the total amount of all secured claims by more than 10%, the seller shall, at the buyer’s request, release a corresponding portion of the security rights. It is presumed that the conditions of the previous sentence are met if the estimated value of the securities to which the seller is entitled reaches or exceeds 150% of the value of the secured claims. The seller has the right to choose between different security rights to be released.
(9) In the event of breaches of duty by the buyer, in particular default of payment, the seller is entitled, without setting a deadline, to demand the return of the delivery item or new goods and/or – if necessary after setting a deadline – to withdraw from the contract; the buyer is obliged to surrender the goods. The demand for return of the delivery item/new goods does not constitute a declaration of withdrawal by the seller, unless this is expressly stated.
7. Exclusion of Minor Defects
Claims based on defects do not exist in the case of only insignificant deviation from the agreed quality or only insignificant impairment of usability.
8. Obligation to Inspect and Notify Defects under § 377 HGB for Purchase Contracts
Immediately upon receipt of products, the customer must examine whether they correspond in quantity and type to the order and whether externally visible transport damage or externally visible defects are present. § 377 HGB applies.
9. Exclusion of New Delivery and Number of Rectification Attempts
Within the scope of subsequent performance, the seller is in no case obliged to deliver or manufacture new goods. The right to choose between rectification and new delivery [new performance] always rests with the seller. The buyer’s request for subsequent performance must be made in text form. The seller must be granted a period of at least 14 (days/weeks) for subsequent performance. If the _____ (delivery/service) is to be rectified, rectification shall only be deemed to have failed after the second unsuccessful attempt at rectification. If subsequent performance fails, the buyer has the right to reduce the price or – if the subject of liability for defects is not a construction service – to withdraw from the contract at their discretion. The statutory provisions regarding cases in which the setting of a deadline is unnecessary remain unaffected. The application of §§ 445a, 445b, 478 BGB (seller’s right of recourse) remains unaffected. The buyer’s right to claim damages in accordance with the statutory provisions also remains unaffected.
10. Costs of Unjustified Notification of Defects
Without prejudice to further claims by the seller, the buyer must reimburse the seller for the expenses incurred for inspection and – where requested – elimination of the defect in the event of an unjustified notification of defects.
11. Exclusion of Liability (Without Delay/Impossibility)
(1) The seller is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent as well as in case of culpable injury to life, limb or health in accordance with statutory provisions. In cases of gross negligence, the seller’s liability is limited to the typical, foreseeable damage, unless another of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph (1) applies at the same time. In all other respects, the seller is liable only under the Product Liability Act, for culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the contractual partner may regularly rely), or where the seller has fraudulently concealed a defect or assumed a guarantee for the condition of the delivery item. The claim for damages for breach of essential contractual obligations is, however, limited to the typical, foreseeable damage, unless another of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph (1) applies.
(2) The provisions of the preceding paragraph (1) apply to all claims for damages (in particular damages in addition to performance and damages in lieu of performance), irrespective of the legal basis, in particular due to defects, breach of duties arising from the contractual relationship or tort. They also apply to claims for reimbursement of futile expenses.
(3) These provisions do not entail any change in the burden of proof to the disadvantage of the principal.
12. Limitation of Liability for Delay in Delivery
The seller is liable for delay in performance in cases of intent or gross negligence on the part of the contractor, its representatives or vicarious agents as well as in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, the contractor’s liability is limited to the typical, foreseeable damage. Outside the cases mentioned in sentences 1 and 2, the contractor’s liability for delay damages is limited to a total of 5% and for damages in lieu of performance (including reimbursement of futile expenses) to a total of 5% of the value of the _____ (delivery/service). Further claims of the buyer are excluded – also after expiry of a deadline for performance. This limitation of liability does not apply in the event of breach of essential contractual obligations which are a prerequisite for the performance of the contract. In such cases, liability is limited to the typical, foreseeable damage, unless a breach within the meaning of sentence 1 exists. The buyer’s right to withdraw remains unaffected, and the burden of proof is not altered to the buyer’s disadvantage.
13. Limited Liability in Case of Impossibility
The seller is liable in cases of impossibility of the _____ (delivery/service) due to intent or gross negligence on the part of the seller or a representative or vicarious agent as well as in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, the seller’s liability is limited to the typical, foreseeable damage, unless another of the exceptions listed in sentence 1 exists. Outside the cases in sentences 1 and 2, the seller’s liability for damages and reimbursement of futile expenses due to impossibility is limited to a total of 5% of the value of the _____ (delivery/service). Further claims by the buyer due to impossibility of delivery are excluded – also after expiry of any deadline for performance set for the seller. The limitation and exclusion do not apply in the event of culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the contractual partner may regularly rely). The claim for damages for culpable breach of essential contractual obligations is, however, limited to the typical, foreseeable damage, unless another case under sentence 1 exists. The buyer’s right to withdraw from the contract remains unaffected. These provisions do not entail any change in the burden of proof to the disadvantage of the buyer.
14. Shortening of Limitation Periods for Purchase Contracts for New Goods
(1) The limitation period for claims and rights relating to defects in the _____ (deliveries/services) – irrespective of the legal basis – is one year. This does not apply in the cases of § 438 (1) no. 1 BGB (defects of title concerning immovable property), § 438 (1) no. 2 BGB (buildings, items for buildings) or § 634a (1) no. 2 BGB (buildings or work whose result consists in the provision of planning or supervision services for them). The cases excluded in sentence 2 are subject to a limitation period of three years. However, the provisions of this § 14 do not apply to the limitation of the seller’s right of recourse under § 445b (1) BGB where the final purchaser is a consumer.
(2) The limitation periods under paragraph 1 also apply to all damages claims against the seller that are connected with the defect – regardless of the legal basis of the claim.
(3) The limitation periods under paragraphs 1 and 2 shall, however, apply subject to the following:
The limitation periods do not apply in cases of intent or fraudulent concealment of a defect or where the seller has assumed a guarantee for the condition of the delivery item. In such cases, the statutory limitation periods apply.
The limitation periods for damages claims also do not apply in the event of grossly negligent breach of duty, in the case of culpable breach of cardinal obligations not consisting in the delivery of a defective item (cardinal obligations are obligations whose fulfillment enables the proper performance of the contract in the first place and on whose observance the contractual partner may regularly rely), in cases of culpably caused injury to life, limb or health or for claims under the Product Liability Act. In such cases, the statutory limitation periods apply.
The limitation periods for damages claims also apply to claims for reimbursement of futile expenses. In such cases, the statutory limitation periods apply.
(4) The limitation period begins for all claims upon delivery.
(5) Unless expressly agreed otherwise, the statutory provisions on commencement of limitation periods, suspension, interruption and recommencement of limitation periods remain unaffected.
(6) The above provisions apply correspondingly to damages claims that are not related to a defect; for the limitation period, paragraph 1 sentence 1 applies.
(7) These provisions do not entail any change in the burden of proof to the disadvantage of the buyer.
15. Storage Charges at Usual Rates/Additional Effort
If the buyer’s default of acceptance leads to a delay in delivery, the buyer must reimburse the seller for the usual storage costs of _____ [the forwarding agent] for the duration of the delay. The seller is also entitled instead to store the goods with a forwarding agent and charge the buyer for the actual costs of such storage. Without further proof, additional costs of 1.0% of the purchase price per month or part thereof may be claimed. The buyer may prove that the seller has incurred no or less damage.
16. Prohibition of Assignment
The buyer (contractual partner of the user) may only assign claims arising from this contract with the consent of the seller (user).
17. Use of this Website
The user undertakes to use the website exclusively for lawful purposes and in accordance with these GTC. It is prohibited to use the website in a way that impairs, overloads or damages its functionality. The user must not upload, post or transmit any content that is unlawful, threatening, harassing, defamatory or otherwise objectionable. All rights to the content of the website, including texts, graphics, logos and software, remain our property or that of our licensors. The user agrees that we may use cookies and similar technologies to improve the functionality of the website and optimize the user experience. We reserve the right to modify, interrupt or discontinue access to the website at any time and without prior notice. The user is responsible for keeping their access data confidential and is liable for all activities carried out under their account. By using our website, the user agrees to these terms. In the event of violations of these terms of use, we reserve the right to take legal action.
18. Place of Jurisdiction
For all disputes arising from the contractual relationship, if the buyer (contracting partner of the user) is a merchant, a legal entity under public law or a special fund under public law, legal action must be brought before the court having jurisdiction over the seat of the _____ (user). The _____ (user) is also entitled to bring an action at the principal place of business of the customer.