General terms and conditions of business

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders that you place in the online shop “Grenz/gang” of

einStein Consulting GmbH,
Weidachstrasse 4,
87538 Obermaiselstein,

registered in the commercial register of the local court of Kempten: HRB 11622, VAT identification number: DE 28 42 68 543,
represented by the managing directors Heike Steinbauer and Thomas Steiner,


(2) The range of goods in our online shop is aimed exclusively at buyers who are at least 18 years old.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby expressly rejected.

(4) The contract language is German.

(5) You can view the currently valid General Terms and Conditions on the website retrieve and print.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the button [“Order with payment”] you submit a binding offer to purchase (Section 145 of the German Civil Code).

(3) After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website at [“”].

§ 4 Terms of payment; default

(1) Payment shall be made either:

Invoice in advance, purchase on account, credit card,
Paypal or direct debit.

(2) We are responsible for selecting the payment methods available at any given time. In particular, we reserve the right to only offer you selected payment methods, for example only advance payment to protect our credit risk.

(3) If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(4) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we ship the goods to you.

(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

(6) When paying by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

(7) If you default on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after default occurs, you will be charged a reminder fee of EUR 2.50, unless lower or higher damages can be proven in individual cases.

§ 5 Set-off / Right of retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specified.

(2) Orders can only be sent to Germany, Austria, Italy, Luxembourg, Liechtenstein and Switzerland. Delivery is only possible in normal household quantities.

(3) The goods remain our property until the purchase price has been paid in full.

(4) We are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but have not been delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our inventory and the goods we have ordered from our suppliers.

(5) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition:

We reserve title to the goods until all claims arising from the current business relationship have been settled in full.

Before the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

  • You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 Transport damage

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

§ 8 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items is – in deviation from the statutory provisions – one year. This

This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation), as well as to claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) Otherwise, the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

    • Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
    • You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. To meet the deadline, it is sufficient to send the goods on time. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
    • In the event of defects, we will provide warranty at our discretion by repairing the goods or delivering a replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
    • If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
    • The warranty period is one year from date of delivery.

§ 9 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from slight negligence resulting from injury to life, body and health of persons.

(2) In all other respects, the following limited liability applies: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the

This limitation of liability also applies to our vicarious agents.

§ 10 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without having to go to court. The dispute resolution platform can be reached via the external link

We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you the opportunity to participate in such a procedure.

§ 11 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you are subject exclusively to German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: May, 2018

The general terms and conditions are based on a model from the Federal Association of E-Commerce and Mail Order Germany (bevh). We have made personal changes. The copyright is held by HÄRTING Rechtsanwälte,, Chausseestrasse 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4