General Terms and Conditions of Delivery and Service of EMUK GmbH & Co. KG, Lahr, Germany B2C

1.1 These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to all contracts concluded between us and the customer (hereinafter referred to as “Customer”) via the webshop https://www.emuk.com/cms-de/Shop.aspx (hereinafter referred to as "Web-shop") operated by EMUK GmbH + Co KG, Raiffeisenstr. 39, 77933 Lahr, Germany (herein-after referred to as "we" or "us"). The GTC shall apply in the version valid at the time of the order. By placing an order in the Webshop, the Customer accepts these GTC.
 

1.2 Orders placed in this Webshop can be delivered within the European Union and to Switzer-land. Deliveries to other countries are only possible upon prior request.

2. Conclusion of Contract

2.1 The presentation of goods in the Webshop does not constitute a legally binding offer, but is an invitation to the Customer to submit an offer.

2.2 By clicking on the button "buy now", the Customer, after having gone through the ordering process, makes a binding offer for the conclusion of a contract with regard to the orders in the electronic shopping basket. Before submitting the order, the Customer can view and change the data regarding the order at any time. The placement of an order is only possible if the Customer data requested in the Webshop are fully provided.

2.3 We shall confirm receipt of the order in the Webshop without delay, first on screen and then also by e-mail (acknowledgement of receipt). This acknowledgement of receipt does not con-stitute an acceptance of the purchase offer; a contract is not yet concluded by the acknowl-edgement of receipt.

2.4 A purchase contract for the goods shall only be concluded after we have expressly declared acceptance of the purchase offer (order confirmation) or – without the need of a prior express declaration of acceptance – after dispatch the goods to the Customer.

2.5 After conclusion of the contract, the content of the purchase contract on the basis of these GTC shall  be sent to the Customer by e-mail and stored electronically by us in compliance with the applicable data protection regulations. The Customer may view and save these GTC via a link in the Webshop before placing its order and via a link in the acknowledgement of receipt. Deviating or supplementary terms and conditions of the Customer shall not become part of the contract unless we expressly agree to their validity in writing. Any ancillary agree-ments require our written confirmation to be legally effective and binding.

2.6 All information about our goods in offers, catalogues, brochures, advertising material, web-sites, illustrations, drawings, on data carriers etc. are only indicative unless they are expressly confirmed as binding.

3. Prices
The prices stated in the Webshop are EURO prices including the statutory sales tax and other price components, but excluding the respective shipping costs, unless expressly stated other-wise. The individual prices, the shipping costs as well as the total order price shall be indicated to the Customer in the Webshop during the ordering process.

4. Terms of Payment

4.1 The purchase price shall become due upon conclusion of the contract.

4.2 Payment shall be made by PayPal, credit card, invoice or prepayment/bank transfer. The se-lection of the respective available payment methods is at our discretion. In particular, we re-serve the right to offer the Customer only selected payment methods.

4.3 If the Customer is in default of payment, we shall be entitled to claim the damage actually incurred by us as a result, but at least the statutory default interest. For each reminder sent to the Customer after the default has occurred, the Customer shall be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in the individual case.

4.4 The Customer may only offset or assert a right of retention against claims that are undisputed or have been legally established or are in a reciprocal relationship with our claim.

4.5 We shall be entitled to withdraw from the contract in accordance with the statutory provisions in the event of breach of contract by the Customer, in particular in the event of default in pay-ment, and to demand the return of the goods from the Customer. This shall not affect our right to claim damages for non-performance.

5. Delivery Periods

5.1 The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of the order, the Customer will receive a notification of the expected de-livery date instead of the order confirmation and the order will be entered by us. As soon as the goods are in stock, they will be dispatched to the Customer without any further notification to the Customer. In the event of permanent unavailability, in particular because a limited stock of goods (e.g. special edition), the Customer will be informed by us immediately. Payments already made will be refunded immediately.

5.2 We shall not be liable for impossibility of delivery or delays in delivery if these are caused by force majeure (e.g. natural disasters, war, riots, epidemics, pandemics, explosions) or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of
all kinds, transport delays, strikes, lawful lock-outs, shortages of labor, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the failure of our suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such events make it considerably more difficult or impossible for us to deliver or perform and it is not foreseeable that we will be able to perform the contract within a reasonable period of time – at the latest within 2 months – we and the Customer may withdraw from the contract; we will immediately refund any consideration already paid by the Customer. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period.

5.3 In the event of a delay in delivery for which we are responsible, the Customer may set us a reasonable period of grace, which must be in text form in order to be effective. After the un-successful expiry of this period of grace, the Customer may either declare withdrawal in written form, or demand compensation for damages due to delay and/or non-fulfilment.
5.4 In case that not all products ordered by the Customer are in stock, we are entitled to make partial deliveries, insofar as this is reasonable for the Customer. Any deadlines shall com-mence upon receipt of the last partial delivery.

6. Shipping and Transfer of Risk

The goods shall be delivered to the delivery address specified by the Customer using custom-ary shipping methods (post, delivery services, etc.). The risk of loss of or damage to the goods shall only pass to the Customer as soon as the goods have been delivered to the Customer or to a third party designated by the Customer and different from the carrier.

7. Claims for Defects

The Customer's claims for defects shall be governed by the statutory provisions (Section 433 et seq. of the German Civil Code (Bürgerliches Gesetzbuch “BGB”)).

8. Liability

8.1 We shall be liable in accordance with the statutory provisions for any breach of material con-tractual obligations for which we are responsible, i.e. contractual obligations the fulfilment of which gives the contract its character and which make its proper performance possible in the first place. We shall only be liable for all other breaches of duty if damage has been caused intentionally or by gross negligence by us or one of our legal representatives, employees or other vicarious agents.

8.2 Insofar as we have not acted intentionally, we shall only be liable for the typically occurring foreseeable damage.

8.3 Liability under the Product Liability Act remains unaffected; this also applies to liability for cul-pable injury to life, limb or health. If we assume a guarantee, we shall be liable in accordance with the statutory provisions.

8.4 Unless otherwise stipulated above, claims for damages against us for breach of duty are ex-cluded.

8.5 Insofar as our liability is excluded and limited, this shall also apply to the personal liability of our legal representatives, employees and other vicarious agents.

9. Retention of Title

9.1 The sold goods shall remain our property until they are fully paid (“Reserved Goods”).

9.2 The Customer must notify us immediately in text form of any seizure or other interference by third parties regarding the Reserved Goods

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9.3 In the event the Customer breaches the contract intentionally or negligently, in particular in the event of default in payment and imminent suspension of payments, as well as in the event of compulsory enforcement measures and unsatisfactory information about the solvency and/or financial situation of the Customer, we shall be entitled, after setting a reasonable deadline, to take back the Reserved Goods at the Customer’s expense; the Customer shall be obliged to surrender the goods. Our taking back of the Reserved Goods shall always constitute a with-drawal from the contract.

10. Intellectual Property

Insofar as the design of our products is protected by protectable, registered or unregistered rights, the presentations of the products in catalogues, brochures, sent illustrations, drawings, sketches, on the Internet, on data carriers and other documents is our intellectual property. All the aforementioned documents and other documents made available in the course of business may not be used for any other purpose, in particular for advertising purposes, or reproduced and/or made available to third parties without our written consent. They shall be surrendered immediately upon request.

11. Consumers’ Right of Withdrawal
Consumers have a statutory right of revocation in the case of distance contracts. A consumer is any any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/Her independent professional activity (Sec. 13 German Civil Code). We inform you about the legal right of withdrawal in our with-drawal policy, which is linked here.
https://www.emuk.com/info/Widerrufsrecht.aspx

12. Withdrawal from the Contract and Return of Goods

If the Customer is not entitled to withdraw from the contract on the basis of our terms and conditions or statutory provisions, a withdrawal or partial withdrawal from the contract declared by the Customer for other reasons requires our express prior written consent in order to be effective.

13. Place of Jurisdiction

Insofar as the Customer had his domicile or usual place of residence in Germany at the time of conclusion of the contract and has either moved from Germany at the time of initiating the legal proceedings by us or his domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of our company.

14. Applicable Law
German law shall apply under exclusion of the UN Convention on Contracts for the Interna-tional Sale of Goods (CISG). If the Customer has placed the order as a consumer and has his usual place of residence in a country other than Germany at the time of the order, German law shall also apply, whereby mandatory consumer protection provisions of the country in which the consumer has his usual place of residence shall remain unaffected.

15. Alternative Dispute Resolution
Online dispute resolution (ODR) pursuant to Art. 14 (1) ODR Regulation: The EU Commission provides a platform for online dispute resolution (ODR), which is available under http://ec.eu-ropa.eu/consumers/odr/. This platform gives consumers the opportunity to resolve disputes in connection with their online order without involving a court.
We will endeavor to resolve any disagreements amicably. Beyond that, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.