General Terms and Conditions

Vertreten durch die IT-Recht Kanzlei

 

Terms and Conditions with customer information

Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotion vouchers
  9. Redemption of gift vouchers
  10. Applicable law
  11. Code of Conduct
  12. Alternative Dispute Resolution


1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Vincent Galdi, acting under "PfannenProfis" (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.

1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.


2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  •     by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  •     by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  •     by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer's order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal

3.1 Consumers are basically entitled to a right of withdrawal.

3.2 Further information on the right of revocation results from the cancellation terms of the seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.


4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.

4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.


5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by way of parcel shipment to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2 If the transport company sends the goods back to the seller because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the delivery a reasonable time in advance. Furthermore, this does not apply with regard to the cost shipping to the customer, if the customer exercises his right of withdrawal effectively. The provisions made in the cancellation policy of the seller apply for the return costs in case of effective exercise of the right of withdrawal by the customer.

5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.

5.4 Vouchers will be given to the customer as follows:

  •     by email
  •     by letter post


6) Retention of title

If the seller goes in advance, he reserves the ownership of the delivered goods until full payment of the purchase price due.


7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 Notwithstanding the foregoing, this shall apply to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply

  • for items which have been used for a building in accordance with their usual use and which have caused its defectiveness,
  • for claims for damages and reimbursement of expenses on the part of the customer, and
  • in the event that the seller has fraudulently concealed the defect.


7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of promotion vouchers

8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "promotion vouchers"), can only be redeemed in the seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.

8.3 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.

8.4 Only one promotion voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotion voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

8.7 The balance of an promotion voucher will not be paid in cash or interest.

8.8 The promotion voucher will not be refunded if the customer returns the goods fully or partially paid for with the promotion voucher as part of its statutory right of withdrawal.

8.9 The promotion voucher is transferable. The seller provide in full discharge of liabilities to the respective owner, who redeems the promotion voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

9) Redemption of gift vouchers

9.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.

9.7 The credit of a gift voucher will not be paid in cash or interest.

9.8 The gift voucher is transferable. The seller can provide in full discharge of liabilities to the respective owner, who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.


10) Applicable law

10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.


11) Code of Conduct

The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness im Handel", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.