Legal notices for use:
The entrepreneur concludes a large number of contracts in the course of his business activity. The Munich and Upper Bavarian Chamber of Industry and Commerce provides sample contracts to provide guidance.
This contract form was created with the utmost care, but does not claim to be complete or correct. It is to be understood as a checklist with formulation aids and is only intended to offer a suggestion as to how the typical interests between the parties can be properly balanced. However, this does not release the user from the careful independent examination.
For reasons of linguistic simplification, the genders are not named where a gender-neutral formulation was not possible. In these cases, the masculine terms used include the feminine forms as well.
The model contract is only a suggestion for a possible regulation. Many definitions are freely agreeable. The user can also choose other formulations. Before adopting the unchanged content, it is therefore in your own interest to carefully consider whether and in what parts an adjustment to the specific situation to be regulated and legal developments is necessary.
Of course, the Chamber of Industry and Commerce has no influence on this process and can therefore naturally assume no liability for the effects on the legal position of the parties. Liability for slight negligence is also fundamentally excluded.
If you need a tailor-made contract, you should seek advice from a lawyer you trust.
General terms and conditions for a web shop
⦁ Scope
⦁ contractual partners
⦁ Conclusion of contract
⦁ Right of Withdrawal
⦁ Prices and shipping costs
⦁ Delivery
⦁ payment
⦁ Retention of title
⦁ Dispute Resolution
Terms of Service
⦁ Scope
These general terms and conditions apply to all deliveries from benz-yourself to consumers.
A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
⦁ contractual partners
The purchase contract is concluded with benz-yourself, owner: Marvin Trilk, Eresburgstr. 46b, 12103 Berlin, commercial register: district court Tiergarten, HRA 12345.
⦁ Conclusion of contract
⦁ The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order.
⦁ By clicking the [Buy/order with costs] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order with an order confirmation email immediately after receipt of your order.
⦁ Right of Withdrawal
⦁ If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
⦁ If you, as a consumer, make use of your right of withdrawal according to Section 4.1, you have to bear the regular costs of the return.
⦁ Otherwise, the regulations that are reproduced in detail in the following apply to the right of withdrawal
Cancellation policy¹
⦁ Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
⦁ You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract, to us or to (here are the name and address of those authorized by you to accept the goods insert person) to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation -
⦁ Prices and shipping costs
⦁ The prices stated on the product pages include statutory VAT and other price components.
⦁ In addition to the stated prices, we charge a flat to free shipping your order. The shipping costs will be clearly communicated(free) to you again on the product pages, in the shopping cart system and on the order page.
⦁ Delivery
⦁ Most Europe
⦁ The delivery time is between 1-4* weeks.
⦁ payment
⦁ Payment is via paypal
⦁ Shop pay
*If the delivery time is longer than 4 weeks, we will refund the shipping costs of €4.90. If you have placed an order with a value of goods of €50, the free shipping option will automatically be selected for you and you will receive a voucher from us for your next purchase, which is also worth €4.90. We thank you for your patience and hope you enjoy our products
The goods remain our property until full payment has been made.
⦁ Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are willing to participate in a dispute settlement procedure before a consumer arbitration board to settle disputes with consumers or are obliged to do so in accordance with XXX (statement of the legal norm or contractual agreement). The responsible consumer arbitration board is: Universal Arbitration Board of the Federal Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. To settle the disputes mentioned, we will participate in a dispute settlement procedure before this body.
Alternatively:
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.