Terms of Service

§ 1 Basic Provisions

(1)   The following terms and conditions apply to all contracts between Yukiko Murakami-Wagner, Keferloherstr. 117a, 80807 Munich,  Germany - hereinafter referred to as the provider - and the customer, which are closed via the provider's online shop. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.

  (2)   A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

  (3)   The contract language is German. The contract will be stored by the provider. However, the storage is only limited in time, so the customer must ensure that it is printed out or saved separately.

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§ 2 subject matter of the contract

Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website.

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§ 3 Conclusion of the contract

(1)   The supplier's offers of goods on the Internet do not represent a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer by the customer).

The customer can submit his purchase offer by telephone, in writing, by fax, by email or via the online ordering system.

When purchasing via the online shop system, please note:

The goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again. Before submitting the order, the customer has the opportunity to check all the details here again, to change them (also via the function "Back" of the Internet browser) or cancel the purchase. By submitting the order via the corresponding button, the customer submits a binding offer to the provider. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of a contract.

(2)   The use of authorized immediate payment types by the customer does not yet lead to the conclusion of a contract despite the purchase price or payment of the fee. The acceptance of the offer (and thus the conclusion of the contract) takes place in each case by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer or by sending the goods.

If the customer has not received an order confirmation or notification of the delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.

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§ 4 prices, shipping costs

(1)   The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all taxes.

(2)   The shipping costs incurred are not included in the purchase price, they can be called up under shipping conditions , are shown separately in the course of the order process and are to be borne by the customer in addition, unless free shipping has been promised.

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§ 5 Payment and Shipping Conditions

(1)   The conditions for payment and shipping can be found under the button of the same name in the navigation.

(2)     If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be reimbursed immediately.

(3)   As a consumer, the customer is asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the freight forwarder of any complaints as soon as possible. The warranty claims of the customer remain unaffected.

Insofar as the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to the customer when the goods are handed over to the customer by the transport company, regardless of whether the shipment is insured or uninsured.

If the customer is not a consumer, delivery and dispatch are at his own risk.

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§ 6 Offsetting, right of retention

(1)   The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the provider.
(2)   The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 7 Warranty

(1)   The statutory provisions apply.

(2)   In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.

(3)   As far as the customer is an entrepreneur, the following applies in deviation from paragraph 1:

a)   Only the supplier's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)   The customer is obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify the provider in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

c)   In the event of defects, the provider provides a guarantee of repair or replacement at its option. If the elimination of the defect fails twice, the customer can either request a reduction in price or withdraw from the contract. In the case of repairs, the provider does not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

d)   The warranty period is one year from date of delivery. The shortened warranty period does not apply to culpably caused damage attributable to the provider from injury to life, limb or health and grossly negligent or intentional damage or malice on the part of the provider, as well as recourse claims according to §§ 478, 479 BGB.

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§ 8 retention of title

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

(2)   If the customer is an entrepreneur, the following also applies:

a)   The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

b)   The customer may resell the goods in the ordinary course of business. In this case, he already now assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. If he does not properly meet his payment obligations, the provider reserves the right to collect the claim himself.

c)   If the reserved goods are combined and mixed, the provider acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d)   The provider undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the provider's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.

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§ 9 liability

(1)   The provider is fully liable for damage to life, limb or health insofar as he fraudulently withholds a defect or has assumed a guarantee for the quality of the object of purchase, in all cases of intent and gross negligence, in the event of damage under the Product Liability Act or as far as otherwise mandatory by law.

(2)   If essential obligations from the contract are affected, the violation of which jeopardizes the achievement of the purpose of the contract, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract.

(3)   In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4)   According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.

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§ 10 Choice of law, place of performance, place of jurisdiction

(1)   German law applies to the exclusion of UN sales law. For consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2)   Place of performance for all services from the business relationships with the provider as well as place of jurisdiction  is the seat of the provider, provided that you are not a consumer but a merchant, legal entity under public law or public law special fund.

The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

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§ 11 Notes on battery disposal

In connection with the sale of batteries or with the delivery of devices that contain batteries, the provider is obliged to inform the customer of the following:

As the end user, the customer is legally obliged to return used batteries. He can return old batteries, which the supplier carries or has carried in the range as new batteries, free of charge to the shipping warehouse (shipping address) of the supplier. The symbols shown on the batteries have the following meanings:

The symbol of the crossed-out wheeled bin means that the battery must not be thrown into the household waste.

Pb = battery contains more than 0.004 percent lead by mass

Cd = battery contains more than 0.002 percent by mass of cadmium

Hg = battery contains more than 0.0005 percent by mass of mercury.