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General Terms and Conditions and Consumer Information

I. General Terms and Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Konrad Nerger) via the website Insofar as nothing different has been agreed upon, we contradict to the inclusion of your own conditions.

(2) Consumer in terms of the following regulations is any natural person that concludes a legal transaction for a purpose that can be attributed predominantly neither to its commercial nor self-employed professional practice. Entrepreneur is any natural or judicial person or collective of persons capable of holding rights that exerts its self-employed professional or commercial practice when concluding a legal transaction.

§ 2 Conclusion of a Contract

(1) Subject matter of the contract is a sale of goods.

Our product presentations on the internet are non-committal and not a binding offer for the conclusion of a contract.

(2) You can send a binding offer to buy (order) via the online shopping cart system. In the process, the items intended for purchase are placed in the "shopping cart". Via the relating buttons within the navigation the customer can access the "shopping cart" and make changes at any time. After invoking the page "checkout" and entering the personal data as well as payment- and shipping conditions, all order data are once more displayed on the order overview page. 
In case you use the instant payment system "PayPal" by selecting it as the payment method during checkout, you are redirected to PayPal's login page. After successful login, your address- and account data stored with PayPal is displayed. By pressing the button "continue", you are then redirected to the order review page of our online shop. Before sending the order, you here have the possibility to once again check all details, to change them (also via the internet brwoser's "back" function) or to abort the purchase.
By sending the order via the button "buy" you submit a binding offer to us. Initially, you receive an automated email concerning the receipt of the order which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thereby the conclusion of the contract) is effected within 2 days by a confirmation in text form (e.g. email) in which the execution of the order or dispatch of the goods is confirmed to you (order confirmation). 
In case you have not received an order confirmation, you are no longer bound to the order. In this case, any performances that have been effected already are to be reimbursed promptly.

(4) Your enquiries about the purchase of goods or an individual quote are not binding for you. Herefore we send you a binding quotation in text form (e.g. email) which you may then accept within 5 days.

(5) The processing of the order and transmission of all information that is required in relation to the conclusion of contract occurs partly automated by email. Thus, you have to ensure that the email address stated is correct and that the receipt of emails is technically secured and especially not prevented by SPAM-filters.

§ 3 Right of Retention, Title Retention

(1) You can only effect a right of retention insofar as claims from the same contractual relationship are concerned.

(2) The goods remain our property until the purchasing price has fully been paid.

(3) In case you are entrepreneur, the following applies:

(a) We reserver ownership of the goods until the settlement of all claims resulting from the ongoing business relationship. Before transition of ownership of the reserved goods, pledging of goods or security transfer of title is not admissible.

(b) You may resell the goods by ordinary course of business. In this case you already now cede all claims in the amount of the invoice total that accrue from the resale to us, we accept the cession. You are further authorized to collect the claims. Insofar you do not orderly comply with the liability to pay, we reserve the right to self-collect the claims.

(c) In case of combination or commingling of the retention goods, we earn co-ownership of the new subject in the relation of the invoice total of the retention goods to the other processed subject at the time of processing.

(d) We commit to releasing the securities that we are entitled to at your request insofar as the marketable value of our securities exceeds the claims that are to be secured by more than 10%. Choice of the securities to be released resides with us.

§ 4 Warranty

(1) The statutory provisions concerning liability for defects apply.

(2) Insofar as you entrepreneur, the following applies deviant to clause 1:

(a) Only our own statements and the item description by the manufacturer are considered as the agreed upon condition of the goods, however not any other advertising, public promotions and statements by the manufacturer.

(b) You are obliged to check the goods for deviations in quality and quantity immediately and with the necessary care and to report apparent shortcomings to us in writing within 7 days from receipt of the goods. The timely dispatch is sufficient to ensure the time-limit. This also applies to hidden defects that are discoverd later from the time of discovers. In case of breach of the duty of inspection and objection the enforceability of warranty claims is eliminated.

(c) In case of shortcomings we warrant by rectification or compensation delivery at the our choice. In case the remedy of defects fails, you may claim abatement or withdraw from the contract at choice. The remedy of defects is considered as failed after an unsuccessful second attempt insofar nothing else yields particularly from the type of the good or the defect or other circumstances. In case of rectification we do not have to bear the increased costs that incur from movement of the goods to a place different from the place of fulfilment insofar as the movement does not comply with the intended usage of the goods.

(d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply for culpably caused damages resulting from the injury of life, body or health that can be accounted to us and to damages that are caused wantonly negligent or deliberately respectively deceitfully as well as contribution claims according to §§ 478, 479 BGB ((German) Civil Code). 

§ 5 Liability

(1) We are each boundlessly liable for damages resulting from injury of life, body or health, in all cases of deliberate acts and wanton negligence, for malicious concealment of a damage, acceptance of guarantee for the condition of the object of purchase, for damages according to the Produkthaftungsgesetz ((German) Product Liability Act) and in all other cases regulated by law.

(2) The liability for defects within the bounds of the statutory liability follows the respective provisions in our consumer information (part II) and general terms and conditions (part I).

(3) Insofar as essential contractual obligations are concerned, our liability in case of ordinary negligence is restriced to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that result from the nature of the contract and whose breach would endanger the attainability of the purpose of the contract as well as obligations that the contract accordingly to its content imposes upon us for attainability of the purpose of the contract, whose fulfilment enables the feasibility of the contract in the first place and on whose adherence you may regularly count. 

(4) In case of the breach of inessential contractual obligations the liability is eliminated for ordinarily negligent breach of duty.

(5) At the current state of technology, data communication via the internet can not be ensured to be error-free and/or permanently available. Insofar we are liable neither for the permanent nor the uninterrupted availability of the website and the services provided there.

§ 6 Choice of Law, Place of Fulfilment, Court of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection guaranteed by imperative regulations of the law of the country of the consumer's ordinary residence is not detracted by this (principle of applicability).

(2) Place of fulfilment for all performances resulting from the existing business relations with us as well as court of jurisdiction is our the place of business insofar as you are not a consumer but an entrepreneur, a jurisitc person of public law or special asset by public law. The same applies if you have no place of jurisdiction in Germany or the European Union or the place of residence or ordinary residence is not known at the time of commencement of a suit. The authority to also call the court at another lawful place of jurisdiction remains unaffected by this.

(3) The regulations of the United Nations Convention on Contracts for the International Sale of Goods do explicitly not apply.

II. Consumer Information

1) Identity of the Seller

Konrad Nerger
Gerhart Hauptmann Str. 2
49733 Haren
Telefon: +49 176 38442595

The European Commission provides a platform for out of court online-mediation (om-platform), accessible at

2) Information on the Conclusion of a Contract

The technical steps leading to the conclusion of a contract, the conclusion itself and possibilities of correction are subject to § 2 of our general terms and conditions (part I.).

3) Language of the Contract, Storage of the Text of the Contract

1. Language of the Contract is German. This English version is to be seen as just a translation of the version found on the German-language version of the website which always has legal priority.

2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed via the browser's printing function or stored electronically. After receipt of the order by us, the order data, the legally required information related to distance selling contracts and the general terms and conditions are once more sent to you by email.

3. In case of quotation enquiries outside of the online shopping cart system, you receive all contract data related to a binding quote by email which you may print or store. 

4) Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the item descriptions and additional information specified on our website.

5) Prices and Payment Modalities

1. The prices stated in the particular quotations as well as the shipping costs are final prices. They include all price components inclusive all accumulating taxes.

2. Incurring shipping costs are not included in the price of the purchase. These can be retrieved from an accordingly labeled link within our website or from the respective item description, are shown separately during the checkout process and are to be borne aditionally by you insofar no no cost-free shipping is assured.

3. The payment methods available to you can be retrieved from an accordingly labeled link within our website or from the respective item description.

4. Insofar it is not stated differently for the particular payment methods, all pecuniary claims from the contract concluded are due for immediate payment.

6) Shipping Conditions

1. The payment conditions, the date of delivery and possibly existing delivery restrictions can be retrieved from an accordingly labeled link within our website or from the respective item description.

2. Insofar as you are a consumer, it is regulated by law that the risk of a coincidental loss or detoriation of the sold subject during shipment does not change over to you before delivery of the goods to you, irrespective of the shipment being effected insured or not insured. This does not apply if you yourself have assigned a transport provider or other person intended to carry out the shipment that has not been named by us. 

In case you are entrepreneur, delivery and shipment are effected at your risk.   

7) Statutory Defects Liability

1. The defects liability for our goods is subject to the regulation "warranty" within our general terms and conditions (part I).

2. As a consumer you are asked to check the goods at the time of delivery for completeness, apparent shortcomings and damage in transit and to inform us as well as the shipper about the complaints as soon as possible. Non-compliance by you has no effect on your lawful warranty claims.