General Terms and Conditions
Last Update: 11.07.2020
The contractual partner of the customer is
T. D. G. Vertriebs GmbH & Co. KG
Alter Wandrahm 10
Trade register: AG Hamburg, HRA 109 850
Tax number: 74/259/02800
(1) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Sale. These are an integral part of all contracts that we conclude with our customers for the goods offered by us.
(2) Terms and conditions of the customer or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter which contains or refers to the terms and conditions of the customer or a third party, this does not constitute agreement with the validity of those terms and conditions.
(3) The product range in our online shop is aimed equally at consumers and entrepreneurs, however only to end users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into a legal transaction for a purpose outside either his trade, business or professional activity (§ 13 of the German Civil Code, BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who acts in the exercise of his or its trade, business or professional activity when entering a legal transaction (§ 14 para. 1 BGB).
§ 2 Offer and Conclusion of Contract
(1) The offers of goods presented in our online shop or print media are subject to change and are not offers in the legal sense.
(2) By clicking the button "Add to cart", the customer can put the respective goods into the virtual shopping cart. This process is non-binding and does not constitute a contractual offer.
(3) Before placing an order, the customer must register with name, e-mail address and postal address. For this purpose, he can open a customer account. Otherwise he orders as a guest.
(4) Before placing an order, the contents of the order including the customer and payment data are summarised on an overview page. There the customer can correct all order data via the provided change fields. By clicking on the "buy now" button, the customer submits a binding offer to us to conclude a contract.
(5) When a contract is concluded depends on the payment method chosen by the customer:
a) In the case of payment via PayPal, prepayment (Vorkasse) or immediate bank transfer (Sofortüberweisung), the contract is concluded upon complete execution of the payment process.
b) Otherwise, the contract is concluded by sending an additional e-mail with an order confirmation, which we will send you within two days, at the latest when the goods are shipped.
(6) The customer can save or print out these General Terms and Conditions at any time by clicking on the "Save" or "Print" button in the footer of this page. The text of the contract remains stored by us after the conclusion of the contract. Furthermore, we will make the contractual provisions including these General Terms and Conditions of Business available to the customer with the contract confirmation e-mail after the order has been placed.
(7) The customer affirms that all information provided by him during the order or registration in the online shop (e.g. name, address, e-mail address etc.) is true. Any changes must be communicated to us immediately. As order processing and contact are usually carried out by e-mail, the customer must ensure that e-mails can be received at this address.
(8) The contract language is exclusively German. In the event that the General Terms & Conditions are provided in English, the German language version shall take precedence in case of conflict.
§ 3 Prices and Payment
(1) The prices advertised by us at the time of purchase shall apply; these are to be understood as total prices. These include the statutory value added tax without costs for packaging and shipping.
(2) Shipping is at the expense of the customer. An overview of the shipping options and the resulting shipping costs can be found in the shopping cart. The shipping costs are also shown to the customer on the overview page before the order is placed.
(3) Payment is always made at the customer's discretion by PayPal or Unzer via advance payment, credit card, immediate bank transfer (Sofortüberweisung) or invoice. Subscription payments are only possible by credit card.
a) Advanced Payment
By selecting the payment method "advanced payment", the customer receives our account data and the order number after the order with the confirmation of receipt according to § 2 paragraph 4. The customer must transfer the amount stated there to this account under the stated order number within ten days. As soon as the payment amount has been credited to our account, the goods will be shipped - depending on the delivery time stated with the article.
The customer pays directly via his PayPal account. After submitting the order, the customer is forwarded to PayPal and releases the value of the ordered goods there. As soon as our PayPal account has been informed of the authorization, the shipment will be made - depending on the delivery time indicated with the article. When the goods are shipped, the customer's PayPal account is debited with the actual invoice amount.
c) Credit Card
The customer pays directly in the order process by entering the credit card data. When the goods are shipped, the credit card is debited with the actual invoice amount.
d) Immediate bank transfer (Sofortüberweisung)
When paying by instant bank transfer, you can initiate the payment of the ordered goods during your order via your online banking account. After selecting the payment method immediate bank transfer (Sofortüberweisung) in the order process, you will be taken directly to the secure payment form. Unzer automatically takes over the payment process.
With completion of the order process, at the latest with the delivery of the goods, the customer receives the invoice. The customer must transfer the amount stated therein to this account under the specified order number within ten days. The delivery is independent of the payment.
(4) The customer is may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 4 Delivery and Delivery Time
(1) Delivery shall be made within the delivery period specified for the respective product. Should we fail to meet an agreed delivery date, the customer shall grant us a reasonable grace period, which shall in no case be less than two weeks
(2) All delivery periods stated by us in the order or otherwise agreed upon shall commence on the day of the conclusion of the purchase contract.
(3) Für The date on which the goods are supplied by us to the shipping company is solely decisive for compliance with the shipping date.
(4) We are entitled to make partial deliveries if
· the partial delivery is usable and reasonable for the customer within the scope of the contractual purpose,
· the delivery of the remaining ordered goods is ensured and
· the customer does not incur any significant additional work or additional costs as a result (unless we agree to bear these costs).
In this case, packaging and shipping costs will only be charged once.
(5) Insofar as goods are marked as "in stock" on the order form, we retain the right to sell these goods at any time if
a) on the order form there is a reference to the limited availability of the goods or
b) the delivery is made against advance payment and payment is not received by us within a period of five working days after acceptance of the offer.
In these cases, the goods will only be dispatched within the period agreed or specified by us while supplies last.
(6) We shall not be liable for impossibility of delivery or for delays in delivery if these are
a) höhere force majeure (e.g. civil unrest, terrorist acts, strike/lockouts, natural disasters, acts of war, difficulties in obtaining materials, local power cuts, accidents, difficulties in obtaining any necessary official permits, pandemics)
b) virus and other attacks by third parties on our IT system, even though we have taken the appropriate state-of-the-art protective measures or
c) obstacles due to German, US-American and other applicable national, EU or international regulations of foreign trade law or due to other circumstances for which we are not responsible.
In the event of non-availability of the ordered goods for reasons for which we are not responsible as a result of the aforementioned events in sentence 1, the customer shall be informed immediately of the lack of delivery possibility. If such events make it impossible for us to deliver or perform and the hindrance is not only of temporary duration, we shall be entitled to withdraw from the contract, unless we have assumed the procurement risk. In the event of hindrances of temporary duration, the delivery or performance deadlines shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable grace period.
(7) If a delivery or service date has been bindingly agreed and if the agreed delivery or service date is exceeded by more than four weeks due to events according to paragraph 6 sentence 1 or if, in the case of a non-binding service date, it is objectively unreasonable for the customer to adhere to the contract, the customer shall be entitled to withdraw from the contract with regard to the part not yet fulfilled. In the event of withdrawal by the customer and/or by us, the performance already rendered shall be reimbursed immediately. Further claims of the customer, in particular claims for damages, do not exist in this case.
(8) If we are in default of delivery or performance or if delivery or performance becomes impossible for any reason whatsoever, our liability for damages shall be limited in accordance with § 9 of these General Terms and Conditions.
§ 5 Dispatch, Transfer of Risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. Whereas in the case of sales shipment, said risk shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
(4) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or we have assumed other services (e.g. dispatch). If dispatch or handover is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the customer on the day on which the delivery item is ready for dispatch and we have notified the customer of this.
§ 6 Return Policy
Note: The following right of revocation exists only if the customer is a consumer in the sense of § 13 BGB.
The right of revocation does not apply to the following contracts, unless the parties have agreed otherwise:
- contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;- contracts for the supply of sound or video recordings or computer software delivered in a sealed package and the seal has been removed after delivery;
- contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- contracts for the supply of goods that can spoil quickly or whose expiration date would be exceeded quickly;- contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
- contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded but which can be supplied no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control.
Right of Cancellation
You have the right to cancel this contract within 14 days without stating a reason. The cancellation period is 14 days from the day on which you or a third party designated by you, who is not a carrier, have taken or has taken possession of the goods. If you have ordered several goods but these are delivered separately, the cancellation period is 14 days from the day on which you or a third party designated by you, who is not a carrier, have taken possession of the last goods. If you receive goods in several partial deliveries/parts, the withdrawal period is 14 days from the day on which you or a third party named by you, who is not a carrier, have taken possession of the last partial delivery or the last part. In order to exercise your right of cancellation, you must inform us,
T. D. G. Vertriebs GmbH & Co. KG
Alter Wandrahm 10
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached cancellation form template, which is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choice of a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your cancellation of this contract. For this refund, we will use the same means of payment which were used for the original transaction, unless expressly agreed otherwise with the you; in no case will we charge you for this refund. We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and at the latest within fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the quality, performance and functionality of the goods.
(If you want to cancel the contract, please fill out and return this form)
T. D. G. Vertriebs GmbH & Co. KG
Alter Wandrahm 10
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Ordered on: _______________________________ Received on:_____________________________
Name of consumer(s): _________________________________________________
Address of consumer(s): _________________________________________________
Signature of the consumer(s)
§ 7 Subscription
(1) The customer can subscribe with us. In this case the goods will be delivered in installments. The customer reserves the right to decide in which time intervals they will receive the delivery. We offer the following delivery intervals: monthly, every 2 months, every 4 months and every 6 months.
(2) The customer receives a discount of 15 % on the applicable net price when entering into a subscription.
(3) There is no minimum term.
(4) Invoicing takes place according to the delivery intervals selected by the customer, i.e. either monthly (for monthly delivery), every 2 months, every 4 months or every 6 months.
(5) The contract is concluded for an indefinite period. The contract can be terminated by either party at any time with effect as of the next day (e.g. termination on April 1 to April 2). The notice of termination must be made in text form (e-mail, fax or letter).
§ 8 Warranty Rights
(1) In the event of a material defect in the purchased item, the statutory provisions shall apply in principle.
(2) If the customer is a consumer, he may claim a cure, , i.e. at his choice, the defect is remedied or a thing free of defects is supplied. We may refuse the type of cure chosen by the customer if this is possible only at disproportionate cost. If, however, the customer is an entrepreneur, we can choose between the removal of defects or delivery of a defect-free item, whereby this can only be done by notifying the customer in text form (also by fax or e-mail) within three working days after receipt of the notification of the defect.
(3) If the cure pursuant to paragraph 2 fails or is unreasonable for the customer or if we refuse the cure, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand compensation for damages or reimbursement of his futile expenses. In addition, the special provisions of § 9 of these General Terms and Conditions shall apply to claims for damages by the customer.
(4) The following applies only to companies: The customer must carefully examine the goods immediately after delivery. The delivered goods shall be deemed approved by the customer if a defect is not reported (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of the defect being discovered.
(5) If the complaint was unjustified and the item was free of defects, we are entitled to charge the customer shipping and inspection costs of EUR 40.00. The customer is entitled to prove that the costs were lower, we are entitled to prove that the costs were higher.
§ 9 Liability
(1) The following exclusions and limitations of liability shall apply to any liability on our part for damages, notwithstanding other legal requirements for claims.
(2) We shall be liable for damages without limitation insofar as
a) these are due to gross negligence or intent
b) we have assumed a guarantee for the quality of the goods,
c) these are to be replaced according to the product liability law,
d) to life, body or health; or
e) these are based on a culpable violation of essential contractual obligations.
(3) Liability for simple and gross negligence as well as for the violation of essential contractual obligations is furthermore limited to the foreseeable and contract-typical damage which the customer had to expect at the time of conclusion of the contract due to the circumstances known to him at that time and as far as no other of the exceptional cases listed in paragraph 2 lit. b) and c) exists at the same time.
(4) Otherwise, liability for damages of any kind, regardless of the basis for the claim, including liability for fault at the time of conclusion of the contract, is excluded.
(5) The above exclusions and limitations of liability shall also apply in favour of the employees, subcontractors and other third parties whose services we use for the performance of the contract.
(6) The above provisions shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), regardless of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. They also apply to the claim for reimbursement of futile expenses.
(7) A change in the burden of proof to the disadvantage of the customer is not associated with the above provisions.
9.2 Liability for delay
With the exception of the cases of § 9.1, liability on our part for delay is limited to a total of 10% of the value of the performance for damages in addition to performance and to a total of 10% of the value of the performance for damages in lieu of performance (including compensation for futile expenditure). Further claims of the customer are excluded - even after expiry of any deadline for performance set by the customer. The right of the customer to withdraw from the contract remains unaffected. In all other respects, the provisions of § 9.1 shall apply.
9.3 Liability Due to Impossibility
We shall be liable for impossibility of performance in cases of intent or gross negligence on our part or on the part of one of our representatives or vicarious agents as well as in cases of culpable damage to life, body or health in accordance with the statutory provisions. In cases of gross negligence, however, our liability is limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in paragraph 1 is also present. Outside the cases of paragraph 1 and paragraph 2, liability on our part for impossibility of performance for damages and compensation for futile expenditure is excluded; this applies in particular in cases of force majeure. The right of the customer to withdraw from the contract remains unaffected. A change in the burden of proof to the disadvantage of the customer is not associated with the above provisions.
§ 10 Right of Ownership
(1) The delivered goods remain our property until full payment has been received.
(2) The customer must inform us immediately after becoming aware of any third party access to the reserved goods.
(3) If the customer acts in breach of contract, in particular in case of default of payment, we shall be entitled to demand the return of the reserved goods, provided that we have withdrawn from the contract.
§ 11 Data Protection
In the following, we provide information about the collection of personal data for business transactions. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, payment data, ordered goods.
1. Controller and Data Protection Officer
(1) The person responsible in accordance with Art. 4 (7) GDPR is T. D. G. Vertriebs GmbH & Co. KG, Alter Wandrahm 10, 20457 Hamburg, Telefon: 040/180240550, E-Mail: firstname.lastname@example.org, Web: http://www.stop-the-water-while-using-me.com/
(2) Our data protection officer is
Beethovenstraße 23, 87435 Kempten
2. Information about the Data Collection for the Purpose of Contract Processing
(1) When you purchase something from us or order something from us, the following information is collected: Title, name, address, e-mail address, account data, and if necessary differing delivery address. We also collect your telephone number; however, the collection of this data is based on your voluntary consent. The non-disclosure of this data has no influence on the contract.
(2) The data will be collected, stored and, if necessary, passed on by us to the extent necessary to provide the contractual services. We use the data specifically to identify you as a customer, to process the order, for correspondence with you, for invoicing and, if necessary, to process contractual and non-contractual claims. The collection, storage and transfer is therefore for the purpose of fulfilling the contract and on the basis of Art. 6 Para 1 lit. b GDPR. Non-provision of this data may result in the refusal to conclude the contract.
(3) We are entitled, in particular, to transfer your data to third parties if and to the extent that this is necessary to carry out pre-contractual measures and fulfil this contract in accordance with Art. 6 Para. 1 lit. b GDPR, to fulfil a legal obligation in the sense of Art. 6 Para. 1 lit. c GDPR or to enforce our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR. A transfer may in particular be made to
a) shipping service providers for the purpose of delivery
b) payment institutions for the purpose of collecting receivables, provided that you have chosen direct debit as your method of payment
c) Payment service provider (PayPal)
d) Collection companies for the purpose of claim enforcement if you are in default. Here our legitimate interest lies in the enforcement of our legitimate claim. Due to our advance performance and your default, our legitimate interests shall prevail.
The collection of your other data is done on a voluntary basis and with your consent according to Art. 6 Para. 1 lit. a GDPR.
(4) When paying via PayPal, payments are processed via virtual private or business accounts. A PayPal account is managed through an email address, which is why there is no classic account number. PayPal enables online payments to be made to third parties or payments to be received. PayPal also assumes trustee functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg. If you select "PayPal" (credit card, direct debit, purchase on account) as payment option during the ordering process, your data will be automatically transmitted to PayPal. PayPal also reserves the right to perform a credit check for the payment methods credit card, direct debit and invoice (via PayPal). The result of this check with regard to the statistical probability of non-payment is only used by PayPal for the purpose of deciding on the provision of the respective payment method. By selecting this payment option, you agree to the transfer of personal data required for payment processing. The personal information collected by PayPal is typically first name, last name, address, email address, IP address, phone number, mobile phone number, or other information necessary to process the payment. Personal data that are necessary for the processing of the contract are also those that are related to the respective order. The transmission of the data is intended for payment processing and fraud prevention. PayPal may pass the personal data on to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of the customer. The person concerned has the possibility to revoke his or her consent to PayPal's handling of personal data at any time. A revocation does not affect personal data that must be processed, used or transmitted for the (contractual) handling of payments. PayPal's applicable data protection regulations can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
(5) We have also integrated components on this website for payment by credit card, Sofortüberweisung (instant bank transfer) and purchase on account, which enable cashless payment for products and services on the Internet.
The operating company is Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg, www.unzer.com. If you select "credit card", "purchase on account" or "immediate transfer" as payment option during the ordering process in our online shop, your data will be automatically transmitted to the credit card company. By selecting this payment option, you agree to the transmission of personal data required for payment processing. Unzer also reserves the right to perform a credit check for the direct debit payment method. The result of this check regarding the statistical probability of non-payment will only be used by Unzer for the purpose of deciding on the provision of the respective payment method. The personal data collected by Unzer is usually name, credit card data or account data, which is necessary for payment processing. Also necessary for the processing of the contract are such personal data which are related to the respective order. The transmission of the data is intended for payment processing and fraud prevention. The applicable Unzer data protection regulations can be found at www.unzer.com
3. Duration of Storage
The personal data collected will be stored until the expiry of the statutory retention period for merchants (6, 8 or 10 years after the end of the calendar year in which the contractual relationship was terminated) and deleted thereafter. However, this does not apply in exceptional cases if we are obliged to store the data for a longer period of time due to tax or commercial storage obligations (in accordance with the German Commercial Code (HGB), the German Penal Code (StGB) or the German Tax Code (AO)) or if you have consented to storage beyond this period.
(1) You have the right to request information from us at any time about the personal data stored by us about you (Art. 15 GDPR). This also applies to the recipients or categories of recipients to whom this data is disclosed and the purpose of the storage.
(2) You also have the right to request the correction of incorrect or incomplete data under the conditions of Art. 16 GDPR and/or the deletion of stored data under the conditions of Art. 17 GDPR. Deletion is only possible insofar as the processing is not necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
(3) You have the right, under the conditions of Art. 18 GDPR, to demand the restriction of processing if you dispute the accuracy of your data, if the processing is unlawful and we refuse to delete it, if you need the data to assert legal claims or if you have objected to the processing.
(4) Furthermore, you may request that data be transmitted at any time under the conditions of Art. 20 GDPR.
(5) Insofar as the collection of data is based on consent, you may revoke your consent to us at any time. As a consequence, we are not permitted to process this data in the future.
(6) If personal data are processed to protect legitimate interests (Art. 6 (1) sentence 1 lit. f GDPR), you may object to the processing of personal data concerning you at any time with effect for the future. In the event of an objection, we must refrain from any further processing of your data for the aforementioned purposes, unless
a) there are compelling legitimate reasons for processing which outweigh your interests, rights and freedoms; or
b) the processing is necessary for the purpose of asserting, exercising or defending legal claims.
(7) You can object to the use of your data for the purpose of direct advertising at any time with effect for the future.
(8) All requests for information, disclosure requests, revocations or objections to data processing should be sent by e-mail to our data protection officer at the address given in point 1, paragraph 2 or to the address given in point 1, paragraph 1. For more detailed information, please refer to the full text of the GDPR (and our data protection policy, which can be viewed on the Internet). Furthermore, you have the possibility of filing a complaint with the appropriate supervisory authority regarding data protection issues. The authority responsible for us is the Hamburg Commissioner for Data Protection and Freedom of Information, Ludwig-Erhard-Str. 22, 20459 Hamburg, Ludwig-Erhard-Str. 22, 20459 Hamburg, email@example.com.
§ 12 Dispute Resolution / Information According to ODR Regulation, § 36 VSBG
The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. This online dispute resolution (OS) platform is intended to provide a simple, efficient, fast and inexpensive out-of-court solution for disputes (ODR procedure). The customer can find the details in the link above. We are not obliged and not willing to participate in the dispute resolution procedure.
§ 13 Right of Modification
We are entitled to make modifications to the performance specification or to the general terms and conditions and other conditions. We will only make these modifications for valid reasons, in particular due to changes in jurisdiction, the law or other equivalent reasons. If the contractual balance between the parties is significantly disturbed by the modification, the modification will not be made. In all other respects, changes require the consent of the customer.
§ 14 Applicable Law and Jurisdiction
(1) Für These terms and conditions of business and the entire legal relationship between us and our customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless otherwise individually agreed. With respect to consumers, the law of the Federal Republic of Germany shall also apply, subject to other individual agreements, insofar as the law of the consumer's home country does not result in mandatory consumer protection regulations which take priority.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between us and the customer shall be Hamburg. Mandatory statutory provisions on exclusive jurisdictions remain unaffected by this provision.