General Terms and Conditions
This English version is a translation of the legally binding German original. It is for informational purposes only.
I) General Terms and Conditions and Customer Information – Buddy Bär Berlin GmbH
For Buddy Bear Merchandise
These General Terms and Conditions (hereinafter referred to as "T&Cs“) are an integral part of all contracts concluded by means of distance communication, and in particular when contracts are concluded using the online store with the address: https://shop.buddy-baer.com, either by email or telephone, with the Buddy Bär Berlin GmbH – hereinafter referred to as “BBB“ – and the customers as stated and defined under Section 2. Detailed information about BBB is listed under ‘Legal Notice’.
This English version is a translation of the legally binding German original. It is for informational purposes only.
The BBB GmbH is the sole owner of all rights of use and all trademark rights pertaining to the Buddy Bears. The shapes of the BUDDY BEAR sculptures are nationally and internationally protected by copyrights and registered designs. Furthermore, all images of the BUDDY Bear sculptures and the names BUDDY BEAR and UNITED BUDDY BEARS are officially registered – both nationally and internationally – two- and three-dimensional protected trademarks.
Section 1 – Scope of application
These T&Cs apply exclusively and in the version as presented when concluding the contract. Any terms presented by a customer that deviate from these T&Cs do not form an integral part of the contract(s), unless BBB expressly acknowledges the validity of these terms, at least as a written text.
Section 2 – Definition of customers
For the purpose of this contract, customers are consumers and businesses, but also legal entities under public law and special funds under public law as well as churches and foundations, non-commercial private-law associations or other persons with a capacity to hold rights and duties that are contractual partners of BBB. Consumers are all natural persons concluding a contract with BBB for purposes that can neither be allocated primarily to this person’s commercial activities nor to the person’s freelance profession (cf. Section 13 of the German Civil Code). Businesses, however, are all natural persons or legal entities or partnerships with a capacity to hold rights and duties that practise their commercial or freelance professional activities (cf. Section 14 German Civil Code).
Section 3 – Contract language, wording of the contract, user account
3.1 The binding language for the conclusion of any contracts is German. If these T&Cs are provided in other languages, it does not alter the fact that the contractual language is German. In any cases of doubt, the German language version of these T&Cs shall take priority over any translated version.
3.2 After its conclusion, the actual wording of a contract will be saved by BBB in line with German data protection legislation and all other legal obligations pursuant to German law.
Insofar as the customer has initiated the conclusion of the contract using the online store with the address https://shop.buddy-baer.com, the customer receives the wording of the contract together with the agreed T&Cs by email, attached as a PDF document that can be printed out. If the customer places the order by email, telephone, by post or any other means of distance communication, BBB will send the customer a matching offer (together with the valid T&Cs), if all the requirements are met (cf. Subsection 4.2.2) and will confirm the receipt following the confirmation of the customer (cf. Subsection 4.2.3).
3.3 Only natural persons with an unrestricted capacity to hold rights, partnerships or legal entities and are entitled to order merchandise and/or register a user account. Minors can neither order merchandise nor register a user account. Only natural persons who act as authorised representatives can register or place an order on behalf of a legal entity, always providing the natural person’s full name. When placing an order or registering, it is mandatory to provide true, accurate, up-to-date and complete data required for this process. If an order or registration is incomplete, or in the case of implausible or incorrect order, BBB reserves the right to reject an order or a user registration, to reverse the order or the registration or to delete the user account after a reasonable period of time.
It is forbidden to disrupt the website or to utilise the user account in any context beyond the usage stipulated in these T&Cs. Particularly manipulations with the specific aim to cause damage, to obstruct the use of BBB’s website permanently or temporarily, or to obtain unauthorised payments or other benefits to the disadvantage of BBB are forbidden. The BBB GmbH will prosecute any infringements by means of civil and criminal law. In the case of an infringement of the terms stated under this section, BBB is entitled to block the user account with immediate effect. Furthermore, the BBB GmbH is not obligated to accept any registrations or orders. Additionally, BBB is not obligated to ensure the constant availability of this website, the user account of a customer, or the online store. Already concluded contracts shall remain unaffected by these regulations.
Section 4 – Conclusion of a contract
4.1 The BBB GmbH’s presentation of merchandise in the online store with the address "https://shop.buddy-baer.com is not a legally binding offer to conclude a sales contract, but rather an invitation to the visitor of the website to submit an offer to conclude a contract (Latin: invitatio ad offerendum).
4.1.1 Therefore, by placing an order via the order template of the online store with the address "https://shop.buddy-baer.com", the customer submits an offer to conclude a contract at the conditions stated on the website to BBB. BBB can accept this offer if the necessary requirements are met.
4.1.2 If the customer places the order in via the online store "https://shop.buddy-baer.com", he/she selects the merchandise to be purchased from the product range offered by BBB in the online store with the address "https://shop.buddy-baer.com" and places this merchandise into the virtual “shopping cart” by selecting the button “Add to shopping cart” with a mouse click. By clicking “Go to checkout” during the next step and entering the necessary data for processing the contract or registering or logging in, the customer places a legally binding offer to conclude a sales contract by selecting button “Order now” and is liable to pay for the order.
4.1.3 Before selecting the button “Order now”, you can make changes or abort the transaction at any point, particularly by selecting the ‘Back’ key of your browser or by selecting the respective “Change” button. However, customers can only place an order if they tick the box before the notice “I accept the T&Cs”, thereby accepting the terms of the contract and including them in the offer to conclude a contract. The most recent version of the T&Cs can be accessed throughout the customer journey via a hyperlink in the footer of the individual BBB web pages. Customers can download and print the PDF document.
4.1.4 Following a successful order, BBB sends an automatic email confirmation of receipt via their online store with the address https://shop.buddy-baer.com, which lists all details of the customer’s order. The customer can print this list by selecting “Print”. This automatic confirmation of receipt only documents that BBB has received the customer’s order. It is not an acceptance of the contractual offer. The contract with BBB is only concluded when the merchandise is dispatched.
4.2 Customers do not need to place their orders on the respective site of the BBB online store. They can also contact BBB and express their interest in purchasing merchandise offered in the BBB online store with the address https://shop.buddy-baer.com by email, by post or any other means of distance communication.
4.2.1 Some merchandise cannot be ordered in the online store with the address https://shop.buddy-baer.com, for example the 1m or 2m tall Buddy Bear blanks that form the base for an artistic design, or if a customer would like to purchase more than five of the small, still to be designed 22cm or 33cm tall sculptures or “Paint-it-yourself four-legged bears”. Anybody interested in these items, but also in any other items, can express their interest in purchasing one item or several items of the merchandise presented on on the BBB website by telephone, by post, etc. Customers designate the item with its gross price as listed in the BBB online store. Furthermore, they state whether they are consumers or a business, provide BBB with the first name and the surname as well as the contact email address, telephone number and the invoice address as well as – in case it diverges from the invoice address – the delivery address. Insofar as the details provided are incomplete or incorrect, BBB is under no obligation to submit a purchase offer to the interested party.
4.2.2 As soon as an enquiry in line with subsection 4.2.1 with all the details required by BBB arrives – and BBB wants to conclude a purchase contract with the interested party, BBB draws up the respective offer with the applicable prices and sends it with the currently valid T&Cs to the interested party. If the interested party wants to conclude the contract on the terms stated by BBB, he/she will accept this offer, sign it and return this order confirmation to BBB by post or telefax. The contract is concluded between the customer and BBB once the signed confirmation of the order has reached BBB. BBB will confirm the receipt of the order confirmation by sending an email to the customer.
Section 5 – Delivery / Availability of merchandise
5.1 Delivery times stated by BBB are calculated from the point in time when the confirmation email is sent. If the online store with the address https://shop.buddy-baer.com states no delivery time or no alternative delivery time, it is 1–4 working days (Monday to Friday) for deliveries within Germany. For deliveries to countries outside of the Federal Republic of Germany and within Europe, the delivery takes up to 5 working days if the merchandise is in stock. For deliveries to countries outside of the European Union, the delivery period depends on the delivery method (by air, land or ship) and the destination of the consignment.
5.2 The delivery times stated under subsection 5.1 do not apply to the merchandise listed under subsection 4.2.1 and in the case of an advance payment (see section 7).
5.3 If an item is not in stock at the time when an order is placed or an enquiry is made and therefore not ready for delivery, BBB informs the customer by email on receipt of the customer’s order or enquiry. In this case, BBB does not accept the customer’s offer to conclude a contract. BBB does not send an offer in response to the interested party’s enquiry, either. A contract is not concluded. BBB will immediately return any quid pro quo that they may have received at that point (and in particular any payments).
Section 6 – Delivery costs
The delivery costs have to be paid by the customer on top of the sales price stated in the online store (prices include German VAT). The respective delivery costs can be accessed via a link that leads the customer from the individual merchandise to a matrix indicating the delivery costs for the items according to weight and destination country. The weight of the individual items is listed with these items to enable the customer to calculate the delivery costs. If a customer orders more than one item, the delivery costs can be calculated by adding the individual weight of each item as stated in the matrix.
Section 7 – Prices and payment
The prices quoted in this online shop include VAT as applicable in Germany plus applicable delivery costs. BBB customers can pay by credit card, in cash or by invoice. If the customer chooses to pay by invoice, BBB reserves the right to ask for the payment to be made in advance. The invoiced amount has to be transferred to the bank account stated in the invoice on receipt of the merchandise and/or at the latest 10 days after receiving the invoice.
If the contractual partner of BBB is a business, a legal entity under public law or a special fund under public law, the contractual partner is not entitled to set off claims against BBB’s claims, unless this set-off has been legally established or has not been contested.
Section 8 – Customs
If merchandise has to be sent to countries outside of the EU, the recipient may be liable to pay import duties and taxes, which will be levied once the package reaches its intended destination. Any fees due for customs clearance have to be paid by the customer. BBB has no influence on these fees. Customs regulations vary considerably from country to country. Therefore, BBB advises their customers to contact their local customs authorities to obtain further information. Furthermore, BBB perceives customers as the importers that have to comply with all laws and regulations of the country where they receive the merchandise. In this context, BBB also points out that cross-border transactions are subject to being opened and checked by the customs authorities.
Section 9 – Retention of ownership
The merchandise remains the property of BBB’s until paid in full.
Section 10 – Guarantees
For consumers, statutory guarantees apply, in particular pursuant to Sections 434 ff of the German Civil Code.
For any contracts concluded with a business, a legal entity under public law or a special fund under public law, the statutory guarantee period for merchandise delivered by BBB is 12 months, unless a mandatory liability also applies after this period of time has expired (e.g. pursuant to Section 478, German Civil Code).
We do not grant any additional guarantee – unless otherwise agreed in writing with the individual customer.
Customers that are businesses are obliged to check the merchandise immediately on receipt, as far as proper business practises allow, and to notify BBB without delay about any defects that may become apparent during this inspection. If the customer fails to notify BBB about a defect, the merchandise is deemed to have been accepted, unless the defect was not discernible during the inspection. Should such a defect become apparent at a later stage, the customer has to notify BBB immediately after discovering the defect; otherwise, the merchandise is deemed to have been accepted even taking the defect into consideration. In order to uphold the rights of the customer, it is sufficient to send a timely notification of the defect.
Businesses are not subject to these regulations concerning the requirement to give notice of defects if a defect has been hidden with intent to deceive.
Section 11 – Liability
11.1 For customers that are consumers: For any sale to destination according to buyer’s instructions, the risk of accidental loss and deterioration of the sold merchandise is passed on to the customer once the merchandise has been handed over to the customer or to a recipient nominated by the customer.
11.2 For customers that are a business, a legal entity under public law or a special fund under public law, the risk of accidental loss and accidental deterioration of the merchandise is passed on to the customer with handing over the merchandise or – in the case of a sale to destination according to buyer’s instructions – with the delivery of the merchandise to the shipping company or any other person or institution commissioned to deliver the merchandise.
11.3 Otherwise, statutory regulations apply.
11.4 Claims to compensate for damages are excluded. This does not apply to claims to compensate for damages arising from injuries to life, body or health or from the breach of essential terms of the contract (cardinal duties). Neither does is apply to the liability for other damages arising from a wilful or grossly negligent breach of BBB’s duties by BBB itself, BBB’s legal representatives or persons employed to perform BBB’s obligations.
Cardinal duties are those duties BBB needs to comply with in order to fulfil the contract. As a rule, the contractual partner can rely on BBB’s compliance with these duties.
11.5 In the case of a breach of cardinal duties, BBB’s liability is limited to the foreseeable damages characteristic of such contracts if the damage is caused by ordinary negligence. This does not apply to claims for the compensation for damages arising from injuries to life, body or health.
11.6 The limitations of liability stated above also apply in favour of BBB’s legal representatives and persons employed to perform BBB’s obligations if the customer raises any direct claims for damages towards them.
11.7 The provisions of the product liability law shall remain unaffected.
Section 12 – Right of withdrawal policy
Consumers always have a statutory right of withdrawal when concluding a distance selling transaction. In the following, BBB informs about this right of withdrawal according to the statutory sample. BBB does not grant the right of withdrawal to businesses.
Under subsection 12.1, the consumers’ right of withdrawal is explained and the consequences of a withdrawal are outlined under subsection 12.2. A sample withdrawal form is introduced under subsection 12.3.
BBB does not grant the right of withdrawal - as outlined in this section under subsection 12.1 - to businesses.
Commencement of policy stating the right of withdrawal
12.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days from the day when you or a third party nominated you that is not the carrier of the goods, have/has received the merchandise; in the case of a contract that covers several items ordered by you with a single order order and that will be delivered separately, the withdrawal period starts from the day when you when you or a third party nominated by you that is not the carrier of the goods, have/has taken possession of the final item from this order; and in the case of a contract that states several partial deliveries or deliveries of individual parts, it starts on the day you or a third party nominated by you that is not the carrier of the goods, have/has received the last partial delivery or the final part of the delivery.
In order to exercise your right of withdrawal, you need to notify us (the Buddy Bär Berlin GmbH, Geisbergstraße 29, 10777 Berlin, Tel: +49 (0)30 88 77 26 81, Fax: +49 (0)30 88 77 26 90, Email: email@example.com) about your decision to withdraw from this contract by sending us an unequivocal declaration (e.g. a letter sent by post, a fax or an email). You may use the sample withdrawal form that is part of this document, but it is not mandatory to use the form.
You observe the withdrawal period by notifying us about your intention to exercise your right of withdrawal before the withdrawal period expires.
12.2 Consequences of withdrawal
If you withdraw from this contract, we are obliged to reimburse all payments that we have already received from you, including delivery costs (with the exception of any additional costs incurred because you chose a delivery method other than the most cost-effective standard delivery method offered by us) without delay and at the very latest within fourteen days from the day when we have received your notification about revoking the contract. For this reimbursement, we shall use the same method of payment used by you for the initial transaction, unless expressly agreed otherwise between you and BBB. We shall not charge you any reimbursement fees under any circumstances.
We can refuse reimbursement until the merchandise will have been returned to us or until you will have provided evidence that you have returned the merchandise to us, depending on which is the earlier date.
You are obliged to send or give the merchandise back to us without delay and in any case at the very latest within fourteen days from the day when you inform us about your withdrawal from the contract. You observe the agreed period for returning the goods if you send or give them back before the specified period of fourteen days expires.
You will have to bear all direct costs for returning the merchandise to us.
You will only have to carry the costs for any potential loss in the value of the merchandise if this loss in value can be ascribed to handling the merchandise in a way that is not necessary to check the condition, the features and the functioning of the goods.
End of the policy stating the right of withdrawal
BBB complies with the legal regulations and informs you about the sample withdrawal form as follows:
12.3 Sample withdrawal form
If you would like to withdraw from your contract, please fill in the following form an return it to us, using the contact details as stated below:
— To the:
Buddy Bär Berlin GmbH
Fax: +49 (0)30 88 77 26 90
— I/We (*) hereby withdraw from the contract concluded by me/us (*) to purchase the following merchandise (*) / the performance of the following service(s) (*)
— Ordered on (*)/Received on (*)
— Full name of the consumer(s)
— Address of the consumer(s)
— Signature(s) of the consumer(s) (only if the withdrawal form is sent on paper by post)
— Date (*)
Please delete as appropriate
Section 13 – Final provisions
13.1 All legal transactions with BBB are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. For contracts with consumers, this choice of the jurisdiction only applies inasmuch as the granted protection is not taken away by compulsory regulations of the jurisdiction of the state where the consumer has his/her usual place of residence.
13.2 If the customer is a business, a legal entity under public law or a special fund under public law, the place of fulfilment for all obligations to perform arising from the contract is the seller’s registered place of business and the place of jurisdiction for all disputes is Berlin. BBB is also entitled to sue in the location where the offices of the business, of the legal entity under public law or the special fund under public law are registered.
13.3 For alternative dispute resolutions, arbitration proceedings can be initiated via the EU ODR platform. You can reach this arbitration platform by accessing the following link: http://ec.europa.eu/consumers/odr/ The email address of BBB in line with Art. 14 Para 1 S. 3 of the Regulation (EU) 524/2013 is: firstname.lastname@example.org.
Notice pursuant to Section 36 Para. 1 No. 1 of the German Alternative Dispute Resolution (ADR) Act for consumers:
The Buddy Bär Berlin GmbH is not obligated and therefore not willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.
The following general terms and conditions of the Buddy Bär Berlin GmbH (hereinafter called BBB) apply to the purchase of blank Buddy Bears (sculptures) made of glass-fibre reinforced plastic.
BBB is the sole holder of all usage rights and trademark rights for the Buddy Bears. The shapes of the Buddy Bears are nationally and internationally protected by copyright and registered design. In addition, all visual representations of the BUDDY Bear sculptures and the names BUDDY BEAR and UNITED BUDDY BEARS are officially registered as protected trademarks (two- and three-dimensional design), both nationally and internationally.
Sculptures made of glass-fibre reinforced plastic (GRP) are the object of purchase.
Statutory guarantees apply, in particular pursuant to Sections §§ 434 ff. BGB (German Civil Code). For any contracts concluded with companies, the statutory guarantee period for goods delivered by us is 12 months, unless a mandatory liability also applies after the expiry of this period of time (e.g. pursuant to Section § 478 BGB (German Civil Code)).
We do not grant any additional guarantee – unless otherwise agreed in writing with the individual customer.
Corporate customers are obliged to check the delivered goods/services rendered immediately on receipt, as far as proper business practises allow, and to notify us without delay about any defects that may be revealed during this inspection. If the customer fails to notify us about a defect, the delivered goods/services rendered are deemed to have been accepted, unless the defect was not discernible during the inspection. Should such a defect manifest itself at a later stage, we need to be notified immediately after discovery; otherwise, the delivered goods/services rendered are also deemed to have been accepted taking the defect into consideration. In order to maintain the rights of the customer, it is sufficient to send a timely notification of the defect. The requirement to give notice of defects does not apply if a defect has been hidden with the intent to deceive or if the customer is a private consumer.
The buyer only fully owns the object(s) of purchase after payment of the full purchase price.
The full purchase price becomes due once the buyer has signed the order and BBB accepts it. The amount has to be paid to BBB within 10 days of issuing the invoice. By placing the order, the buyer accepts the general terms and conditions as presented here.
Only the models ‘Mini Friend’ and ‘Mini Dancer’ are exempt from the following provisions under §3, provided that they are not presented in a location that is visible to the public.
It is the buyer’s intention to commission an artist to paint the object of purchase. At the buyer’s request, BBB can identify an artist who can be commissioned to paint the bear. Other than that, painting the bear is the buyer’s responsibility.
Unless agreed otherwise, painting the bear is not included in the purchase price. The buyer pays all costs related to painting/applying the artistic design to the object of purchase.
The buyer is free to choose subject(s) for the artistic design of the object of purchase (please also refer to §4). However, the buyer/artist presents BBB with a draft design to be authorised by BBB. In order to ensure the artistic standards of the unique Buddy Bear sculptures, BBB reserves the right to reject a draft design that does not meet these artistic standards. Potentially, this restriction particularly applies to a design where the bear is painted with items of clothing.
The necessity to present a draft of the artistic design also applies if changes to the design of the bear are planned at a later stage or if the bear is redesigned completely.
On completion of the bear, the buyer pledges to provide BBB with photos of the bear at the buyer’s own expense.
The buyer ensures that prior to painting the bear, the artist confirms in writing to relinquish all rights of use and exploitation resulting from the artistic design of the object of purchase directly to BBB. A specific form provided by BBB (see enclosures) has to be used to agree the transfer of rights. The original form (Transfer Agreement) signed by the artist has to be sent to BBB without delay.
Among other reasons, BBB needs the rights of use in order to promote Buddy Bear activities (incl. potential auctions for a charitable cause) in the best possible way and in order to take appropriate measures against any unauthorised exploitation of rights by third parties. In agreement with the buyer, the right of use transferred to BBB (see Transfer Agreement) entitles BBB to use it for commercial purposes, e.g. merchandising, or to authorise third parties to use it for commercial purposes.
The buyer is liable for any damage that might arise for BBB if the buyer fails to ensure the transfer of rights of use and exploitation from the artist to BBB in line with the aforementioned form.
The buyer pledges to impose his/her obligation to obtain all rights of use and exploitation from the artist who paints the bear - as stated in clause 4 - on a potential legal successor as well – coupled with the legal successor’s obligation to impose this clause on any other legal successors.
The buyer is free to choose the subject(s) for the artistic design of the object of purchase (please also refer to §3 clause 2). However, subjects with a political content or subjects that are contra bonos mores or violate third-party rights are excluded. It is also forbidden to add corporate logos, trademark logos, website addresses or printed advertising to the object of purchase. It is equally forbidden to attach boards or signs with an advertising message to the object of purchase.
Notwithstanding this regulation, company logos pertaining to the owner or the sponsor of a bear can be placed on a designated sign on the base plate (if a base plate is attached to the bear).
Buddy Bears are art objects. Therefore, it is not permitted to use them for direct advertising or commercial purposes. In particular, this also applies to any representation of the object of purchase in any environment directly linked to promotional purposes, for example in advertisements, on promotional items or on vehicles and to any integration in a corporate design, in business documents or in a company logo.
If the buyer violates any of the above mentioned criteria or obligations or presents a bear that violates the above mentioned criteria in a publicly accessible or visible area, the buyer is liable to pay a contractual penalty of €1,000 per violation to BBB.
The buyer pledges to impose the above mentioned restrictions relating to the use of a bear as well as the agreed contractual penalty for any violation on any potential legal successor, coupled with the legal successor’s obligation to impose this clause on any other legal successors.
The buyer pledges to inform BBB about the location of the bear, any changes of the location as well as the sale or transfer of the bear to a legal successor. This regulation does not apply to the duties to supply information relating to the models ‘Mini Friend’ and ‘Mini Dancer’.
If it is intended to place the object of purchase in the area of a public road, the buyer knows that this is subject to the appropriate permit by the local authorities and that BBB is neither obliged to provide such an authorisation nor guarantees that such a permit is granted.
If the bear is purchased at a special price, the buyer pledges to pay a donation of €150 to an organisation/institution suggested by BBB (this is applicable to the models ‘The Friend’, ‘The Dancer’, ‘The Acrobat’ and ‘The Friend No. 2’) or to donate €85 for a purchase of the ‘Mini Friend’ or €50 for a purchase of the ‘Mini Dancer’. The donation will have to be paid within ten days after signing the order placed with BBB. BBB will pass on the donation to the respective organisation/institution. The organisation/institution itself will then in turn issue a donation receipt for the buyer. The special price stated overleaf is only granted under these preconditions.
We advise the buyer to insure the object of purchase. BBB assumes no liability for any damage to the object of purchase itself or any artwork painted on the object of purchase or any damage of the sign pertaining to the owner of the bear that may occur during the presentation of the object of purchase in public or private spaces.
The buyer pledges to exercise appropriate duty of care if the bear is set up in a publicly accessible or visible area, particularly in terms of cleaning the bear on a regular basis and in terms of repairing any damage that might occur. The buyer may choose to commission BBB to clean or restore the bear. The buyer pays for all cleaning and restoration costs.
If a buyer does not comply with his obligations to clean or restore the bear in spite of a reminder with a fixed deadline, BBB is entitled to carry out the necessary measures at the buyer’s expense.
The buyer pledges to impose the above mentioned obligation to clean and restore the bear on any potential legal successor, coupled with the legal successor’s obligation to impose this clause on any other legal successors.
The same applies to the buyer’s obligation to inform BBB about the location of the bear, about selling a bear or about potential legal successors.
With his/her signature and BBB’s order confirmation, the order is legally binding for the buyer. No oral additional agreements were made.
The place of jurisdiction is Berlin, unless otherwise required by the law.
If individual clauses of this agreement/these terms and conditions shall be held to be invalid or if there are any regulatory gaps in this agreement/these terms and conditions, the contractual partners pledge to replace the respective invalid clause by a valid clause that is deemed to be the most economic solution for the originally intended purpose.
By placing the order, the buyer unconditionally accepts these terms and conditions.