Disclaimer: The following template is from a solicitor (https://drschwenke.de) has been created according to 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 check particularly carefully and adapt if necessary. Please remove the notes after processing. If in doubt, seek legal advice. Copyright: You may use the template within the domain/website as long as your Marketpress license is also valid for it. Passing it on to third parties, including customers (e.g. as a developer), is not permitted.
General Terms and Conditions with Customer Information
1. Scope
2. Offers and Descriptions of Services
3. Order Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment terms
7. Retention of Title
8. Warranty for Defects and Guarantee
9. Liability
10. Storage of the contract text
11. Final Provisions
1. Scope
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“), the following terms and conditions, in the version valid at the time of the order, shall apply exclusively.
1.2. You can reach our customer service for questions, complaints, and claims on weekdays from [9:00 AM] to [6:00 PM] by telephone at [0221-12345] or by e-mail at [name@domain.de].
1.3. A consumer, for the purposes of these terms and conditions, is any natural person who enters into a legal transaction for a purpose that cannot be predominantly attributed to either their commercial or their independent professional activity (§ 13 of the German Civil Code).
1.4. Any deviating terms of the customer are not recognised unless the seller expressly agrees to their validity.
2. Offers and Descriptions of Services
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogues and on the seller's websites do not constitute assurances or guarantees.
All offers are valid „while stocks last“, unless otherwise stated for the products. Otherwise, errors and omissions excepted.
Note: Please enter the applicable button labels below.
3. Order Process and Contract Conclusion
3.1. The customer may select products from the seller's range without obligation and add them to a so-called shopping basket via the [Add to Basket] button. Within the shopping basket, the product selection can be modified, e.g. deleted. Subsequently, the customer can proceed to complete the order process within the shopping basket via the [Proceed to Checkout] button.
3.2. By clicking the [place binding order] button, the customer submits a binding offer to purchase the goods in the shopping basket. Before sending the order, the customer can view and amend the data at any time, as well as return to the shopping basket using the browser's „back“ function or cancel the ordering process altogether. Mandatory fields are marked with an asterisk (*).
3.3. The seller will then send the customer an automatic acknowledgement of receipt by email, which will list the customer's order again and which the customer can print out using the „Print“ function (order confirmation). The automatic acknowledgement 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 dispatches the ordered product to the customer within 2 days, hands it over, or confirms dispatch to the customer within 2 days with a second email, express order confirmation, or dispatch of the invoice.
3.4. If the seller offers advance payment, the contract is concluded upon provision of bank details and payment request. If payment is not received by the seller within 10 calendar days of dispatch of the order confirmation, despite the due date and a renewed request, the seller shall withdraw from the contract, with the consequence that the order is void and the seller has no obligation to deliver. The order is then considered settled for the buyer and seller without further consequences. Therefore, items are reserved for advance payments for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices listed on the seller's website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. Where advance payment is agreed, delivery will be made upon receipt of the invoice amount.
5.2. If delivery of the goods fails despite three delivery attempts due to the buyer's fault, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
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, offer them the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any payments already made by the customer immediately.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the product description.
6. Payment terms
6.1. The customer can choose from the payment methods available within and before completing the order process. Customers will be 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 of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g. PayPal, their terms and conditions shall apply.
6.4. If the due date of payment is determined by the calendar, the customer shall be in default by missing the date. In this case, the customer shall pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.
6.6. The customer may only set off claims if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
Until full payment has been received, the delivered goods remain the property of the seller.
8. Warranty for Defects and Guarantee
8.1. The warranty shall be governed by statutory provisions.
8.2. A warranty is provided for goods supplied by the seller only if it has been expressly given. Customers will be informed of the warranty conditions before the ordering process begins.
9. Liability
9.1. Without prejudice to the other statutory requirements for claims, the following exclusions and limitations of liability shall apply to the seller's liability for damages.
9.2. The seller is liable without limitation for damage caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller shall only be liable for foreseeable, contractually typical damage. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The aforementioned limitations of liability do not apply in cases of injury to life, body, or health, for a defect after the assumption of a guarantee for the quality of the product, and for defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print the contract text before submitting the order to the seller by using the print function of their browser in the final step of the order.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by them. With the order confirmation, or at the latest upon delivery of the goods, the customer will also receive a copy of the GTC together with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your submitted orders in your profile area. Furthermore, we will store the contract text, but will not make it accessible on the internet.
Note: Please note below that the link http://ec.europa.eu/consumers/odr/ to be clickable
11. Final Provisions
11.1. The place of jurisdiction and place of performance shall be the seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The language of the contract is German.
11.3. European Commission Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.