(1) The following terms and conditions apply to contracts you conclude with us as the provider (Steffen Musial) through the website www.it42life.de. Unless otherwise agreed, any of your own terms and conditions used will be rejected.
(2) A consumer, in the context of the following provisions, is any natural person who concludes a legal transaction for purposes that cannot be primarily attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the execution of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is listed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The items you intend to purchase are placed in the "shopping cart." You can access the "shopping cart" and make changes at any time by using the corresponding button in the navigation bar. After clicking on the "Checkout" page and entering your personal data and payment and shipping conditions, all order details are displayed once again on the order summary page. If you use an instant payment system (e.g., PayPal, PayPal Express, Amazon Payments, Sofort), you will either be taken to our online shop's order summary page or redirected to the instant payment system provider's website. If redirected to the respective instant payment system, you will make the relevant selection and enter your data. Finally, you will be redirected back to our online shop's order summary page. Before submitting the order, you have the opportunity to review, change (including using your web browser's "back" button), or cancel the purchase. By clicking the "Buy" button, you place a legally binding order.
(4) Your requests for creating an offer are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The order processing and contact are usually carried out via email and automated order processing. You must ensure that the email address you provide to us is accurate, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Retention of Title and Right of Withholding
(1) You can only exercise a right of withholding to the extent that it relates to claims from the same contractual relationship.
(2) Ownership of the goods is retained until full payment of the purchase price.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled. Prior to the transfer of ownership of the reserved goods, a pledge or chattel mortgage is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims in the amount of the invoice that accrue to you from the resale to us; we accept the assignment. You are further authorized to collect the claim. However, if you fail to meet your payment obligations, we reserve the right to collect the claim ourselves. c) When combining or mixing the reserved goods, we acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled upon your request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and damage in transit and promptly notify us and the freight carrier of any complaints. If you fail to comply with this, it will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following provisions apply in deviation from the warranty regulations:
a) Only our own information and the product description of the manufacturer are considered an agreement on the quality of the item; we assume no liability for public statements or advertising by the manufacturer. b) In case of defects, we provide warranty through repair or replacement at our discretion. If the repair fails, you may demand a reduction in the price or withdraw from the contract at your discretion. The remedy is considered a failure after a second unsuccessful attempt, unless the circumstances prove otherwise. In the event of repair, we do not have to bear the increased costs incurred by the goods being transported to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. c) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply:
to damages for loss of life, limb, or health resulting from a negligent or intentional breach of duty by us or a legal representative or vicarious agent;
to damages caused by a negligent or intentional breach of duty by us or a legal representative or vicarious agent;
in the event of a breach of material contractual obligations, the fulfillment of which makes the proper execution of the contract possible and on whose compliance you may regularly rely (cardinal obligations);
within the framework of a guarantee promise, if agreed; or
if the area of application of the Product Liability Act has been opened.
§ 5 Choice of Law
(1) German law applies. This choice of law only applies to consumers if it does not result in the withdrawal of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (favorability principle).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are explicitly not applicable.
§ 6 Youth Protection
(1) When selling goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
(2) By placing an order, you assure that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obligated to ensure that only you or persons authorized by you to receive the delivery, who have reached the legally required minimum age, take delivery of the goods
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