General Terms and Conditions for Consumers
§ 1 Applicability
These General Terms and Conditions contain the terms and conditions agreed between you and us, M.J. Raak GmbH, Berner Straße 38, 60437 Frankfurt am Main, Germany.
§ 2 Conclusion of Contracts; Due Date; Shipping Restrictions
(1) The presentation of any goods on our website www.myhusqvarna.com does not constitute a legally binding proposal of ours.
(2) The purchase price becomes due and payable upon signing a contract.
(3) We deliver to Switzerland, Austria, Germany and almost all member states of the European Union.
§ 3 Copyrights; Indemnification
(1) You can use your own design at our store and thus personalise your footwear. You are allowed to use only such themes, images or other designs that you are entitled to use and that do not violate applicable laws or any third party right. You covenant to us that the designs you use are not in breach of applicable laws
(2) You indemnify us against all and any claims that may be raised against us due to infringement of any trademark, copyright, trade or personal name, or any other applicable law whatsoever for which you are responsible. This also includes the necessary costs of our legal defence.
§ 4 Our Liability
Unless otherwise agreed hereinafter, the statutory warranty rights apply to our goods:
(1) We are liable, for whatever legal reason, for damages or the reimbursement of futile expenses in accordance with the provisions of letters (a) and (b):
(a) In case of intent or gross negligence, our liability is unlimited. In case of ordinary negligence, we are only liable for damage caused by a breach of a material contractual obligation (the obligation that has to be met to ensure proper performance of the contract and that you regularly do and may trust that it will be fulfilled); in this case, however, our liability is limited to the compensation of foreseeable and typical damage.
(b) The liability exclusions and limitations resulting from letter (a) do not apply if we have maliciously concealed a defect or provided quality warranty, for damage arising from injury to life, body or health, as well as in case of liability under the Product Liability Act.
(2) If our liability is excluded or limited, this also applies to the personal liability of our legal representatives and agents.
§ 5 Title Retention
We retain title to the goods delivered to you until the total purchase price has been paid.