for all deliveries and services of antispyshop.de, a webshop of Anonox GmbH (hereinafter referred to as “Supplier”, for further contact details, see Imprint)
§ 1 Scope, definitions
(1) For the business relationship between the “Supplier” and the Customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Divergent general terms and conditions of the Customer are not acknowledged, unless the Supplier agrees to their validity in writing.
(2) For the purposes of these General Terms and Conditions, a Consumer is any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB), and an “Entrepreneur” is a natural or legal entity or a legal partnership that acts on conclusion of the contract in the exercise of their commercial or independent professional activity (§ 14 (1) BGB).
§ 2 Conclusion of contract
(1) Our offers in the online shop are subject to change and are non-binding. By placing an order in the online shop, the Customer makes a binding offer to purchase the product in question, which we may accept.
(3) The Supplier then sends the Customer an automatic confirmation of receipt by email, in which the Customer’s order is listed once again and which the Customer can print via the “Print” feature. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Supplier and does not constitute acceptance of the application. In this email or in a separate email, but at the latest on delivery of the goods, the text of the contract (consisting in particular of the order and GTCs) will be sent to the Customer by us on a durable medium (email or paper printout). The contract is concluded only by the submission of acceptance by the Supplier, which is sent, for example, as a separate email (contract confirmation).
(4) The text of the contract is stored in compliance with data protection requirements. If you have created a user account and have placed the order via this user account, you can retrieve the content of the contract (your ordered products, etc.) on our website by logging in with your user account. We reserve the right to make technical changes.
(5) The conclusion of the contract is either in German or English.
§ 3 Delivery, availability of goods
(1) Deadlines and dates specified by us for the shipment of the goods are always approximate and may therefore be exceeded by up to two business days. This does not apply if a fixed shipping date has been agreed.
(2) All delivery periods specified by us during the order or otherwise agreed begin, (a) if delivery is agreed in advance, on the day of receipt of the full purchase price (including sales tax and shipping costs) or, (b) if cash on delivery or on account is agreed, on the day of the conclusion of the contract of sale.
(3) The date of handover of the goods by us to the shipping company shall be decisive when determining compliance with the shipping date.
(4) Even if goods are labeled as “in stock,” we are entitled to sell off these goods at any time if (a) the limited availability of the goods has been indicated or (b) the delivery takes place against advance payment and the payment is not received by us within a period of five business days after our acceptance of the offer.
In these cases, shipping shall occur by the deadline agreed or specified by us while stocks last.
(5) If no delivery period is specified or otherwise agreed or if we are no longer obliged to comply with an agreed delivery deadline because of the permitted sell-off pursuant to subsection 4, a shipment is deemed to have been agreed within three weeks from the beginning of the delivery period specified in subsection 2.
(6) In the event that our supplier does not deliver goods that have been indicated as “out of stock” or sold off in accordance with subsection (4) to us in a timely manner, the relevant delivery period pursuant to this subsection (4) shall be extended until the time of delivery by our supplier plus a period of three working days, but not exceeding a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have reordered the goods immediately.
(7) If, for one of the reasons stated in subsection 6, the goods are not or cannot be delivered on time, we will inform the Customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the contract of sale. In case of withdrawal, we will immediately reimburse the Customer for any payments made to us. The statutory rights of the Customer due to delay in delivery are not affected by the above provision, whereby the Customer may only demand damages pursuant to § 8 of these General Terms and Conditions.
(8) We are entitled to make partial deliveries of separately usable products included in an order, whereby we bear any additional shipping costs incurred thereby.
§ 4 Retention of title
Until full payment, the Supplier retains the title to the delivered goods.
§ 5 Shipping, insurance and transfer of risk
(1) Unless otherwise expressly agreed, we will determine the appropriate shipping method and carrier at our discretion.
(2) We owe only the timely and proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. As such, shipping times specified by us are non-binding. However, if we have taken on installation or assembly work on the Customer’s premises, by way of derogation, we owe the timely completion of this work and handover to the customer on the contractually agreed date.
(3) If the Customer is a Consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods passes to the Customer at the time the goods are delivered to the Customer or the Customer is in default of acceptance. In all other cases, if we only owe shipment, the risk passes to the Customer upon delivery of the goods to the carrier. However, if we have taken on installation and assembly work at the Customer’s premises, the risk passes to the Customer upon completion and handover.
§ 6 Prices, costs, payment methods
(1) All prices indicated on the website of the Supplier include the statutory rate of sales tax.
(2) Any shipping costs arising shall be indicated to the Customer in the ordering process and are to be borne by the Customer provided that the Customer does not exercise its right of cancellation.
(3) In the event of a cancellation, the Customer must bear the direct costs of the return. The corresponding notes in the Cancellation Policy apply; see § 9 of these General Terms and Conditions.
(4) The Customer may make the payment by credit card (American Express, Mastercard, Visa), Sofortüberweisung, PayPal, advance transfer, Giropay or cash payment form.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the Customer is already deemed in default if it exceeds the deadline. In this case, they must pay the Supplier default interest for the year in the amount of five percentage points above the base rate. In the case of legal transactions in which a Consumer is not involved, this interest rate for remuneration claims is eight percentage points above the base rate.
(6) The obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by delay by the Supplier.
§ 7 Warranty for material defects, guarantee
(1) The Supplier is liable for material defects pursuant to the relevant statutory provisions, in particular §§ 434 et seq. BGB. For Entrepreneurs, the warranty period for goods delivered by the Supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the Supplier only if this was explicitly stated in the order confirmation for the item in question.
(3) For Entrepreneurs, the following applies. The Customer must inspect the goods carefully after transfer. The delivered goods are deemed to have been approved by the Customer if a defect is not reported to us within five business days after delivery in the case of obvious defects or else within five business days after discovery of the defect.
§ 8 Liability
(1) Claims of the Customer for damages are excluded. This does not apply to claims of the Customer for damages resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the Supplier or its legal representatives or vicarious agents. Material 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 Supplier shall only be liable for the contractually typical, foreseeable damage if this was caused by simply negligence, except in the case of claims of the Customer for damage resulting from injury to life, limb or health.
(3) The limitations of subsections 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Supplier if claims are asserted directly against them.
(4) The limitations of liability resulting from subsections 1 and 2 do not apply insofar as the Supplier has fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies insofar as the Supplier and the Customer have made an agreement concerning the condition of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of cancellation
(1) When concluding a distance selling transaction, Consumers generally have a statutory right of cancellation. The Supplier has made information on this available below in accordance with the statutory model. A Consumer is any natural person who enters into a legal transaction for purposes that can neither be attributed predominantly to their commercial nor their independent professional activity. Exceptions to the right of cancellation are mentioned in subsection (2). Subsection (3) contains a sample cancellation form.
Right of cancellation
You have the right to cancel this contract within fourteen days without providing any reason.
The cancellation period is fourteen days from the date on which you or a third party appointed by you, who is not the carrier, has taken possession of the goods.
To exercise your right of cancellation, you must notify us
Anonox GmbH, Karlstraße 15, D-65185 Wiesbaden, fax: + 49 611 58 08 73 05, e-mail: firstname.lastname@example.org, phone: + 49 611 58 08 73 00,
by means of a clear statement (such as a letter sent by mail, fax or email) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose; however, it is not required.
In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of your right of cancellation before expiry of the cancellation period.
Effects of cancellation
If you cancel this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from choosing a different delivery method than the cheapest standard delivery we offer) immediately and at the latest within fourteen days from the date on which we receive your notice of cancellation of this contract. For this reimbursement, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods or until you have provided proof that you have returned them, depending on which date is earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you have sent the goods before the expiry of the deadline of fourteen days.
You must bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value can be attributed to handling that is not necessary for the examination of the quality, characteristics and functioning of the goods.
End of Cancellation Policy
(2) Unless otherwise agreed, the right of cancellation does not apply to the following contracts in particular: Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the Consumer is authoritative or which are clearly tailored to the personal needs of the Consumer (see § 312g (2) (1) BGB). In our case, this exclusion applies in particular for the individual application of motifs and logos on the goods. This can likewise apply to the customization of the outer packaging. In addition, this exclusion also applies to the individual production of bags made to order.
(3) By way of the sample cancellation form, the Supplier has made information available pursuant to statutory regulations as follows:
Sample cancellation form
(If you would like to cancel the contract, please fill out this form and send it back.)
Anonox GmbH, Karlstraße 15, D-65185 Wiesbaden, fax: + 49 611 58 08 73 05, e-mail: email@example.com, phone: + 49 611 58 08 73 00,
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase
of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only for notification on paper)
(*) Delete as appropriate.
End of sample cancellation form
§ 10 Data protection
§ 11 Final provisions
(1) Contracts between the Supplier and the Customer are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the Customer as a Consumer habitually resides, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier is the domicile of the Supplier.
(3) The remainder of the contract shall continue to be binding even if individual provisions are legally ineffective. In lieu of the ineffective provisions, if available, the statutory provisions shall apply. To the extent that this would constitute an unreasonable hardship for one of the parties, however, the contract as a whole shall become ineffective.