Terms of service

General Terms and Conditions

for silicagelshop.de


1. scope of application
1.1 The services of the provider for the online store at the URL shall be provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
1.2 Our General Terms and Conditions apply exclusively. Terms and conditions of the customer that deviate from our General Terms and Conditions shall not be valid unless we expressly agree to them.

2 Exclusion of consumers

We do not conclude contracts with consumers. All prices on the website are - subject to deviating information - plus statutory value added tax.

3. conclusion of contract
Our offers on the Internet represent a non-binding invitation to the customer to order goods. The confirmation of receipt of the order follows immediately after the order is sent and does not constitute acceptance of the contract. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by you is decisive, or by delivering the ordered goods, in which case the receipt of the goods by you is decisive, or by requesting payment after the order has been placed (e.g. in the case of PayPal payment). If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.

4. payment, default
The prices listed on our website at the time of the order shall apply. If the purchaser defaults on payment, we shall be entitled to charge interest on arrears at a rate of five percentage points above the prime rate of the European Central Bank. In the event that we claim further damages for default, the customer shall have the opportunity to prove that the claimed damages for default were not incurred at all or were incurred in a lower amount.

5 Retention of title
5.1 The supplier retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
5.2 The customer is entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the supplier in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The authority of the provider to collect the receivables himself remains unaffected. However, the supplier will not collect the receivables as long as the customer meets his payment obligations to the supplier, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

6 Delivery
6.1 Delivery is generally made within 10 working days after outgoing payment by the customer. We will indicate any deviating delivery times on the respective product page. The start of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer, in particular the correct specification of the delivery address in the context of the order.
6.2 If the Provider is not able to deliver the ordered goods through no fault of its own because the Provider's supplier does not fulfill its contractual obligations, the Customer shall be informed immediately that the ordered goods are not available. Already rendered counter-performances of the contractual partner will be refunded immediately. The customer's statutory claims shall remain unaffected.
6.3 The risk of deterioration or loss of the goods shall pass to the customer upon handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the date of notification that the delivery item is ready for dispatch.

7. default of acceptance
7.1 If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the supplier had given him reasonable prior notice of the service.
7.2 Interest shall be charged on the purchase price during the period of default. The default interest rate shall be five percentage points per annum above the base interest rate.
7.3 For its part, the customer shall have the right to prove that no damage or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

8 Warranty
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this

- an insignificant defect shall in principle not give rise to any claims for defects;

- the supplier has the choice of the type of supplementary performance;

- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- in the case of used goods, rights and claims based on defects are generally excluded;

- the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.

8.1 The above-mentioned limitations of liability and shortening of the period of limitation shall not apply to
- to items which have been used in accordance with their customary use for a building and have caused its defectiveness,
- for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
- for other damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as

- in the event that the provider has fraudulently concealed the defect.

8.2 The statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
8.3 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

9 Liability
9.1 The Supplier shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1.1 The Provider shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a warranty promise, unless otherwise regulated in this respect, or on the basis of mandatory liability such as under the Product Liability Act.
9.1.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
9.1.3 Any further liability of the Provider is excluded.
9.1.4 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
9.2 The Customer shall indemnify the Provider against any claims of third parties - including the costs for legal defense in their legal amount - which are asserted against the Provider due to actions of the Customer which are contrary to law or to the contract.

10. final provisions
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer is not domiciled within the European Union. The location of our registered office can be found in the heading of these GTC.
10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.