Conditions of Use


1 General


1. These General Terms and Conditions shall constitute the sole basis for all legal relationships originated by Messrs Authentisch, hereinafter referred to as "the Vendor", registered place of business …....., and its customers via the online shop


2. Customers, within the meaning of these General Terms and Conditions, are solely consumers as defined by Section 13, German Civil Code (BGB), i.e. natural persons who conclude their respective legal transaction for a purpose that can be attributed neither to their commercial activity nor to their self-employed occupational activity.


3. The version of the General Terms and Conditions which is valid as of the date when the contract is concluded  shall apply. This version can be retrieved free of charge in storable and printable form at www. ……….de.


2 Conclusion of the contract


1. The presentation of the goods in the online shop shall not constitute any binding offer by the Vendor. It constitutes an invitation to the Customer to send the Vendor a binding offer.


2. Each order made by the Customer shall constitute a binding offer for the conclusion of a contract of sale pertaining to the ordered goods in question. By clicking on the "Send" button in the online shop, the Customer submits such an offer to acquire the goods contained in his shopping basket. In doing so, the Customer also acknowledges that these Terms and Conditions have sole applicability for the legal relationship with the Vendor.


3. The Vendor shall confirm the receipt of the order from the Customer in text form (e.g. by fax or e-mail). This confirmation of receipt does not constitute any binding receipt of the order.


4. The contract of sale shall not come into being until the Vendor transmits to the Customer an explicit confirmation of the order or sends the ordered goods to the Customer.


3 Prices and terms of payment


1. All price information given in the Vendor's online shop refers to gross prices which include value-added tax. Any costs for payment and forwarding which are incurred in addition to the price of the goods shall be communicated clearly to the Customer on the order page and shall be retrievable via the "Forwarding costs" link.


2. The prices applicable as of the time the order was placed shall apply. The Vendor reserves the right to change the prices indicated in the online shop before the contract is concluded. In such a case, the Vendor's confirmation of the order shall constitute an altering offer pertaining to the final contract, with the result that the contract is not concluded until the Customer has declared his specific acceptance of the altered offer.


3. The purchase price shall be due upon delivery without any deductions. In the event of the purchase price not being paid, the Customer shall automatically be in default as from three weeks after the due date.


4. The purchase price shall be paid by advance payment, credit card or cash on delivery, depending on the Customer's wishes.


4 Delivery, passing of risk, retention of title


1. The goods shall be delivered to the delivery address indicated by the Customer. Goods which the Vendor has in stock shall be shipped within five working days. If the goods are not in stock, the likely delivery period shall be indicated in the online shop.


2. The goods shall be delivered at the risk of the Vendor. The risk of the accidental destruction and the accidental deterioration of the goods shall pass to the Customer when he receives the goods.


3. The goods shall remain in the ownership of the Vendor until they have been paid for in full.


4. If the ordered goods cannot be delivered punctually or can no longer be delivered at all, despite the prior conclusion of an appropriate purchasing agreement in relation to the Vendor, the Vendor shall notify the Customer of this without delay. In such cases of delayed delivery, the Customer shall be at liberty to either wait for the goods or rescind the contract; if delivery is impossible, both parties shall be entitled to rescind the contract. In the event of a rescission, the Customer shall be reimbursed without delay for any counterperformances already rendered.


5. The Vendor shall be entitled to make partial deliveries if this is acceptable for the Customer. If a partial performance is rendered at the instigation of the Vendor, this shall not result in any additional forwarding costs. Additional forwarding costs shall be charged, in accordance with Section 3, para. 1 of this contract, only if the partial delivery is made at the express wish of the Customer.


5 Rights of the Customer in the event of defects


The Customer's entitlement to supplementary performance, rescission of the contract, or a reduction in the purchase price in the event of defects shall be governed by the prevailing statutory provisions. Any compensation claims in addition to the performance and instead of the performance shall be governed by Section 6 of this contract.


6 Liability


1. The Vendor  shall not be held liable for slightly negligent breaches of duty insofar as these do not involve any essential contractual obligations or guarantees and do not cause loss/damage resulting from loss of life, bodily injury or impairment of health, or result in claims in accordance with the German Product Liability Act (ProdHaftG).


2. Insofar as the liability of the Vendor is ruled out or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the Vendor.


3. The Vendor shall not be held liable for the proper functioning of data networks, servers or cables to its computing centre and/or for the continuous accessibility of its online shop.




7 Offsetting


The Customer shall have a right to offset only if his counterclaims are legally valid or undisputed.


8 Data protection


1. The personal data disclosed voluntarily by the Customer within the framework of his order shall always be used with due regard to the provisions of the German Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG).


 2. Personal data pertaining to the Customer shall be gathered only insofar as the Customer voluntarily discloses such information to the Vendor when using the online shop. These data shall be processed and/or forwarded to third parties only insofar as this is necessary to implement the contractual relationship between the Vendor and the Customer. The data are therefore forwarded to the transport company entrusted with the delivery and – if necessary – to the financial institution entrusted with the handling of payments. There shall be no further-reaching forwarding of data to third parties.


3. The Customer shall be entitled at any time to information free of charge about the saved personal data about him and, if appropriate, shall be entitled to have these data rectified, blocked and deleted.


4. The Vendor reserves the right to create usage profiles, using pseudonyms, on the basis of gathered customer data for the purposes of marketing, market research or the structuring of his product ranges in accordance with demand. The Customer shall be entitled at any time to object to this use of his usage data.


5. The contents of the instruction on data protection law within the meaning of this Section 8 of the contract can be called up by customers at any time at www. ……. de.


6. Questions about data gathering, the processing or use of the customers' personal data, disclosures, authorisations, the blocking or deletion of data and the revocation of approval that has already been granted can be addressed to the Vendor at the address indicated in Section 1, para. 1 of these GT&Cs.


9 Right of revocation


1. The Customer can revoke his contractual declaration without giving reasons within two weeks in text form (e.g. letter, fax, e-mail) or by returning the goods. The notice period shall not commence before special instructions in text form about the right of revocation have been received. The punctual sending of the revocation or the goods to the Vendor shall be sufficient for the revocation period to be regarded as observed.


2. The right to revocation shall not apply in the case of contracts for the delivery of goods which were produced according to customer specifications or are clearly tailored to the personal requirements of the respective customer.


3. In the event of an effective revocation, the performances received by both parties must be returned and, if applicable, any use and enjoyment derived from them (e.g. utilisation benefits) must be surrendered. If the performance received can be given back only partly or not at all, or only in a deteriorated condition, the Customer must pay the Vendor compensation as required. In respect of the relinquishment of articles, the above shall not apply if the deterioration of the article in question can be attributed solely to its examination – as would have been possible for the Customer in, for example, a physical retail outlet. In other respects, the Customer can avoid the duty to pay compensation by not treating the article in question as his own property and by refraining from doing anything that would impair its value. Articles which can be forwarded in parcel form must be sent back by the Customer. The articles shall be sent back at the risk of the Vendor. The Customer shall bear the costs of such a return consignment if the goods delivered correspond to those that were ordered and if the price of the goods to be returned does not exceed the amount of € 40.00 or if the Customer, with the price of the goods being higher at the time of revocation, has not yet rendered the counterperformance or the contractually agreed part-payment. Otherwise the return of the articles is free of charge for the Customer. Articles which cannot be forwarded in parcel form shall be picked up from the Customer's premises. The Customer must comply with obligations to reimburse payments within 30 days of his declaration of revocation being sent.


10 Final provisions


1. 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 (CISG). The applicability of mandatory standards of the state in which the Customer maintains his usual domicile as of the date when the contract is concluded shall remain unaffected by this choice of law.


2. Should one or more provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining Terms and Conditions. The invalid or unenforceable provision must be replaced by a provision which, commercially and legally, comes closest to what the parties intended with their original provision. The same shall apply to any gaps in the contract.