General delivery conditions for internet sales

1. General, customers, language
(1) All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter referred to as customers) via our online shop (hereinafter referred to as the “online shop”) are subject to these general terms and conditions.
(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these general terms and conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB) and (ii) is an “entrepreneur” a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity (Section 14 (1) BGB).
(3) The customer’s terms and conditions do not apply, even if we do not separately contradict their validity in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English language side of the online shop. If the customer orders via our German-language website, only the German version of these general terms and conditions is relevant. If the order is placed via our English-language website, only the English version of these General Terms and Conditions is authoritative.
2. Conclusion of contract
(1) Our offers in the online shop are non-binding. 
(2) By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer up to the end of the (third) working day following the day of the offer. 
(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute an acceptance of the offer. The offer is only considered to have been accepted by us as soon as we declare acceptance to the customer (by email) or send the goods. The purchase contract with the customer is only concluded with our acceptance. 
(4) Every customer who is a consumer is entitled to cancel the offer in accordance with the special cancellation and return instructions that are communicated to him in the context of the order on our website and to return the goods. 
3. Prices and Payment
(1) Our prices include the statutory sales tax, but not shipping costs. Customs duties and similar charges are to be borne by the customer. 
(2) Unless otherwise expressly agreed, we only deliver against prepayment (in the manner specified on the order form in the online shop). 
(3) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established. 
4. Deadlines for the dispatch of the goods, sales, partial deliveries
(1) All deadlines specified by us in the order or otherwise agreed for the dispatch of the goods begin (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including sales tax and shipping costs) or (b) if payment cash on delivery or on account is agreed on the day the purchase contract is concluded. The day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date. 
(2) The deadlines specified by us for the dispatch of the goods are only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed. If no deadline or date for dispatch is specified or otherwise agreed, dispatch within (five) working days is deemed to have been agreed. 
(3) If the customer has bought several separately usable products in one order, we can also send them in several separate deliveries, whereby we bear the additional shipping costs caused by this. The legal rights of the customer with regard to timely and proper delivery are not limited by this. 
5. Type and duration of dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we will determine the appropriate type of dispatch and the transport company at our discretion. 
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding. 
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, if we only owe the shipment, the risk is transferred to the customer when the goods are delivered to the transport company. 
(4) We will insure the goods against the usual transport risks at our expense. 
6. Retention of title
(1) We reserve the title to the goods delivered by us until the purchase price (including sales tax and shipping costs) has been paid in full for the goods in question. 
(2) Without our prior written consent, the customer is not entitled to dispose of ownership of the goods delivered by us that are still subject to retention of title (“goods subject to retention of title”). The disposal of the customer’s legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our right of ownership. 
(3) The customer will treat the reserved goods with care. 
(4) If third parties – in particular by bailiffs – gain access to the goods subject to retention of title, the customer will point out our ownership and notify us immediately so that we can enforce our property rights.
(5) In the event of default in payment, we are entitled to demand the return of the reserved goods, provided we have withdrawn from the contract.
7. Warranty
(1) If the delivered goods are defective, the customer can first request us to remedy the defect or to deliver goods free of defects. If the customer is an entrepreneur, however, we can choose between remedying the defect or delivering a defect-free item; this choice can only be made by notifying the customer in text form (also by fax or email) within three working days of receipt of the notification of the defect. 
(2) If the subsequent performance according to Paragraph 1 fails or is unreasonable for the customer or if we refuse supplementary performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to demand compensation or reimbursement of his futile expenses. However, the special provisions of no. 9 of these general terms and conditions. 
(3) The warranty period is two years from delivery. 
(4) The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within (five) working days after delivery or (ii) otherwise within five working days after discovery of the defect. 
8. Liability
(1) Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.  
9. Data protection
We are only allowed to process and save the data relating to the respective sales contracts within the framework of the applicable legal regulations. The details can be found in the data protection declaration available on our website.
10. Applicable law and place of jurisdiction
(1) The sales contract between us and the customer is subject to mandatory international private law provisions of the law of the Federal Republic of Germany to the exclusion of the UN sales law. However, if the customer is a consumer and he has his habitual residence in another country, he is protected according to the relevant provisions of the country of residence, which cannot be deviated from by agreement. 
(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (place) have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer can bring an action before any court competent on the basis of statutory provisions. 
Right of withdrawal   Right of withdrawal   You have the right to cancel 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 has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (johnmoni GbR, Konstanzer Str39 10709 Berlin about your decision by means of a clear declaration (e.g. a letter sent by post, fax, e-mail or form in the customer area) To revoke the contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.   Consequences of the withdrawal   If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid 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 will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. 
Model withdrawal form   (If you want to cancel the contract, please fill out this form and send it back.)    

·         To johnmoni GbR, address Berlin :
·         I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following good.
·         Ordered on (*) / received on (*).
·         Name of the consumer (s).
·         Address of the consumer (s).
·         Signature of the consumer (s) (only when notified on paper).
·         Date.
(*) Delete as appropriate