Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of withdrawal
- Prices and Terms of Payment
- Delivery and shipping terms
- Granting of rights of use for digital content
- Granting of rights of use for licence keys
- Contract term and termination of subscription contracts for goods
- Retention of title
- Liability for defects (warranty)
- Liability
- Special Terms and Conditions for Assembly/Installation Services
- Special terms and conditions for repair services
- Redeeming promotional vouchers
- Applicable law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of IT-RESELL.COM UG (limited liability) (hereinafter referred to as the “Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter referred to as the “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These T&Cs apply mutatis mutandis to contracts for the supply of goods containing digital elements, unless otherwise specified in this regard. In such cases, in addition to the delivery of the goods, the Seller is obliged to provide digital content or digital services (hereinafter “digital products”) which are contained within the goods or linked to them in such a way that the goods cannot fulfil their functions without them.
1.3 These General Terms and Conditions apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these General Terms and Conditions refers to data created and provided in digital form.
1.4 These General Terms and Conditions apply mutatis mutandis to contracts for the provision of licence keys, unless otherwise stipulated. In this context, the Seller is obliged to provide a licence key for the use of the digital content or digital services described by the Seller (hereinafter ‘digital products’) and to grant the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights in the digital product. The seller’s respective product description shall be decisive as regards the nature of the digital product.
1.5 A ‘consumer’ within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity.
1.6 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.
1.7 The subject matter of the contract may – depending on the Seller’s product description – be either the purchase of goods by way of a one-off delivery or the purchase of goods by way of a standing order (hereinafter referred to as the ‘subscription contract’). In the case of a subscription contract, the Seller undertakes to supply the Customer with the goods contractually due for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email, fax, via the online contact form, by post or by telephone.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date on which the order confirmation is received by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the date on which the customer receives the goods is decisive, or
- by requesting payment from the customer following the submission of their order.
If more than one of the above alternatives applies, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Service, available at
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. by email, fax or letter) once the Customer has submitted their order. The seller shall not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the ‘PayPal’ payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also utilise the services of third-party payment service providers for this purpose. Where the seller also offers payment methods via PayPal under which the seller makes an advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.6 If the “Sofortüberweisung” payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account activated for use with “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is processed by Klarna immediately afterwards and the customer’s bank account is debited. The customer can find further information on the ‘Sofortüberweisung’ payment method online at
4.7 If a payment method offered via the “Shopify Payments” payment service is selected, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are displayed to the customer in the Seller’s online shop. To process payments, Stripe may utilise additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at
4.8 If a payment method offered via the ‘Adyen’ payment service is selected, payment processing is carried out by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: ‘Adyen’). The individual payment methods offered via Adyen are displayed to the customer in the Seller’s online shop. To process payments, Adyen may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Adyen” is available online at
4.9 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop. The seller also reserves the right to carry out a credit check when the ‘purchase on account’ payment method is selected and to refuse this payment method if the credit check is unsuccessful.
4.10 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop. The seller also reserves the right to carry out a credit check when the ‘purchase on account’ payment method is selected and to refuse this payment method if the credit check is unsuccessful.
4.11 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the ‘purchase on account’ payment method only up to a specified order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop. The seller also reserves the right to carry out a credit check when the ‘purchase on account’ payment method is selected and to refuse this payment method should the credit check result be negative.
4.12 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the customer of any such payment restriction in the payment details section of the online shop. The Seller also reserves the right to carry out a credit check when the ‘purchase on account’ payment method is selected and to refuse this payment method if the credit check is unsuccessful.
4.13 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop.
4.14 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop.
4.15 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restriction in the payment information provided in the online shop.
4.16 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of the relevant payment restriction in the payment information provided in the online shop.
4.17 If the ‘credit card’ payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main, which the seller authorises to collect the payment on its behalf. PAYONE GmbH will collect the invoice amount from the customer’s specified credit card account. The credit card will be debited immediately after the customer’s order is submitted in the online shop. Even when the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related correspondence, or credit notes.
4.18 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. secupay AG will debit the invoice amount from the customer’s specified credit card account. In the event of such assignment, payment may only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer’s order has been submitted via the online shop. Even when the credit card payment method via secupay AG is selected, the provider remains responsible for general customer enquiries, e.g. regarding returns, complaints, notices of withdrawal and return shipments, or credit notes.
5) Delivery and Shipping Terms
5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system shall be decisive for the processing of the transaction. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 For goods delivered by a haulage contractor, delivery shall be ‘kerbside’, i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the dispatch information on the Seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s notice on the right of withdrawal shall apply to the costs of returning the goods.
5.4 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment, and the seller has not previously named this person or organisation to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. This shall apply only where the failure to supply is not attributable to the seller and the seller has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed immediately and the payment shall be refunded without delay.
5.6 Collection by the customer is not possible for logistical reasons.
5.7 Digital content is made available to the customer as follows:
- via download
5.8 Licence keys are provided to the customer as follows:
- by download
- by email
6) Grant of rights of use for digital content
6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the content provided for both private and commercial purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the licence covered by the contract to the third party.
6.3 Where the contract relates to the one-off provision of digital content, the grant of rights shall only take effect once the customer has paid the remuneration due in full. The seller may provisionally authorise the use of the content covered by the contract even before this point in time. Such provisional permission does not constitute a transfer of rights.
7) Grant of rights of use for licence keys
7.1 The licence key provided entitles the Customer to use the digital product as set out in the Seller’s relevant product description, to the extent described therein.
7.2 Where the licence key relates to the one-off provision of digital content, the grant of rights shall only take effect once the customer has paid the due consideration in full.
8) Contract term and termination of subscription contracts for goods
8.1 Subscription contracts are concluded for a fixed term, as specified in the relevant product description in the Seller’s online shop, and end automatically upon expiry of the contract term.
8.2 The right to terminate the contract for cause remains unaffected. Good cause shall be deemed to exist if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the party giving notice of termination cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
8.3 Notices of termination must be given in writing or in text form (e.g. by email).
9) Retention of title
If the seller makes an advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full.
10) Liability for defects (warranty)
Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
10.1 If the customer is acting as a trader,
- the seller may choose the method of subsequent performance;
- for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
- in the case of second-hand goods, rights arising from defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the warranty for defects.
10.2 The limitations of liability and shortened time limits set out above do not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used in accordance with their normal intended use in a structure and have caused its defectiveness,
- to any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.
10.3 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
10.4 If the customer is a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.
10.5 If the customer is a consumer, they are requested to lodge a complaint with the delivery agent regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
11) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and reimbursement of expenses as follows:
11.1 The seller shall be liable without limitation on any legal ground
- in cases of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise specified in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
11.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, for the fulfilment of the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
11.3 In all other respects, the Seller’s liability is excluded.
11.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
12) Special Terms and Conditions for Assembly/Installation Services
If, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to assemble or install them at the Customer’s premises, as well as to carry out any necessary preparatory work (e.g. taking measurements), the following shall apply:
12.1 The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s description of services, the Customer shall have no right to select a specific person to carry out the requested service.
12.2 The Customer must provide the Seller with all the information required for the performance of the service owed, in a complete and truthful manner, provided that the procurement of such information does not fall within the Seller’s scope of obligations under the terms of the contract.
12.3 Following the conclusion of the contract, the Seller shall contact the Customer to agree on a date for the performance of the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer’s relevant premises on the agreed date.
12.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.
13) Special Terms and Conditions for Repair Services
Where the Seller is obliged under the terms of the contract to repair an item belonging to the Customer, the following shall apply:
13.1 Repair services shall be carried out at the Seller’s premises.
13.2 The seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the seller. In doing so, the seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the seller’s description of services, the customer shall have no right to select a specific person to carry out the requested service.
13.3 The customer must provide the seller with all information necessary for the repair of the item, provided that the procurement of such information does not fall within the seller’s scope of obligations under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the fault and inform the seller of all circumstances that may have caused the fault identified.
13.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at their own expense and risk. The Seller recommends that the Customer take out carriage insurance for this purpose. Furthermore, the Seller recommends that the Customer dispatch the item in suitable transport packaging in order to reduce the risk of damage in transit and to conceal the contents of the packaging. The seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.
13.5 The cost of returning the item shall be borne by the customer. The risk of accidental loss or accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the Seller’s registered office. At the customer’s request, the seller shall take out transport insurance for the goods.
13.6 The above provisions do not limit the customer’s statutory rights in respect of defects in the event of the purchase of goods from the seller.
13.7 The seller shall be liable for defects in the repair work carried out in accordance with the provisions of statutory liability for defects.
14) Redemption of promotional vouchers
14.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online shop and only during the specified period.
14.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is specified in the terms of the promotional voucher.
14.3 Promotional vouchers can only be redeemed before the order process is completed. It is not possible to apply them retrospectively.
14.4 Multiple promotional vouchers may be redeemed in a single order.
14.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
14.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
14.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.
14.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher under their statutory right of withdrawal.
14.9 The promotional voucher is intended for use only by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to verify the legitimate entitlement of the respective voucher holder.
15) Applicable law
15.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws relating to the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
15.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union.
16) Jurisdiction
If the customer is a trader, a legal person governed by public law or a special fund governed by public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it are attributable to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s registered office.
17) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
