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§1 Constitutional regulations
(1) The following terms of contract apply to all contracts between Rainer Strabel, Kirchstr. 47, 56154 Boppard, Germany - metioned below as provider - and the respective customer, which are concluded over the vendor's online-shop. Unless otherwwise agreed, the inclusion of general terms and conditions of the customer is contradicted.

(2) Consumer according to the following regulations is every physical person, which concludes a legal act for a purpose, that can not be attributed to their commercial or independent occupational activity. Entrepreneur is every physical or legal person or a partnership with legal capacity, which executes their self-employed or commercial profession upon conclusion of the legal transaction.

(3) Language of contract is solely German. The wording of contract will be saved by the provider. Such saving however is limited in time. The customer has to care himself for a printout or a separate storage.

§2 Object of contract
Object of the contract is the sale of goods. The details, particularly the essential characteristics of the goods, can be found in the description of articles and in the supplementary informations on the web page of the provider.

§3 Conclusion of contract
(1) Provider's products on offer in the Internet are not allegorizing a binding offer for closing a contract of sale, but an invitation for placing an order (bid of the customer). The customer can place his bid in written, by Fax, by Email or with the e-commerce system integrated into the online-shop of the provider.
Please regard, when purchasing via the Online-Shopsystem:
The merchandise aimed for buying is placed in the "shopping-cart". With the according button in the Navigation-bar, the customer can access the "shopping-cart" and make modifications there at any time. After calling the "checkout" and entering of the personal details as well as the payment and shipping terms, all order data will be shown once again. Before sending an order, the customer has the possibillity there, to check or modifiy all data (also with the web browser's "back" button), as well as to cancel the whole purchase. With sending the order via the according button, the customer submits a binding quote to the provider. At first, the customer will get an automatical e-mail about the receipt of his order, which will not result a conclusion of contract.

(2) The use of any allowed kind of down payments through the customer will not effect a conclusion of contract, even the purchase price is paid. The acceptance of the bid (and so the conclusion of contract) will be effected in each case by confirmation in text-form (e.g. e-mail), where the the processing of the order or the dispatch of the merchandise will be confirmed to the customer or by sending the merchandise.
If the customer should not receive a confirmation of order or notification about dispatch respectively the goods within 5 days, he is no longer bound by his order. If applicable, already rendered services will be refunded immediately in this case.

§4 Prices, shipping costs
(1) The prices and shipping costs mentioned in the respective offers are final prices. They contain all price components including all incidental taxes.

(2) The incidental shipping costs are not included in the purchasing price, they are callable from the site "Shipping", will be declared separately during the order process and are to be payed by the customer in addition, as far as a forwarding expenses-free supply was not granted.

§5 Payment- and dispatch conditions
(1) The payment- and shipping conditions can be found under the likely buttons "Payment" and "Shipping" in the navigation bar.

(2) if a product ordered by the customer is against expectation and despite a timely conclusion of a hedging transaction not available for reasons not within the provider's responsibility, the customer will be notified immediately about the non-availability and in the event of a cancellation, already effected payments will be reimbursed immediately.

(3) As a consumer, the customer is requested, to inspect the goods immediately for completeness, obvious defects and damages in transit and to notify the vendor and the forwarder about objections as soon as possible. The warranty rights of the customer will remain unaffected of this.
If the customer is a consumer, the risk of accidental perishing and accidental deterioration of the sold goods during transportation will initial with the delivery of the goods demise to you, independent if the forwarding occurs insured or uninsured.
If the customer is not a consumer, delivery and forwarding occurs on his risk.

§6 Return shipping-costs in case of cancellation
It is generally agreed, that in the case of exercising the consumer's applicable right to cancel on distance contracts, the regular return shipment expenses are the responsibility of the customer, provided the price of the goods returned do not exceed 40 Euro or have a higher price and at the time of cancellation the customer has not rendered the return for services or a partial payment as contracted, unless that the goods shipped, do not correspond to the goods ordered. In any other cases, the provider will bear the return shipping-costs.

§7 Warranty
(1) Statutory provisions apply.

(2) For used goods, the warranty period is in derogation from the legal regulation one year, starting from the delivery of the goods. The one year warranty period does not apply to culpably caused damages for life, bodily or health injuries and for damages, caused by gross negligence or intentional caused damages allocable to the provider, respective fraud of the provider, as well as for rights of recourse according to §§ 478, 479 BGB [German civil law code].

(3) Provided the customer is a business, in derogation from item 1 applies:

a) As complexion of the goods, only the provider's own informations and the product description of the manufacturer are considered as agreed, not however miscellaneous advertising, public blurbs and utterances of the manufacturer.

b) The customer is obligated, to inspect the goods immediately and with the necessary care for quality- and quantity variances and must notify the provider in written form of apparent defects within 7 days of receipt of the goods. The timely sending of said notification suffices to honour the time limit. The same applies to later ascertained hidden faults since detection. Any breach of the obligations for examination or to give notice of defects, disbars raising of warranty claims.

c) In the event of defects, the provider affords warranty at his own option by repair or reshipment. If the remedy of defects backfires for two times, the customer is entitled on his own option, to request abatement or to withdraw from the contract. In the event of subsequent fulfillment, the provider doesn't have to bear for the increased costs, which arise out of delivery of the goods to an other place than the place of fulfilment, as far as the delivery does not match to the intended usage of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages for life, bodily, or health injuries and for damages caused by gross negligence or intentional caused damages allocable to the provider, respective fraud of the provider, as well as for rights of recourse according to §§ 478, 479 BGB [German civil law code].

§8 Right of retention, retention of title
(1) The customer can only exercise a right of retention based on claims from the same contract.

(2) The delivered goods remain the property of the provider, until the purchase price has been paid in full.

(3) If the customer is an entrepreneur, the following additionally applies:

a) The provider reserves himself the ownership of the goods, until the complete settlement of all claims arising from the current business relationship. Before transfer of the property of the conditional commodity, pledging or assigning as security is not allowed.

b) The customer may re-sell the goods in the ordinary course of business. For this case, he even now cede all claims in the amount of the final amount of the invoice, which will arise from the resale, to the provider, who accepts the assignment. The customer is still entitled to collect the claim. If he should not honour his payment obligations, then the provider reserves his right, to collect the claim himself.

c) In the case of combination or mixing the reserved goods, the provider retains co-ownership of the new item, in relation to the invoiced value of the reserved goods to the invoiced value of the other goods used at the moment of the processing.

d) Upon the customer's request the provider shall undertake to release the securities he is entitled to, as far as the relisable value of the securities exceeds the amounts payable to the provider for more than 10%. The choice of the securities to be released, shall be the provider's.

§9 Liability
(1) The provider is liable without restriction for injuries of life, body or health, as far as he fraudulently conceals a defect or has accepted a warranty for the quality of the delivered item, in all cases of intent and gross negligence, for liabilities in accordance with the Product Liability Act or as far as otherwise legally required.

(2) As far as essential contractual obligations are affected, whose violation endangers the reaching of the purpose of the contract, the liability of the provider is limited in case of slight negligence to the contract-typical, fore-seeable damage.

(3) With the injury of minor contractual duties, liability in case of minor slightly negligent duty violations is excluded.

(4) Data communication over the Internet in accordance with the present technology cannot be guaranteed to be free from errors and/or be available at any time. In so far, the provider is not liable for neither the continuous nor the uninterrupted availability of the web page and the services offered thereon.

§10 Choice of law, place of fulfilment, place of jurisdiction
(1) German law applies exclusively with the exclusion of the UN Sales Convention. With consumers, this selected laws apply only, if the protection granted is not withdrawn due to mandatory regulations in the rights of a government in whose country the consumer has his usual residence (favourability principle).

(2) The place of fulfilment for all services arising of the business connections with the provider as well as the place of jurisdiction is the provider's leagal office, as far as the customer is not a consumer, but a merchant, a legal entity under public law or a federal special fund under public law.
The same applies, if the customer does not have a general jurisdiction in Germany or in the EU or if the general residence is unknown at the time of commencement of an action. The right to appeal also the court of an other leagal place of jurisdiction remains unaffected by this.

§11 Informations about battery disposal
In connection with the sale of batteries or with the delivery of equipment which contains batteries, the provider is obligated to inform the customer of the following:
As a consumer, the customer is legally obligated to return used batteries. He can return those old batteries, which the provider has or had in his sortiment as new batteries, free of charge to the dispatch warehouse (address for dispatch) of the provider. The shown symbols on the batteries have the following meaning:

The symbol with the crossed out dustbin means, that the battery may not be disposed of with the household garbage.
Pb = Battery contains more than 0,004 mass-percent lead
Cd = Battery contains more than 0,002 mass-percent cadmium
Hg = Battery contains more than 0,0005 mass-percent mercury

(Version: 10.25.2011)