General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the contract
- Right of withdrawal
- Prices and Terms of Payment
- Delivery and Dispatch Terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
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 (hereinafter referred to as 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 shall apply mutatis mutandis 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 commercial nor related 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 entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.
1.5 If the customer’s delivery and billing address is in Switzerland or Liechtenstein, the following terms and conditions shall apply, provided that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter “MeinEinkauf”) becomes the customer’s contractual partner instead of the seller. In this case, the Seller acts 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. In this case, MeinEinkauf is responsible for the fulfilment of the contract. The Seller will, in this instance, handle correspondence with the customer on behalf of MeinEinkauf. This also applies to correspondence relating to any breaches of contract, 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 an offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract in respect of the goods contained in the shopping basket by clicking the button that completes the ordering process. 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), in which case the date on which the order confirmation is received 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 is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The acceptance period starts on the day after the customer sends the offer and ends at the close of the fifth day following transmission 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 result that the customer is no longer bound by their declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing is carried out 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 Use, which can be viewed at https://www.paypal.com
2.5 When an order is placed via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. by email, fax or letter) once the Customer has submitted their order. The seller will not make the contract text 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.
2.6 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, which enlarges the display on the screen. During the electronic checkout process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the checkout process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal is set out in the seller’s withdrawal 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 postage costs, where applicable, are specified 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 credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise 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 option(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 ‘Apple Pay’ payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (‘Apple’). The specific payment methods offered via Apple Pay are displayed to the customer in the Seller’s online shop. To process payments, Apple may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Apple Pay is available online at https://www.apple.com
4.6 If a payment method offered via the ‘Google Pay’ payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (‘Google’). The specific payment methods offered via Google Pay are displayed to the customer in the seller’s online shop. To process payments, Google may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Google Pay is available online at https://pay.google.com
4.7 If credit card is selected as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in collaboration with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorises to collect the payment on its behalf. PAYONE GmbH will collect the invoice amount from the Customer’s specified credit card account. The credit card will be charged immediately after the Customer’s order has been submitted via the online shop. Even when the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related returns, or credit notes.
5) Delivery and Shipping Terms
5.1 If the Seller offers to dispatch 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. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 For goods delivered by a haulage contractor, delivery is “kerbside”, i.e. to the nearest public kerb to the delivery address, unless otherwise stated in the dispatch information on 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 does not apply to the costs of the initial dispatch if the customer effectively exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s withdrawal policy shall apply to the costs of returning the goods.
5.4 Where the customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer – even in the case of consumers – as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.
5.5 If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from the seller’s own supplier. However, this shall only apply if the seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be 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 delivery charges will be incurred.
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 a business,
- the seller shall have the choice as to the nature of the subsequent performance;
- for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
- rights arising from defects are excluded in the case of second-hand goods;
- the limitation period shall not recommence if a replacement delivery is made in the context of liability for defects.
7.2 The limitations of liability and shortened limitation periods set out above shall not apply
- with regard 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 have been used in a building in accordance with their normal intended use and have caused the building to be defective,
- any existing obligation on the part of the seller 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 of the German Commercial Code (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 fulfil the notification obligations set out therein, the goods shall be deemed to have been approved.
7.5 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure to do so shall have no effect whatsoever on the customer’s 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 tortious claims, for compensation for damages and reimbursement of expenses as follows:
8.1 The seller shall be liable without limitation on any legal ground
- in cases of wilful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a warranty, 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 resident 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 foreseeable damage typical for this type of contract, unless they are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding clause.
8.3 The above provisions regarding liability shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Redemption of 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 and any remaining balance on gift vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer’s account until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. It is not possible to apply them retrospectively.
9.4 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.
9.5 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.
9.6 The credit balance of a gift voucher shall neither be paid out in cash nor bear interest.
9.7 The gift voucher is transferable. The seller may fulfil its obligations 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 is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
10) Governing 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 goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11) Jurisdiction
If the customer is acting as a trader, a legal person under public law or a special fund under public law with its 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 seller’s registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activities. In the above cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.
12) Alternative dispute resolution
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.