§ 1 SCOPE OF APPLICATION, CUSTOMER INFORMATION
The following General Terms of Business (GTBs) govern the contractual relationship between Beefer Grillgeräte GmbH (http://shop.beefer-grillgeraete.de) and the consumers and companies who purchase products from our shop. Any terms of business which oppose or differ from our General Terms of Business shall explicitly not apply. The contractual language is deemed to be German. [The English translation is provided merely for information purposes.]§
§ 2 CONTRACT CONCLUSION
1 The offers on the website represent a non-binding invitation for you to purchase products.(2) You may place one or more products in the shopping cart. During the order process, you may enter your data and wishes regarding payment method, delivery specifications, etc. Only once you click the order button do you submit a binding offer to conclude a purchase contract. You may also submit a binding order by telefax. The immediate confirmation of receipt of the order sent by email or telefax does not constitute acceptance of your purchase offer.(3) We are entitled to accept your offer within one working day by sending an order confirmation by email or telefax. Your offer shall be deemed rejected upon ineffectual expiry of the period indicated in Clause 1, i.e. you shall then no longer be bound to your offer.
§ 3 CUSTOMER INFORMATION: STORAGE OF YOUR ORDER DATA
We shall store your order including details pertaining the contract concluded (e.g. type of product, price, etc.). We shall also send you the GTBs; however, you may also view the GTBs at any time after contract conclusion via our website. As a registered customer, you may access your previous orders via the customer login area (My Account).
§ 4 CUSTOMER INFORMATION: CORRECTION NOTICE
You may rectify your entries at any time before submitting the order using the delete key. We shall inform you about further possibilities to correct your data during the order process. You may also terminate the order process completely at any time by closing the browser window.
§ 5 LIMITATION PERIOD OF YOUR WARRANTY CLAIMS
(1) Statutory warranty rights apply to our products…
(2) GUARANTEE TO CONSUMERS FOR USED PRODUCTS
our claims arising due to defects in used products shall expire one year after transfer of the sold product to you. This provision excludes claims for compensation, claims arising due to defects that we have concealed in bad faith, and claims arising from a guarantee which we have assumed for the condition of the item. The statutory limitation periods shall apply for these excluded claims.
(3) GUARANTEE TO COMPANIES
Your warranty claims arising due to defects in the purchased product shall expire after one year from the transfer of risk. This provision excludes claims for compensation, claims arising due to defects that we have concealed in bad faith, and claims arising from a guarantee which we have assumed for the condition of the item. The right of recourse pursuant to Section 478 BGB (German Civil Code) is likewise excluded. The statutory limitation periods shall apply for these excluded claims.
§ 6 LIMITATION OF LIABILITY
We shall not accept liability for slightly negligent breaches of duty, insofar as they do not concern any essential contractual duties, damages arising from loss of life, bodily injury or harm to health, guarantees or claims pursuant to the Product Liability Act (ProdHaftG). The same applies for breaches of duty attributable to our vicarious agents and our legal representatives. The essential contractual duties include in particular the duty to transfer the item and ownership thereof to you. In addition, we undertake to transfer the item to you in a condition free from material defects and defects of title.§ 7
The exclusive jurisdiction for all disputes arising from this contract is our registered office, insofar as you are a merchant.