These General Terms and Conditions (called GTC´s in the following) arrange the contractual relationship betweenGeneral Merchcowboy, Carsten Ehlich & Tobias Richter GbR, Hafenstrasse 64, 48153 Münster, Germany (called Merchcowboy GbR in the following) and the customer of the Merchcowboy Online Shop, as far as there have not been made any individual regulations in written form. With placing an order/contract, the customer agrees to the following GTC´s. They are also valid for future contractual relationships, even if teir validity is not mentioned again. Differing or additional agreements, especially Terms and Conditions of the customer only become subject matter of contract, if Merchcowboy GbR affirms and accepts these in written form. It is not subject matter of contract, that Merchcowboy maintains silence. An order confirmation of the customer with differing conditions are hereby denied explicitly by Merchcowboy GbR.

1. Accomplishment of contract:
The presentation of the merchandise in the Merchcowboy online shop is not subject to legal binding offer, but a non-binding online-catalogue. The customer orders the requested merchandise by completing and sending in the given form. The contract is materialized when Merchcowboy GbR affirms the order by e-mail.

2. Prices, Delivery:
The quoted prices include VAT, packaging and delivery costs (currency = Euro). The ordered merchandise is delivered to the address given by the customer, immediately after receipt of payment. Merchcowboy GbR reserves the right for partial delivery. Delivery of the merchandise only takes place in domestic quantity. The property of the packing passes on to the customer when the withdrawal deadline has passed. Statements concerning delivery deadlines are non-binding as far as Merchcowboy GbR has not given a particular covenant to the customer in written form.

3. Right of withdrawal:
The customer is no longer bound to the order when he withdraws the order within a deadline of two weeks after receiving the merchandise. The revocation does not have to contain a justification. It has to be carried out in written form, e.g. by mail, fax or a durable medium or by sending back the merchandise. The punctual dispatch suffices to meet the deadline. The charges for the return of the merchandise shall be the responsibility of the customer. In the case of withdrawal, Merchcowboy GbR shall refund the purchase price, if already paid, to the customer. The return charges paid by Merchcowboy GbR will be deducted from the purchase price. In the case of withdrawal the customer is obligated to send back the merchandise, as far as he has not done so with the withdrawal writing.

4. Reservation of rights:
The delivery of the merchandise does not affect the rights being regulated in the end-user license contract of the software, in particular the copyright, the usage rights and the exploitation right. In case the customer contradicts the licensing agreement, he shall send back the merchandise to Merchcowboy GbR, free domicile.

5. Maturity, Payment:
The purchase price becomes due with conclusion of the contract. Merchcowboy GbR accepts exclusively payment of the quoted kind. No discount is admissible. The customer is only authorized to offset receivables by Merchcowboy GbR, if and as far as his counterclaims have either been considered legal, are beyond dispute or have been accepted by Merchcowboy GbR.

6. Liability of damages:
Merchcowboy GbR is liable for damage being present in the moment of delivery of the merchandise, during a warranty period of two years, according to the following rules: the customer shall immediately communicate the damage to Merchcowboy GbR in written form. In case of a damage covered by Merchcowboy GbR, Merchcowboy GbR will provide replacement delivery of the damaged merchandise at no cost to the buyer. No warranty is given for improper or incorrect use or stocking as well as for climatic or environmental impacts, inaccurat implementing by the customer or third parties, natural wear and tear, improper or careless treatment, chemical/ magnetic/ electrical impacts. If the replacement delivery fails or Merchcowboy GbR is not disposed or not able to provide replacement, or if there is a delay in delivery exceeding the terms, the customer has the right to recede from the contract, irrespective of any claim for indemnity, or to demand a discount of the purchase price.

7. Liability:
Merchcowboy GbR is liable for willful or grossly negligent caused damages, for intentional misrepresentation of damages, for requirements du to the Product Liability Act (Produkthaftungsgesetz) and for bodily harm. Merchcowboy GbR is liable for miscellaneous damages for any legal ground whatsoever, only if an essential duty of the contract has been violated in an endangering manner concerning the intent of the contract, or if the damage can be refered to gross negligence or intent, or if a liability may not be excluded due to legal reasons and in case the damages are typical and predictable due to the contractual purpose. The limitation of liability is also valid for auxiliary persons of Merchcowboy GbR. In such a case the liability is limited to an amount, double the price paid due to this contract. A further liability, especially for damages not affecting the merchandise itself, for losses of profit or miscellaneous financial losses of the customer, is excluded.

8. Miscellaneous:
The parties of the contract agree exclusively on the German law (Recht der Bundesrepublik Deutschland) concerning the contract and its accomplishment, without the use of the international private law. The validity of the UN-Treaty about the international purchase of movable things is expressly excluded. As far as this is legally allowed, Münster is chosen as place of jurisdiction. All agreements between the parties of the contract must be in writing in order to be valid. This applies to any collateral agreements, amendments or supplements and also for the present term itself.
In case that one or several regulations of this contract (including these GTC´s) are or become partially or completely invalid respectively be or become impracticable, this does not compromise the rest of the terms. In such a case the parties to the contract oblige to replace the invalid or impracticable regulation by an effective regulation, that is as close as possible to the economic intention of the original regulation in a legally allowed manner.
If there arises a gap from these GTC´s between the parties to the contract concerning the concluded agreement, which cannot be closed by interpretation of the other regulations, the parties oblige to close the regulation gap by a regulation, which comes as close as possible to the economical interests of the parties to contract in a legally allowed manner, as far as this point has been considered.

These General Terms and Conditions are valid as from March 1, 2007.