1.1 These general terms and Conditions (hereinafter "GTC") of PBC Linear Europe GmbH (hereinafter referred to as "seller") shall apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter referred to as "customer") with the seller in respect of the Seller in his online shop. This is to contradict the inclusion of the customer's own terms, unless otherwise agreed.
1.2 Consumers within the meaning of these GTC shall be any natural person who concludes a legal transaction for purposes which are largely attributable neither to their commercial or independent professional activity. The entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership which acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to provide a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button that concludes the order, a legally binding contract offer with respect to Shopping cart.
2.3 The seller may accept the offer of the customer within five days,
-By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in so far as the receipt of the order confirmation is relevant to the customer, or
-By providing the customer with the ordered goods, in so far as the receipt of the goods is relevant to the customer, or
-By asking the customer to pay for the order.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The time limit for acceptance of the offer commences on the day following the dispatch of the offer by the customer and ends with the expiration 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 to be 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 online order form of the seller, the contract text is stored by the vendor and sent to the customer in text form (E. G. e-mail, fax or letter) after sending his order together with the present GTC. The contract text cannot be retrieved by the customer after sending his order, however, via the seller's website.
2.5 before binding delivery of the order via the online order form of the seller, the customer can recognize possible input errors by attentive reading of the information displayed on the screen. An effective technical means for better detection of input errors can be the magnifying function of the browser, with the help of which the display is magnified on the screen. The customer can correct his entries in the context of the electronic ordering process over the usual keyboard and mouse functions until he clicks on the button that concludes the order process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and the contact are usually carried out by e-mail and automated order Processing. The customer shall ensure that the e-mail address provided by him for the order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, in the use of spam filters, the customer must ensure that all e-mails sent by the seller or by the third party charged with the order processing can be delivered.
3.1 Consumers are entitled to a right of withdrawal in principle.
3.2 Further information on the right of withdrawal arises from the seller's revocation instructions.
3.3 The right of withdrawal does not apply to consumers who are not members of the European Union at the time of conclusion of the contract and whose sole place of residence and address of delivery are outside the European Union at the time of conclusion of the contract.
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are the total prices that are included in the statutory value added tax. If applicable, additional delivery and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which the seller is not responsible for and which must be borne by the customer. These include, for example, the cost of transferring money through credit institutions (e.g. transfer fees, exchange rate charges) or import taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money 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 seller's online shop.
5.1 The delivery of goods shall be carried out on the shipping route 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, as delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer exercises his right of withdrawal effectively if he is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller Had previously announced a reasonable period of performance.
5.3 Pickup is not possible for logistical reasons.
5.4 The delivery of the goods is at the customer's risk. The risk is transferred to the customer by handing over the goods to the transport company. This also applies if the PBC shop has taken over the transport costs. Complaints regarding transport damages (e.g. damaged packaging upon receipt of the goods) shall be made by the customer directly to the transport company within the time limits laid down therein.
If the seller enters into payment, he reserves the right of ownership of the delivered goods until the purchase price owed is paid in full.
7.1 If the purchased goods are defective, the provisions of the legal liability for defects shall apply.
7.2 Notwithstanding this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year does not
-For things that have been used according to their usual use for a building and have caused its defectiveness,
-For damages arising from injury to life, body or health caused by intentional or negligent breach of duty of the seller or intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
-For other damages based on intentional or grossly negligent breach of duty of the seller or on intentional or grossly negligent breach of duty of a legal representative or vicarious agent of the user,
-as well as In the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the delivery agent of any goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this does not affect his legal or contractual claims for defects. Obvious defects (in particular damages, wrong deliveries or quantity deviations), transport damages or other defects must be sent to PBC shop immediately, at the latest within a period of 14 calendar days after receipt in writing, also by email to email@example.com possible.
8.1 All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, this choice of law does not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole place of residence and address of delivery at the time of the The conclusion of the contract outside the European Union.
If the customer acts as a merchant, legal person of public law or public-law Special Fund with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the The seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract of professional or To the customer's commercial activities. In the above cases, however, the seller is entitled in any case to call the court at the customer's registered office.
The European Commission provides a platform for online dispute resolution on the Internet under the following link: Http://ec.europa.eu/consumers/odr This platform serves as a focal point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. In compliance with our legal obligations under § 37 of the Law on Alternative dispute resolution in consumer matters (VSGB), we point out that we are neither obliged nor prepared to take part in alternative dispute settlement procedures Consumer resolution bodies. Nor does the law require that we refer you purely informational to a consumer arbitration responsible for you. General consumer Arbitration of the Centre for Arbitration e.v. Straßburgerstr. 8 77694 Kehl Internet: www.verbraucher-schlichter.de