General Terms And Conditions
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General Terms and Conditions with customer information
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Table of contents
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1. scope of application
2. conclusion of contract
3. right of cancellation
4. prices and terms of payment
5. terms of delivery and dispatch
6. reservation of title
7. liability for defects (warranty)
8. special conditions for repair services
9. applicable law
10. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Andrzej Zak, trading as "PramPerfect" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts 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 constitute 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 going through 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 that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or online contact form.
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 in this respect, 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 the customer has placed the 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 accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending 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 If the payment method "PayPal Express" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button concluding the order process.
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button concluding the order process.
2.6 When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Before submitting a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Order processing and contact are generally carried out by 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 the 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 by third parties commissioned by the seller to process the order can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
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 VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to 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 - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "PayPal Credit" (payment in instalments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in the event of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal in accordance with the conditions specified by the seller, which are communicated to the customer in the seller's online shop. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and consignments or credit notes, even in the event of the assignment of claims.
4.7 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure activated for participation in "SOFORT", legitimise himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.8 If a RatePAY payment method offered by the seller is selected (e.g. RatePAY invoice, RatePAY prepayment, RatePAY direct debit, RatePAY instalment payment), payment is processed via the service provider RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePAY"). Which RatePAY payment methods the seller offers in detail is communicated to the customer on the seller's website. The seller assigns the claim against the customer arising from the use of a RatePAY payment method to RatePAY and, if the payment method instalment payment is used (if offered), to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany. Payments can be made with debt-discharging effect exclusively to RatePAY, or to Wirecard Bank AG if the payment method instalment payment (if offered) is used. However, the seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes). The use of a RatePAY payment method offered by the seller requires a successful credit check by RatePAY. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check and to offer the customer an alternative payment method. In all other respects, the General Terms and Conditions of RatePAY, available at https://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis, which the customer can access during the ordering process, shall apply.
4.9 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payment to PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.10 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in co-operation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been sent in the online shop. The provider remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, cancellation notices and returns or credit notes, even if the payment method "credit card payment via secupay AG" is selected.
If the payment method "instalment purchase by easyCredit" is selected, payment is processed via TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as "TeamBank AG"), to which the seller assigns his payment claim. Before accepting the Seller's declaration of assignment, TeamBank AG shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method "hire purchase by easyCredit" if the result of the check is negative. If the "Ratenkauf by easyCredit" payment method is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG in accordance with the conditions specified by the seller and communicated to him in the seller's online shop. In this case, the Customer may only make payment to TeamBank AG with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, cancellation notices and returns or credit notes. In addition, the General Terms and Conditions for Instalment Purchase by easyCredit apply, which can be found on the Internet at https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf.
5) Delivery and dispatch conditions
5.1 Unless otherwise agreed, goods are delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for repair services
If, according to the content of the contract, the seller is obliged to repair an item belonging to the customer, the following shall apply:
8.1 Repair services shall be provided at the Seller's registered office.
8.2 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. In doing so, the Seller may also utilise the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.
8.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is not the responsibility of the Seller according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.
8.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
8.5 The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable carrier at the seller's place of business. At the Customer's request, the Seller shall take out transport insurance for the goods.
8.6 The aforementioned provisions do not limit the Customer's statutory rights in the event of defects in the event of the purchase of goods from the Seller.
8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.