Terms of service

General Terms and Conditions (GTC) for the Sale of Goods

§ 1 Scope of application
    (1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, 

Annisokay - Christoph Wieczorek & Rudi Schwarzer GbR
Julius-Ebling-Str. 1a
06112 Halle (Saale)

email: shop@annisokay.com

(hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). 
    (2) The offer in our online store is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
    (3) The version of the GTC valid at the time the contract is concluded shall apply. The GTC shall also apply to all future business relationships, even if they are not expressly agreed again.
    (4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract
    (1) The presentation and advertising of items in our online store do not constitute a binding offer to conclude a purchase contract.
    (2) By submitting an order via the online store by clicking the button "buy now", you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order.
    (3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
    (4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
    (5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay.

§ 3 Terms of delivery and reservation of advance payment
    (1) We are entitled to make partial deliveries insofar as this is reasonable for you.
    (2) The delivery period is approximately 10 working days, unless otherwise agreed. It begins - subject to the provision in paragraph (3) - with the conclusion of the contract.
    (3) The delivery of forwarding goods is free kerbside, unless otherwise agreed in individual cases.
    (4) In the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price plus VAT and shipping costs.
    (5) The transportation risk is transferred to you when the goods are handed over to the forwarder, carrier or other person designated to carry out the shipment, § 447 BGB.

§ 4 Prices and shipping costs
    (1) The prices valid at the time the order is placed shall apply. All prices quoted in our online store are net prices plus the applicable statutory VAT and shipping costs.
    (2) The shipping costs are indicated in our prices in our online store. The price, where applicable, plus VAT and shipping costs, will also be displayed in the order form before you send the order.
    (3) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

§ 5 Terms of payment, offsetting and right of retention
    (1) The purchase price plus VAT and the shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
    (2) You can only pay the purchase price plus VAT and the shipping costs of your choice using the payment methods we offer.
    (3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.
    (4) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
    (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at a rate of 9 percentage points above the prime rate.
    (6) The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. In the ordinary course of business, customers are entitled to sell the goods to third parties. In this case, customers assign to us the purchase price claims from a resale up to the amount of the respective gross sales price invoiced by us.

§ 7 Warranty
    (1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. If you are an entrepreneur, the statutory warranty period is 12 months. It begins with the transfer of risk.
    (2) You are obliged to inspect the purchased goods and to notify us immediately of any obvious defects. This also applies to hidden defects discovered later. If you violate your obligation to inspect and report defects, the assertion of warranty claims is excluded.
    (3) Any Seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

§ 8 Liability
    (1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
    (2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
    (3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
    (4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Data protection
You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: Privacy Policy

§ 10 Copyrights
We hold the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

§ 11 Applicable law and place of jurisdiction
    (1) Amendments to these GTC must be made in writing. Verbal collateral agreements, including the waiver of the written form requirement, must be made in writing in order to be valid. 
    (2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 
    (3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller. 
    (4) Should parts of this contract be invalid in whole or in part, the validity of the remaining parts shall not be affected. In this case, the parties undertake to replace the ineffective agreement with one that largely corresponds to the purpose of the contract and is effective.