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e-Hookah GmbH
Im Löwental 60
45239 Essen
Represented by:
Dietmar Knaup
Phone: +49 201 8589 1190
e-mail: info@e-hookah.com
Ordinance on business registration (Chapter 310)
Certificate No. 37839717-000-04-17-5
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/.
You can find our e-mail address in the legal notice above.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.
Data processing on this website is carried out by the website operator. You can find the operator's contact details in the "Information on the controller" section of this privacy policy.
On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour.
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time if you have further questions on the subject of data protection.
When you visit this website, your surfing behaviour may be statistically evaluated. This is mainly done with so-called analysis programmes.
Detailed information on these analysis programmes can be found in the following privacy policy.
We host the content of our website with the following provider:
The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter referred to as IONOS). When you visit our website, IONOS collects various log files including your IP addresses. Details can be found in the IONOS privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.
The use of IONOS is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in displaying our website as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which guarantees that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
The controller responsible for data processing on this website is
e-Hookah GmbH
Im Löwental 60
45239 Essen
Phone: +49 201 8589 1190
e-mail: info@e-hookah.com
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion will take place after these reasons no longer apply.
If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) TDDDG. Consent can be revoked at any time. If your data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.
As part of our business activities, we work together with various external organisations. In some cases, it is also necessary to transfer personal data to these external organisations. We only pass on personal data to external bodies if this is necessary for the fulfilment of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in the transfer in accordance with Art. 6 para. 1 lit. f GDPR or if another legal basis permits the transfer of data. When using processors, we only pass on our customers' personal data on the basis of a valid contract for order processing. In the case of joint processing, a joint processing agreement is concluded.
Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).
IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).
In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.
You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place if it is technically feasible.
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time if you have further questions on the subject of personal data.
You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases:
If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
We hereby object to the use of contact data published as part of our obligation to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
Our Internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or they are automatically deleted by your web browser.
Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies can be used to analyse user behaviour or for advertising purposes.
Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping basket function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG); the consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
You can find out which cookies and services are used on this website in this privacy policy.
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are
This data is not merged with other data sources.
This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - the server log files must be recorded for this purpose.
If you contact us by e-mail, telephone or fax, your enquiry including all personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We use the newsletter service providers described below to process the newsletter.
This website uses Brevo to send newsletters. The provider is Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany.
Brevo is a service that can be used to organise and analyse the sending of newsletters, among other things. The data you enter for the purpose of subscribing to the newsletter is stored on the servers of Sendinblue GmbH in Germany.
With the help of Brevo, we are able to analyse our newsletter campaigns. For example, we can see whether a newsletter message has been opened and which links have been clicked on. In this way, we can determine, among other things, which links were clicked on particularly often.
We can also recognise whether certain previously defined actions were carried out after opening/clicking (conversion rate). For example, we can recognise whether you have made a purchase after clicking on the newsletter.
Brevo also allows us to subdivide ("cluster") newsletter recipients according to various categories. The newsletter recipients can be categorised by age, gender or place of residence, for example. In this way, the newsletters can be better customised to the respective target groups.
If you do not wish to be analysed by Brevo, you must unsubscribe from the newsletter. We provide a corresponding link for this purpose in every newsletter message.
Detailed information on the functions of Brevo can be found at the following link: https://www.brevo.com/de/newsletter-software/.
The data processing takes place on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
For more information, please refer to Brevo's privacy policy at: https://www.brevo.com/de/datenschutz-uebersicht/ and https://www.brevo.com/de/legal/privacypolicy/.
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which guarantees that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
This site uses so-called Google Fonts, which are provided by Google, for the standardised display of fonts. The Google fonts are installed locally. There is no connection to Google servers.
You can find more information about Google Fonts at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.
This site uses Font Awesome for the standardised display of fonts. Font Awesome is installed locally. There is no connection to Fonticons, Inc. servers.
Further information about Font Awesome can be found in the Font Awesome privacy policy at: https://fontawesome.com/privacy.
§ 1 General
(1) The following Terms and Conditions of Sale and Delivery shall apply exclusively to all deliveries and other services; they shall only apply if the Buyer is an entrepreneur (§ 14 BGB [German Civil Code]), a legal entity under public law or a special fund under public law.
(2) Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and insofar as the Seller has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the Seller makes the delivery to the Buyer without reservation in the knowledge of the Buyer's General Terms and Conditions.
(3) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC.
(4) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, these shall apply insofar as they are not amended or expressly excluded in these GTC.
§ 2 Conclusion of contract
(1) Contractual offers of the Seller are subject to change and non-binding. This shall also apply if the Buyer has been provided with catalogues, technical documentation or other product descriptions or documents - including in electronic form. The Seller reserves the property rights and copyrights to such documents.
(2) The order of the goods by the Buyer shall be deemed a binding contractual offer, which can be accepted by the Seller by order confirmation or by delivery of the goods to the Buyer.
(3) The documents on which the offer or order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally only to be understood as approximate values, unless they are expressly designated as binding.
§ 3 Prices, terms of payment, default of payment
(1) Unless otherwise agreed in individual cases, the prices shall apply ex warehouse plus statutory VAT and excluding packaging and other shipping and transport costs. Packaging shall be charged at cost price and shall only be taken back if the Seller is obliged to do so by mandatory statutory provisions. Any customs duties, fees, taxes and other public charges shall be borne by the Buyer.
(2) If there are more than 4 months between the conclusion of the contract and delivery, without the Seller being responsible for a delay in delivery, the Seller may increase the price appropriately, taking into account any increases in material, labour and other ancillary costs incurred, which are to be borne by the Seller. If the purchase price increases by more than 40%, the Buyer shall be entitled to withdraw from the contract.
(3) If the Seller takes the Buyer's change requests into account, the Buyer shall bear the additional costs incurred as a result.
(4) The purchase price is due and payable within 14 days of receipt of the consideration and receipt of the invoice. The place of fulfilment for the payment of the purchase price is the registered office of the seller.
(5) Upon expiry of the above payment period, the Buyer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable default interest rate; this is currently 9 percentage points above the respective base interest rate. In addition, a lump sum for damages caused by default in the amount of EUR 40 shall be charged. The seller reserves the right to assert further damages caused by default, taking into account the lump sum for damages caused by default.
§ 4 Offsetting, right of retention
Offsetting and the assertion of a right of retention on the part of the buyer are excluded unless the counterclaim on which the offsetting or the right of retention is based is undisputed or has been legally established. In the event of defects in the delivery, the Buyer's counter-rights shall remain unaffected, in particular in accordance with § 8 of these GTC.
§ 5 Delivery period, delay in delivery
(1) The specification of a delivery date shall be made at our best judgement upon acceptance of the order. The delivery date is only binding if it is expressly designated as binding.
(2) The delivery period shall be extended appropriately if the Buyer delays or fails to provide necessary or agreed co-operation. Changes to the delivered goods initiated by the Buyer shall also lead to a reasonable extension of the delivery period.
(3) If the Seller fails to meet binding delivery deadlines for reasons for which it is not responsible, it shall inform the Buyer of this immediately and at the same time notify the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, the Seller shall be entitled to withdraw from the contract in whole or in part; any consideration already paid by the Buyer shall be reimbursed immediately. A case of non-availability of the service shall be deemed to be in particular the failure of suppliers to deliver to the Seller in good time if neither the Seller nor the supplier is at fault or the Seller is not obliged to procure in the individual case.
(4) The occurrence of default in delivery shall be determined in accordance with the statutory provisions. In any case, a reminder from the Buyer is required.
(5) The rights of the Buyer pursuant to § 9 of these GTC and the statutory rights of the Seller, in particular in the event of an exclusion of the obligation to perform, in particular in the event of impossibility or unreasonableness of performance, shall remain unaffected.
§ 6 Delivery, transfer of risk, acceptance, default of acceptance
(1) Delivery shall be made from the Seller's warehouse, which is also the place of fulfilment. At the request and expense of the Buyer, the goods shall be dispatched to another destination. Unless otherwise agreed, the Seller shall be entitled to determine the type of dispatch, in particular the transport company, dispatch route and packaging.
(2) The Seller is authorised to make partial deliveries to a reasonable extent.
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer at the latest upon handover. In the case of sale by despatch, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, carrier or other consignor. If acceptance has been agreed, this shall be the relevant point in time for the transfer of risk. In all other respects, the statutory provisions for the law on contracts for work and services shall also apply accordingly to an agreed acceptance. If the buyer is in default of acceptance, this shall be deemed equivalent to handover or acceptance.
(4) If the Buyer is in default of acceptance, fails to co-operate or if the delivery is delayed for other reasons for which the Buyer is responsible, the Seller shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). In addition, the Seller shall be entitled to further statutory claims.
§ 7 Retention of title
(1) The Seller retains title to the purchased and delivered goods until full payment of all current and future claims arising from the purchase contract and an ongoing business relationship.
(2) The Buyer is not authorised to pledge the goods subject to retention of title to third parties or to assign them as security, but is entitled to resell the goods subject to retention of title in the ordinary course of business. The Buyer hereby assigns to the Seller by way of security any resulting claims against its business partners. The seller accepts the assignment. The buyer is revocably authorised to collect the claims assigned to the seller for the seller's account in his own name.
(3) In the event of breach of contract by the Buyer, in particular non-payment of the purchase price due, the Seller shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the buyer does not pay the purchase price, the seller may only assert these rights if he has previously set the buyer a reasonable deadline for payment without success or if such a deadline can be dispensed with in accordance with the statutory provisions.
(4) The retention of title shall extend to the full value of the products created by processing, mixing or combining the goods. If, in the case of processing, mixing or combining with goods of third parties, the ownership of the latter remains, the Seller shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
(5) If the value of all securities existing for the Seller exceeds the existing claims by more than 10 %, the Seller shall release securities of the Seller's choice at the Buyer's request.
§ 8 Claims for defects
(1) The Buyer's claims for defects presuppose that he has fulfilled his statutory duties of inspection and notification of defects (§ 377 HGB). If a defect is discovered during the inspection or later, the Seller must notify the Buyer of this in writing without delay. Notification shall be deemed immediate if it is made within two weeks, whereby the timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, the Buyer must notify the Seller of obvious defects in writing within two weeks of delivery; here, too, the timely dispatch of the notification is sufficient to meet the deadline. If the Buyer fails to properly inspect the goods and/or report defects, the Seller shall not be liable for the unreported defect.
(2) If the delivered item is defective, the buyer may demand subsequent fulfilment in the form of rectification or replacement delivery. The seller can refuse the type of subsequent fulfilment chosen by the buyer in accordance with § 439 Para. 3 BGB. If the buyer does not decide on the form of subsequent fulfilment, the right to choose shall pass to the seller upon expiry of a 14-day period. The seller can make the subsequent fulfilment owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a proportionate part of the purchase price.
(3) The Buyer shall give the Seller the time and opportunity required for the subsequent fulfilment owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item to the Seller in accordance with the statutory provisions. Subsequent fulfilment does not include the removal of the defective item or its reinstallation if the seller was not originally obliged to install it.
(4) The Seller shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, unless the request to remedy the defect proves to be unjustified. In this case, the costs shall be reimbursed by the Buyer.
(5) Only in urgent cases, for example if operational safety is jeopardised or to prevent disproportionate damage, shall the Buyer have the right to remedy the defect himself and to demand compensation from the Seller for the expenses objectively necessary for this purpose. The Buyer must inform the Seller immediately, if possible in advance, of any such self-remedy. There is no right to self-remedy if the seller would be entitled under the statutory provisions to refuse a corresponding subsequent fulfilment.
(6) If the subsequent fulfilment fails or if a reasonable deadline set by the Buyer for the subsequent fulfilment expires without success or if the setting of a deadline is dispensable according to the statutory provisions, the Buyer may, at his discretion, reduce the purchase price or withdraw from the contract. The right of cancellation is excluded in the case of a minor defect.
(7) Further claims of the Buyer, insofar as these do not result from the assumption of a guarantee, shall only exist if they result from these GTC and are otherwise excluded.
(8) Where permissible, claims for defects shall become time-barred one year after delivery of the purchased item, otherwise within the statutory limitation period. If acceptance has been agreed, the limitation period shall commence upon acceptance.
§ 9 Other liability, limitations of liability
(1) The Seller's liability for damages shall be limited to intent and gross negligence. In the event of simple negligence, the Seller shall only be liable for damages resulting from injury to life, body or health and for damages resulting from the breach of a material contractual obligation. An obligation is material if its fulfilment is essential for the performance of the contract and if the contractual partner regularly relies and may rely on its fulfilment. In this case, liability is limited to compensation for foreseeable, typically occurring damage.
(2) The limitations of liability resulting from paragraph 1 shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. This shall also apply to the Buyer's claims under the Product Liability Act.
(3) The Buyer may only withdraw from or cancel the contract due to a breach of duty that does not consist of a defect if the Seller is responsible for this.
§ 10 Choice of law, place of jurisdiction, severability clause
(1) The inclusion and interpretation of these Terms and Conditions of Sale and Delivery as well as the conclusion and interpretation of legal transactions with the Buyer itself shall be governed exclusively by the law of the Federal Republic of Germany. The application of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, is excluded.
(2) The place of jurisdiction is Ratingen, provided the buyer is a merchant. The Seller shall also be entitled to bring an action before a court which has jurisdiction for the registered office or a branch of the Buyer.
(3) The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties shall be obliged in good faith to replace an invalid provision with a valid provision that is equivalent to its economic effect, provided that this does not result in a material change to the content of the contract; the same shall apply if a matter requiring regulation is not expressly regulated.