Terms and Conditions with customer information
Table of Contents
Prices and terms of payment
Delivery and shipping conditions
Grant of rights of use for digital content
Contract duration and contract termination for Subscription contracts
Retention of title
Liability for defects (warranty)
Code of Conduct
Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of PAJ UG (limited liability) (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) has with the Seller in respect of Seller completes displayed goods in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise stipulated.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither 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 that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4 Digital content in the sense of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
1.5 Subject of the contract may be – depending on the product description of the seller – both the purchase of goods by way of a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, 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 concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone, fax, e-mail or post to the seller.
2.3 The seller can accept the offer of the customer within five daysby sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or by asking the customer to pay after submitting his order.
If there are more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer 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 online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller’s website.
2.5 Before placing the order on the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for concluding the contract.
2.7 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order 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 third parties commissioned with the order processing can be delivered.
3) Right of revocation
3.1 Consumers are basically entitled to a right of revocation.
3.2 Further information on the right of revocation arise from the cancellation policy of the seller.
4) Prices and conditions of payment
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices, which include the 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, further costs may be occure in individual cases, which the seller is not responsible for and which must be borne by the customer. These includes, 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 is making the payment from a country outside the European Union.
4.3 The payment option (s) will be sent to the customer in the seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method “SOFORT Überweisung” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter “IMMEDIATELY”). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have a PIN / TAN online banking account activated for participation in SOFORT Überweisung. He has to legitimize himself during the payment process and confirm the payment order to IMMEDIATELY. The payment transaction will be carried out immediately. The customer’s bank account will be charged correspondingly. Further information on the method of payment SOFORT Überweisung can be read on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-berberweisung/ retrieve.
4.8 If you select the payment method “PayPal direct debit” PayPal will deduct the invoice amount after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller from the customer’s bank account. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit.
If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution, if he is responsible for this .
5) Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by mail 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 authoritative.
5.2 If the transport company sends the goods back to the seller, as a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered.
5.3 Pickup is not possible for logistical reasons.
6) Grant of rights of use for digital content
6.1 Unless otherwise stated in the content description in the online shop of the seller, the seller gives the customer to the the content provided to us is the non-exclusive, local and temporal unlimited right to use the content provided for private as well as business purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted until the seller has granted a license to the third party.
6.3 The granting of rights shall not take effect until the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transition of the rights does not take place through such a provisional permission.
7) Term of contract and termination of subscription contracts
7.1 Subscription contracts are limited in time, for the contract period shown in the respective product description in the online shop of the seller and terminate automatically after the expiration of the contract period.
7.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contract until the agreed termination or expiry of a period of notice.
7.3 Notice of termination must be in writing (eg via E-mail).
8) If the seller proceeds in advance, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, applys the provisions of the statutory liability for defects.
9.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international purchase of movable goods. For 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.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or public law property with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, the seller is in any case entitled to appeal to the court at the customer’s place of residence.
12) Code of Conduct
The seller has submitted to the terms and conditions of the ecommerce Fairness in Commerce e-commerce initiative, which is available at http: // www.fairness-im-handel.de/teilnahmebedingungen/. The seller has submitted to the Trusted Shops quality criteria available on the internet at http: //www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf are available.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration board. © IT-Recht KanzleiDOCID: ## ITK- a4cbe0b2d65e1afc7f8fb23e17d353d4 ## Version: 201711040112