General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Terms of Payment
5. Delivery and Dispatch Terms
6. Retention of title
7. Liability for defects (Warranty)
8. Liability
9. Redeeming gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter ‘GTC’) of Paulitschek Maschinen- und Warenvertriebsgesellschaft mbH (hereinafter ‘the Seller’) apply to all contracts for the supply of goods which a consumer or business customer (hereinafter ‘the Customer’) concludes with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions apply to contracts for the supply of vouchers, unless otherwise specified.

1.3 For the purposes of these General Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activity .

1.4 For the purposes of these General Terms and Conditions, a ‘business operator’ is a natural or legal person, or a partnership with legal capacity, which, when concluding a legal transaction, acts in the course of its commercial or self-employed professional activity.

1.5 If the customer is based in Switzerland or Liechtenstein and uses an address for invoicing and delivery that has been provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following terms and conditions shall apply, provided that instead of the seller "MeinEinkauf" becomes the customer’s contractual partner. The seller acts in this case solely as an intermediary between the customer and MeinEinkauf and does not itself become a party to the contract of sale. The customer is expressly informed of this in the seller’s online shop. MeinEinkauf is in this case responsible for the fulfilment of the contract. In this case, the seller handles correspondence with the customer on behalf of MeinEinkauf. This applies also to correspondence in connection with any breaches of performance, in particular where the customer asserts rights arising from defects.

2) Conclusion of the 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 enable the Customer to make a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, the customer, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, by clicking the button that finalises the ordering process submits a legally binding contractual offer in respect of the goods contained in the shopping basket. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form, by post or by telephone.

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 email), whereby in this respect, receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which respect the receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The acceptance period begins on the day after the customer sends the offer and ends at the close 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 their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by 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 Service, which can be viewed at https://www.paypal.com/de/legalhub/paypal/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/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares its acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the seller has expressly informed a person prior to the submission of an order in text form that they will not enter into any further contractual relationships with that person, the following shall apply in deviation from the above provisions: Automatically generated declarations and processes in the context of order and payment processing do not constitute acceptance of that person’s contractual offer. A contract with such a person is only concluded if the seller, following a manual review, expressly and individually accepts their contractual offer in text form. Any automatically received payments shall be refunded without delay.

2.6 When placing an order via the online order form of the Seller, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter). The Seller shall not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, by means of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.9 Order processing is usually carried out automatically via email. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include statutory value added tax. Where applicable, any additional delivery and postage costs will be stated separately in the relevant product description.

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

4.3 The payment method(s) will be communicated to the customer in the Seller’s online shop.

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

4.5 If a payment method offered via the payment service “Apple Pay” is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. To process payments, Apple may use additional payment services, to which where applicable special payment terms may apply, and of which the customer may be separately notified where applicable. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/ .

4.6 If a payment method offered via the payment service “Google Pay” is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the customer in the seller’s online shop. To process payments Google may use additional payment services, to which where applicable special payment terms may apply, and of which the customer may be separately notified. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/ .

4.7 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller has authorised to collect the debt in its name. PAYONE GmbH debits the invoice amount from the customer’s specified credit card account. The charge to the credit card takes place immediately after submission of the customer’s order in the online shop. The seller remains also in the case of selection of the payment method credit card via PAYONE GmbH responsible for general customer enquiries e.g. regarding the goods, delivery time, dispatch, returns, complaints, notices of withdrawal and related returns or credit notes.

5) Delivery and Dispatch Terms

5.1 If the Seller offers dispatch of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed is made. In processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 For goods delivered by forwarding agent, delivery is made "kerbside", that is to say to the public kerb nearest the delivery address, unless otherwise follows from the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the outward shipment if the customer effectively exercises their right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by the customer, the provision made in the seller’s cancellation policy on this point shall apply.

5.4 If the customer is acting as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass only upon handover of the goods to the customer or a person authorised to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold also in the case of consumers passes already to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch to carry out the dispatch and the seller has not previously named this person or institution to the customer.

5.5 If the customer is acting as a consumer with registered office in Germany or as a business, the seller reserves the right, in the event of incorrect or improper self-supply, to withdraw from the contract. However, this only applies in the event that the non-delivery is not attributable to the seller and that the seller has with the required care concluded a specific covering transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods the customer shall be informed immediately and the consideration refunded without delay.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes an advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (Warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is acting as a trader,

• the seller has the choice as to the form of subsequent performance;
• the limitation period for rights arising from defects in new goods is one year from delivery of the goods;
• in the case of second-hand goods, rights relating to defects are excluded;
• the limitation period does not recommence if, in the context of liability for defects, a replacement delivery is made.

7.2 The limitations of liability and shortened time limits set out above shall not apply

• to the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods which, when used in accordance with their normal intended purpose in a building, have caused defects in that building,
• in respect of any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the customer is acting as a trader within the meaning of Section 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the customer is acting as a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on their statutory or contractual rights in respect of defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable on any legal ground without limitation

• in the event of wilful misconduct or gross negligence,
• in the event of wilful or negligent injury to life, limb or health,
• on the basis of a warranty undertaking, unless otherwise stipulated in this regard,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the customer is acting as a consumer with registered office in Germany or as a business, the following limitations of liability shall apply:

If the seller negligently breaches an essential contractual obligation, their liability shall be limited to the damage foreseeable and typical of the contract, provided that they are not liable without limitation pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the seller by its content for the achievement of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the customer may regularly rely. In all other respects, liability of the seller is excluded, unless they are liable without limitation pursuant to the above clause.

8.3 The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redeeming gift vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "gift vouchers") may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.3 Gift vouchers may only be used for the purchase of goods and not for the purchase of further gift vouchers.

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

9.5 The balance of a gift voucher shall neither be paid out in cash nor bear interest.

9.6 The gift voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

10) Applicable law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

11) Place of jurisdiction

If the customer is acting as a trader, legal person under public law or special fund under public law with registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has their registered office outside the territory of the Federal Republic of Germany, the registered office 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 can be attributed to the professional or commercial activity of the customer. The seller is in the above cases, however, in every case entitled to bring proceedings before the court at the registered office of the customer.

12) Alternative dispute resolution

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