General Terms and Conditions of Anne Marie Müller-Domrös
and of her businesses, design-and-arts, daa and Daa
These Terms and Conditions apply to all legal agreements concluded by Ms Anne Marie Müller Domrös, trading under the names of design-and-arts, daa and Daa, Weberstraße 5, 30916 Isernhagen
(hereinafter referred to as the 'Seller').
They form the basis of all contractual business relations established between you as a private or commercial Contracting Partner/Customer
(hereinafter referred to as the 'Customer')
and the Seller. No representatives or other commercially active persons act on behalf of Ms Müller-Domrös or the above-mentioned businesses.
The Seller offers her products
- on the auction site eBay,
- an online shop (direct selling, www.design-and-arts.de/shop or www.design-and-arts.com/shop),
- via her own auctions ( www.design-and-arts.irostrum.com )
- as well as in local direct sales.
The Terms and Conditions stipulated below apply to these various distribution channels.
If the terms and conditions of supply apply to a certain product, the Seller will inform the Customer accordingly in the product description.
1. General provisions
1.1. Customers in the sense of these General Terms and Conditions (GTC) can be both consumers and business entities.
1.2. A business entity means a natural or legal person or a partnership with legal personality that, upon entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
1.3. A consumer means any natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.
2. Forms of contracting
Contracts concluded through the Internet auction site eBay are formed in accordance with § 6 of the Terms and Conditions of the auction site. In excerpt, this provision reads: (Quote)
'§ 6 Selling Formats and Conclusion of Contract
2. When a seller lists an item in auction-style or fixed price format by means of the eBay services, he/she issues a binding offer to conclude a contract in regard to this item. In doing so, the seller determines a starting or fixed price and a time limit within which the offer can be accepted (listing duration). If the seller sets a minimum price in the auction-style format, then the offer is made subject to the proviso that the reserve price is met.
3. The seller may issue offers in auction-style format with an additional Buy It Now feature. This offer may be exercised by the buyer as long as no bid has been placed for this item or the reserve price has not yet been met. [...]
4. For fixed price items, the buyer accepts the offer by clicking the 'Buy It Now' button and subsequently confirming the purchase. For fixed price items, where the seller has selected the 'Immediate Payment' option, the buyer accepts the offer by clicking the 'Buy It Now' button and immediately completes the payment process. The buyer may also accept offers for several items by placing the items in the shopping cart (if available) and immediately completes the payment process.
5. In auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the proviso that the buyer is the highest bidder when the listing expires. A bid expires if another buyer places a higher bid whilst the listing is still active. [...]
6. If the seller terminates the offer early, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and to cancel the submitted bids.
7. Buyers may withdraw their bids only for a legitimate reason. After a legitimate withdrawal of a bid, no contract will be concluded after the auction has ended between the seller and the user who reverts to being the highest bidder following the withdrawal of the bid.
8. In certain categories, the seller may choose to list an item with the Best Offer option, which allows buyers and sellers to negotiate the price for an item. [...]
11. If an item is deleted by eBay before the listing has expired, no effective contract is concluded between the buyer and the seller.'
Where the term 'seller' is used in the excerpt above, it refers in this case to the Seller, while any reference in the excerpt to the term 'Buyer' means the 'Customer' for the purposes of these General Terms and Conditions.
EBay’s full General Terms and Conditions for the use of the German-language eBay services are currently available for inspection - subject to any changes by the auction portal - at http://pages.ebay.de/help/policies/user-agreement.html?rt=nc.
The individual technical steps that the Customer is required to take to submit his/her bid on eBay depend on the selected selling format:
- Online auction format
In the online auction format, the Customer first enters the amount of his/her maximum bid on the Seller’s item page in the box titled 'Enter your Maximum Bid'. Next, the 'Bid' button must be clicked. In the next step, eBay requests the Customer to review and confirm the bid entered. The maximum amount entered by the Customer is repeated and the Customer receives the following message:
'Your bid is binding. If you click the 'Confirm Bid' button and are the highest bidder at the end of the auction, you enter into a binding contract with the Seller. The full description of the item is provided below.'
The Customer is then able to confirm his/her bid or change the bid.
- Second Chance Offer to a non-winning bidder
In the 'Second Chance Offer' to non-winning bidders, the Customer first receives a message from eBay by email with the subject 'Second Chance Offer to non-winning bidder'.
The email to the Customer includes two buttons: 'View Item' and 'Reply Now'. Depending on the selected format, the steps stipulated by eBay must be followed. In the final step, the Customer can click on the 'Buy' button.
- Buy It Now; Shopping Cart feature
With a Buy It Now item, the Customer first clicks on the 'Buy It Now' button on the item page or on 'Add to Shopping Cart’ if the Customer wishes to purchase several items as part of a single order process and then progresses through the further steps stipulated by the eBay online marketplace. The Customer may choose between logging into an existing eBay account for the order, creating a new eBay account for the order, or carrying out the transaction without registration with eBay, as a 'Guest'. In the next step the Customer is prompted by eBay to 'Review and Buy'. The item is specified again, along with the price and the information on the shipping options, delivery and payment. The Customer may then click on the 'Buy' button or on the ‘Buy and Pay’ button if the Customer is making the transaction as a 'Guest' and/or with orders placed through the 'Shopping Cart' function. Below the 'Buy' button, the following suggestion is provided to the Customer:
'If you click “Buy” while you are the highest bidder, you are entering into a binding contract with the Seller. To cancel the transaction, press the “Back” button on your browser to return to the listing page.'
- Best Offer
With the 'Best Offer' feature, the Customer must first click on the 'Submit Offer' button on the item page. Another window then opens with the heading 'Make Offer', where the Customer can enter the proposed price. Then the Customer can click on 'Review offer'. Another window with the heading 'Review and confirm offer' opens. The Customer can now either send his/her best offer by clicking 'Submit offer' or change the offer by clicking 'Edit offer'.
The Seller has several options to respond to the Best Offer. The Seller may immediately accept, decline or consider the Customer's offer (i.e. accept or decline the offer within the 48 hour time limit indicated on the page, or decline the offer by making a counteroffer).
If the Seller declines the Best Offer, the Customer may submit another offer by clicking on the 'Submit New Best Offer' button. If the Seller declines the Best Offer by making a counteroffer, the Customer may accept the Seller’s new offer within the 48 hour time limit indicated on the page by clicking the 'Accept offer' button, decline the offer or make a counteroffer within the same time limit by clicking on 'Submit counteroffer'. In the latter case, the steps described above must be completed again.
In all processes referred to in 2.1.2, the Customer can identify, review and correct his/her data in the following manner:
After clicking the relevant button (e.g. 'Bid', 'Buy It Now', 'Make Offer', 'Review offer' or 'Submit new offer'), the Customer can review the data entered on the following confirmation page. If the Customer wishes to change his/her input, he/she may return to the previous eBay item page by clicking the 'Back' button of the browser or cancel the transaction by leaving the website and retrieving the eBay item page again later. The Customer can then change input errors again using the normal keyboard or cursor functions in the respective input fields.
2.2. Online Shop
The Customer can access the online shop on the websites " www.design-and-arts.de " bzw. " www.design-and-arts.com " by clicking the 'Shop' button in the menu. Alternatively, the Customer may select one of the three icons below the menu bar.
The Customer is then given a choice of the items that can be purchased in the online shop. By clicking on an item, the Customer can view detailed information and images of the item and the gross list price.
The products and services listed by the Seller in the online shop do not represent binding offers; rather, they represent an invitation to customers to submit a binding offer by placing an order ('invitatio ad offerendum'). The Customer may contact the Seller or submit his/her offer in regard to the desired items by clicking the 'Request item' button and entering his/her name, email address and a telephone number as well as a message.
The contract is subsequently generally concluded in oral and/or written form, but also through an exchange of declarations of intent by email. It requires the Seller’s explicit confirmation through one of the specified communication channels.
The Customer can leave the online catalogue and return to the previous website by clicking the 'Back' button on the browser or by leaving the website.
2.3. The Seller’s own auctions
Sections 156 of the German Civil Code [BGB], 34b of the German Trade, Commerce and Industry Regulation Act [GewO] and the Regulation on Commercial Auctions do not apply to the Seller’s own auctions. The Seller declares that she merely sells her own goods.
(1) Auctions are public and are conducted exclusively online. Items and the current highest bids can be viewed online.
Customers can access the website ' www.design-and-arts.de ' or ' www.design-and-arts.com ' by clicking the 'Auctions' button on the auction platform ' www.design-and-arts.irostrum.com '.
(2) Customers must register to participate in the auctions by entering their personal data (name, address, telephone number, email address and other details) on the Seller’s auction platform and accept the Seller’s General Terms and Conditions at ' www.design-and-arts.de/legals/terms-and-conditions ' or ' http://www.design-and-arts.com/legals/terms-and-conditions '. It is not possible to take part in an auction without entering the specified personal data and accepting the General Terms and Conditions.
A customer already registered must log in with his/her registration details in order to participate in an auction.
The Seller reserves the right to prohibit customers from taking part in auctions and to delete registrations without having to provide a (legal) justification for such action.
(3) Upon accessing the auction platform, the Customer receives an overview of upcoming, pending and past auctions. By clicking the 'View lots' button, the Customer can access the list of lots in the current auction to the extent that the lots are subject to a time limit.
As a rule, each uploaded item can be viewed 14 days before the start of the auction at the Seller’s company headquarters. In addition, each article will be published online at least 14 days before the start of the auction. The exact dates of the auction will be announced.
a) Each uploaded item will be published online with a description, an estimate, a description of the condition of the item and at least one photo. The Seller reserves the right to set a reserve price for a specific item to be auctioned and to state this reserve price in the description.
b) The Seller will carefully describe the items; oral and written descriptions relating to attribution, authenticity, description, date of manufacture, origin, materials and condition serve as estimates and not as description of characteristics or as warranted properties.
The Seller undertakes no guarantee.
Any claims for damages for incorrect or inaccurate descriptions are excluded unless they are based on a grossly negligent breach of duty on the part of the Seller or on an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the Seller.
c) Estimates express the Seller’s assumptions about the value of the item and the expected hammer price. The estimate does not represent an expert, absolutely secure assessment of the value of an item and does not include any additional costs (surcharges, shipping costs, taxes, customs, etc.).
d) Photos serve to illustrate the item for sale and should not be taken to represent any particular characteristics of the item; in particular, they are not a warrant of such characteristics. The colours and contrasts in the photographs may differ from those of the actual items. The same applies to the representation of the proportions of the item in relation to its actual size; in this connection the dimensions indicated in the product description apply.
e) All rights in images, texts and other materials on the website and in marketing campaigns belong exclusively to the Seller. It is expressly forbidden to use or copy the images, and in particular to use the images for one’s own commercial purposes without the written consent of the Seller.
(4) Reserve prices apply if expressly indicated in the offer; they shall not exceed the estimate.
The Seller is entitled to reduce a reserve price for an item during the auction.
2.3.2. Deadline for submitting bids
The time frame for submitting bids begins for each lot separately upon expiry of the period referred to in 2.3.1.(3). Unless otherwise indicated, the time limit for submitting bids is seven days.
The start and end times are indicated individually for each lot. Any times indicated refer to CET in Berlin.
A bid submitted in the last five minutes before the auction ends extends the period for the submission of bids by the difference between the remaining time period and five minutes; in other words, the deadline for the submission of bids is reset - in each case exclusively for the lot concerned - to five minutes.
(1) Binding bids can be placed by all customers - except for the group of persons indicated in para. 2.3.1.(2) - through the iRostrum platform for items offered by the Seller for sale on the auction platform during the respective bidding periods indicated for each item. A bid becomes effective upon receipt on the platform.
(2) A bid expires automatically if and as soon as an effective bid with a higher purchasing price is submitted to or received by the Seller through the auction platform. This does not apply if the higher bid is received by the Seller after expiry of the bidding period.
The Customer may not revoke a bid once it has been submitted.
(3) The incremental steps for bids will be defined by the Seller in the offer; unless otherwise stipulated, the bids are increased in incremental steps of 10% of the bid last submitted. If the Seller has set a reserve price, then the incremental steps apply only after reaching the reserve price.
(4) Each Customer accepts that upon conclusion of the contract for the lot item, in addition to his/her binding bid
• a premium of 10% of the hammer price - plus applicable VAT (in Germany currently 19%) on the premium,
• shipping costs (see below para. 3.2.2),
• if applicable, taxes in the Customer’s country,
• customs duties,
are payable in addition to the hammer price.
2.3.4. Acceptance and conclusion of contract
(1) Upon expiry of the bidding deadline, the Seller declares to accept the highest effective bid submitted during the bidding period (winning bid) that exceeds the reserve price. If the reserve price is exceeded, the contract of purchase and sale is concluded between the Seller and the bidder concerned upon expiry of the bidding deadline.
(2) If no bid matching or exceeding the reserve price has been submitted upon expiry of the bidding deadline, the Seller is entitled to subsequently consent to the highest bid below the reserve price (consent to the underbid). To this end, the Customer remains bound by his/her underbid for a period of 14 days after the end of the bidding period. The contract of purchase and sale is concluded upon receipt of the Seller’s declaration of consent by the Customer. The Seller may express consent by email, in writing or by shipping the item for sale.
(3) During the bidding period, the Seller is entitled to withdraw items from the auction at any time or to reject individual bids without the need to provide a reason for such action. This right expires upon expiry of the bidding period.
2.3.5. The Customer's steps
To participate in the Seller's auctions, Customers may access the Seller’s website under the 'Auctions' button in the Actions window. When prompted to sign in, the Customer must confirm his/her identity by stating his/her email address and password.
If the Customer is not yet registered, he/she is prompted at this point to register their personal data and to enter an email address and password.
(1) The Customer will be able to view all of the Seller’s current auctions. Individual lots as well as detailed information, including where relevant details on any other taxes, the estimate, the current status of the bids and the remaining bidding period will be displayed to the Customer by clicking on the respective overview image of the item.
(2) After selecting an auction, the Customer may take part in the auction for a particular item by clicking the 'Bid Now' button and then clicking the 'Submit Bid' button after confirming acceptance of the Seller’s General Terms and Conditions, and obtain information about the current highest bid; if the reserve price has not yet been reached, the Customer will be informed at this point that his/her bid does not meet the reserve.
If the Customer submits a bid that exceeds the reserve price, which is at the same time the highest bid in the current auction, this bid will be rounded down to the nearest lower amount that is relevant for the auction. The amount entered will be saved as the maximum marked bid.
In the event of equal bids in the same amount, the bid of the first bidder shall prevail. If a bid higher than the previous maximum bid is received, a notification will be displayed in the window of the bidder and sent by email.
(3) The Customer can then follow the progress of bidding in the bidding window by clicking on the link next to 'Bidding history'.
(4) At the same time, the bidder is able to include the item in the list of his/her tracked items by clicking on 'Track this item'.
(5) The Customer has the option to view the list of items that he/she has tracked under 'My Profile'. In addition, the Customer will receive information on the progress of bidding, active bids, the bidding history, current tracked lots, and purchased/auctioned lots.
(6) After completion of an auction, the Purchaser can view the results in the section 'Past auctions'.
Upon completion of the auction of a lot, the hammer price is recorded.
(7) By clicking on the browser’s ‘Back' button from the current auction, customers can return to or leave the auction platform or the Seller’s general website.
3. Prices, maturity and shipping
(1) All prices of items indicated are total prices including VAT or - if so expressly indicated in the item description - total prices including VAT as governed by the requirements of differential taxation according to section 25a of the Value-Added Tax Act [UStG]; in these cases, VAT is included in the total price but is not specified separately.
(2) The costs for packaging and shipping, surcharges and customs charges are not included.
The following applies to these costs:
(2.1.) On eBay (see above, 2.1.), the costs are specified in the listing. They become due for payment on conclusion of the contract in the same manner and form together with the purchase price.
(2.2.) In the online shop (2.2.), as well as for the auction platform (2.3.), the following applies to shipping.
a flat fee of € 10.00 including VAT for items dispatched nationally - provided the size or nature of the item does not prevent it from being shipped.
a flat fee of € 20.00 including VAT for items dispatched within the European Union - provided the size and nature of the item does not prevent it from being shipped.
a flat fee of € 30.00 including VAT for items dispatched to the USA/Canada - provided the size and nature of the item does not prevent it from being shipped.
In all other respects:
the actual shipping costs, which will be provided on request by email to firstname.lastname@example.org.
Combined shipping, which may be more cost-effective, may be possible upon request. This requires a written agreement between the Seller and the Customer.
All ancillary costs and claims stipulated in para. 3 become due at the same time as the purchase price.
(3) The purchase price/hammer price is due immediately upon conclusion of the contract.
(4) The item is shipped within two working days (weekdays Monday to Friday except for public holidays in Germany)
- after receipt of the payment by the Seller if payment in advance has been agreed,
- after conclusion of the contract for payment against invoice.
4. Retention of title
The Seller retains title to the goods delivered until full payment.
5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1. Payments shall be made by bank transfer, Paypal or in cash. Delivery is made at the shipping costs stated in the item description. The Customer will be notified of any relevant delivery restrictions.
5.2. If the Customer is a consumer, the Seller shall bear the shipping risk in any event, irrespective of the type of shipping. The risk of accidental loss of the purchased goods passes to the consumer upon transfer to the latter.
If the Customer is a business entity, all risks and hazards of shipping pass to the Customer as soon as the purchased goods are transferred by the Seller to the logistics partner.
6. Notice of right of revocation
If you are a business entity (cf. para. 1.2 from our terms and conditions) within the meaning of section 14 of the German Civil Code [BGB], you have no right of revocation.
The following applies to consumers (para. 1.3).
Notice of right of revocation
Right of revocation
You have the right revoke this contract within one month without stating a reason.
The revocation period is one month from the date on which you, or a third party appointed by you who is not the carrier, have/has taken possession of the goods.
To exercise your right of revocation you must inform me,
Anne Marie Müller-Domrös
- design-and-arts -
Tel: +49 5136 9202210
Fax: +49 5136 9202212
by means of an unequivocal statement (e.g. a letter transmitted by post, telephone, fax or email) of your intention to revoke this agreement. You may use the Notice of revocation form attached hereto, but this is not obligatory.
Timely submission of the notice of revocation before the end of the revocation period is sufficient for the purpose of meeting the revocation time limit.
Consequences of revocation
If you revoke this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) without undue delay, and at the latest fourteen days from the date on which your notice of revocation of this agreement has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund.
We may withhold reimbursement until we have received the goods returned by you, or once you have supplied us with evidence of having returned the goods, depending on which takes place first.
You shall return or deliver the goods to us without undue delay and in any event no later than fourteen days from the date on which you inform us about the revocation of this agreement. This deadline is considered as met if you return the goods before the fourteen day period elapses.
We shall bear the costs of returning the goods.
You shall be obliged to compensate us for any loss of value of the goods if this results from any improper handling of the goods not required for inspection of their condition, properties and functioning.
Standard revocation form
(Should you wish to revoke the contract, please complete this form and send it to us.)
To: Anne Marie Müller-Domrös, design-and-arts, Weberstraße 5, 30916 Isernhagen
Fax: +49 5136 9202212
I/we (*) hereby revoke the contract that I/we (*) concluded for the purchase of
the following products (*) ………………………………………………………………………………
ordered on (*) ………………………………………………………………………………
received on (*) ………………………………………………………………………………
Name of the consumer(s)…..……………………………………………………………….
Address of the consumer(s) ………………………………………………………………….
Date, signature of the consumer(s)
(*) Delete where not applicable.
Unless otherwise agreed by the Parties, the right of revocation does not apply to the following contracts:
• contracts for the supply of goods that have not been prefabricated and for the production of which an individual selection or identification by the consumer is essential or that have been clearly tailored to the personal needs of the consumer.
Unless otherwise agreed by the Parties, the right of revocation expires prematurely in the case of the following contracts:
• contracts for the supply of goods inseparably mixed with other goods after delivery due to their inseparable nature.
Please avoid damage and contamination of goods. If possible, please return the goods to us in their original packaging and with all accessories and all packaging components. If necessary, please use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against damage during transport.
7.3. Please note that the above para. 7.2 is not a precondition for the effective exercise of the right of revocation.
8. Compensation in the event of revocation
In derogation from section 346(2) No. 3 of the German Civil Code [BGB], in the event of revocation of the contract, the Customer shall provide compensation for the loss in value of the goods if such loss in value is related to the handling of the goods in a manner not necessary for an examination of the composition, properties and functioning of the goods, provided that we have instructed the Customer about his/her right of revocation in accordance with sentence 1 no. 1 of Article 246a section 1(2) of the Introductory Law to the German Civil Code (EGBGB).
9. Liability for defects; warranties; liability
All our products are subject to our statutory liability for defects. Liability and warranties on our part are governed by the relevant statutory provisions.
The warranty period for used items is twelve months. Claims for damages are excluded from this provision. Any guarantees given do not restrict the statutory warranty claims.
10. Consumer information in distance contracts relating to the purchase of goods
10.1. The Seller is not subject to any specific codes of conduct not mentioned above.
10.2. The essential characteristics of the goods offered by the Seller as well as the validity of fixed-term offers are described for the benefit of the Customer in the individual product descriptions provided as part of the Internet offer. German is the sole language for concluding the contract.
10.3. The Customer may raise any objections and warranty claims at the address indicated in the provider identification. Information on payment, delivery and performance is provided in the offer for the benefit of the Customer.
10.4. Saving of contract text on the eBay online market platform
After conclusion of the contract, the Seller will not save the text of the contract and will not make the text of the contract available to the Customer. However, the text of the contract will be archived by eBay and can be retrieved by the Customer free of charge for a period of 90 days after conclusion of the contract at www.ebay.de , specifying the item number. To display the listing page with the text of the contract, the Customer must enter the item number in the search field provided on the eBay home page and click on the 'Search' button. You can print the relevant web page using your browser’s print function. After conclusion of the contract, you will automatically receive an email with further information on the execution of the contract. You can also save the text of the contract by saving the web page on your computer by clicking the right mouse button. However, since the Seller has no influence on the term for which the contract is saved on the eBay website, we wish to point out that in terms of the eBay General Terms and Conditions, members themselves are responsible for archiving information saved by eBay that members need for purposes of proof, accounting or any other purpose on a storage medium independent of eBay.
10.5. Saving of contract text in the online shop
After conclusion of the contract, the Seller will not save the text of the contract and will not make the text of the contract available to the Customer. After conclusion of the contract, we will send the Customer an order confirmation containing all information to the email address provided by the Customer. In this email we will communicate all essential information relating to your order, our General Terms and Conditions and the notice of the right of revocation. You have the opportunity to print the General Terms and Conditions as well as your order with all entered data during the order process. You can print the contract text by using your browser’s print function. You can also save the text of the contract by saving the web page on your computer by clicking the right mouse button. After completion of the order process, the text of the contract will no longer be available to you.
10.6. Saving of contract text on the iRostrum auction platform
After conclusion of the contract, the Seller will not save the text of the contract and will not make the text of the contract available to the Customer. The Seller will send the highest bidder a confirmation of the highest bid or a notice of consent for the underbid. This confirmation will be sent to the email address provided by the highest bidder; this confirmation summarises once again the most important information relating to the bid. You have the opportunity to print the General Terms and Conditions as well as your bid with all entered data within the deadline for the submission of bids. You can also print the details of items offered for auction using your browser’s print function. Furthermore, you can also save the confirmation of the highest bid or the confirmation of the consent to the underbid by saving the email message to your computer by clicking the right mouse button. After completion of the auction process, the text of the contract/confirmation will no longer be available to you. The amount of the hammer bid is available as information under 'Past auctions'.
11. Final provisions
11.1. The contractual relationship between the Seller and the Customer as well as the relevant General Terms and Conditions are governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, any existing applicable statutory provisions and legal rights for the benefit of consumers available under the laws of the Customer’s country of residence shall not be affected by this agreement. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
11.2. If any of the above provisions are ineffective in whole or in part or fail to become part of the agreement, the contract remains effective in all other respects. If any provisions are ineffective or fail to become part of the contract, the content of the contract shall be in accordance with statutory regulations.
12. Instructions for consumers for out-of-court dispute resolution
12.1 Obligation to provide information according to the ODR regulation (Article 14 (1) ODR Regulation)
Link to the EU online dispute resolution platform: http://ec.europa.eu/consumers/odr
My e-mail address is: email@example.com
12.2 Obligation to provide information according to the Consumer Dispute Settlement Act (§36 VSBG)
I am not obliged to participate in a dispute settlement procedure at a consumer sacking office and I am not prepared in principle.