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Disclaimer: The following template was prepared by an attorney (https://drschwenke.de) in accordance with the usual requirements for an online store. However, you should use the template only after careful review and adaptation to your specific business model. To help you do this, the template contains additional comments that should be observed, as well as red passages that require special attention and, if applicable, adaptation. Remove the comments once you have fully read through the template. Consult legal counsel if you are unsure about certain elements. Copyright: You may only use this template within the appropriate domain/website if it is covered by your Marketpress license. Passing this template on to third parties (including customers, e.g., as developers) is prohibited.

Terms and conditions (including customer information)

  1. Applicability
  2. Offers, service descriptions
  3. Order process, formation of the agreement
  4. Prices, shipping costs
  5. Delivery, product availability
  6. Payment terms
  7. Retention of title
  8. Customer Account
  9. Product warranty, guarantee
  10. Liability
  11. Storage of the agreement
  12. Final Provisions

1. Applicability

1.1. The business relationship between [Enter: DemoShop B.V., Owner: Tom Template, 1 Template Street, Zip Code Template City] (hereinafter the "seller") and the customer (hereinafter the "customer") is governed exclusively by the following general terms and conditions in the version valid at the time of order.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are not predominantly attributable to his commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a company with legal personality which, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional activity.

1.3. Differing conditions of the customer are not recognized unless the seller expressly agrees in writing to their validity.

2. Offers, service descriptions.

2.1. The presentation of products in the online store is an invitation to place an order and not a legally binding offer. Service descriptions in catalogs or on the seller's websites do not constitute a guarantee or commitment.

2.2. All offers are valid "while supplies last" unless otherwise stated in the respective product description. Misprints and errors reserved.

3. Order process, formation of the agreement

3.1. The customer can select products from the vendor's assortment and place them in a "shopping cart" place with the [Add to Cart] button. Then the customer can complete the order by going to the shopping cart and Continue with the [Continue to Checkout] button.

3.2. By clicking on the [Place Order] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before the order is placed, the customer can change and correct the order details at any time.

3.3. The seller acknowledges receipt of the order via an automatic e-mail. This confirmation of receipt does not constitute acceptance of the order. The sales contract is only concluded when the seller ships the product within 2 days or sends a second confirmation.

3.4. For business customers, the deadline is seven days instead of two days.

3.5. If prepayment is offered, the contract is only concluded after the customer has made payment. If the payment is not received within 10 calendar days after the order confirmation, the seller has the right to cancel the order.

4. Prices, shipping costs

4.1. All prices on the seller's website include statutory VAT.

4.2. Shipping costs are charged separately and are clearly indicated during the ordering process.

5. Delivery, product availability

5.1. Delivery will take place upon receipt of payment in advance.

5.2. If delivery fails after three attempts due to the fault of the customer, the seller may withdraw from the contract. Any payments made will be refunded.

5.3. If a product is not available due to the fault of the supplier, the customer will be informed and offered an alternative or a refund.

6. Payment Terms

6.1. The customer chooses a payment method from the available options.

6.2. Payment on account must be made within 30 days.

6.3. When using external payment providers (e.g. PayPal), their terms and conditions apply.

7. Retention of title

The seller retains ownership of goods delivered until full payment is received.

8. Customer Account

8.1. Customers can create an account to access order information.

8.2. Choose alternative: Customers must create an account to order / Customers can also order as guests.

9. Product warranty and guarantee

9.1. The statutory warranty applies.

9.2. Additional warranties are given only if explicitly stated.

10. Liability

10.1. The seller shall have unlimited liability for damages caused by intent or gross negligence.

10.2. For other damages, liability is limited to typical and foreseeable damages.

11. Storage of the agreement

11.1. The customer can print the agreement during the ordering process.

11.2. The seller will send a confirmation with all order details to the email address provided.

12. Final Provisions

12.1. For business customers, the competent court is the seller's domicile.

12.2. The law of the [German Federal Republic / Republic of Austria] shall apply.

12.3. The language of the contract shall be Dutch.

12.4. European Commission online dispute resolution (ODR) platform: http://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in any dispute resolution process.
Note: Please note that the link http://ec.europa.eu/consumers/odr/ must be clickable. If you are yet obliged to participate in a dispute resolution procedure before a consumer arbitration board or should participate in it, change the indication for this ("We are willing to settle disputes with consumers before the following consumer arbitration board" or "We are obliged to settle disputes with consumers before the following consumer arbitration board" and indicate the competent dispute resolution board including address..