General Terms & Conditions

 

1 Scope of application customers and general information

(1) These General Terms and Conditions apply to all business relations between Padon & Zander GbR, legally represented by Julian Padon and Bennet Pfeifer, Am Windberg 4, 69221 Dossenheim (hereinafter called "Company") and its customers in the respective version valid at the time of conclusion of the contract. They also contain important customer information required by law. Conflicting, deviating or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless the company has agreed to conflicting, deviating or supplementary general terms and conditions of the customer in whole or with regard to individual provisions. 
 

(2) The customer is a consumer within the meaning of §13 BGB (German Civil Code), insofar as he concludes the contract for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. In contrast, in the sense of §14 BGB (German Civil Code), an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

 

2 Offers and conclusion of contract via the company's website

(1) The contract comes into effect with:

Julian Padon and Bennet Pfeifer

At the Windberg 4

69221 Dossenheim

 

(2) The essential characteristics of the goods are to be taken from the respective product description provided by the seller. 

 

(3) All offers of the company are subject to change and non-binding. A contract between the company and the customer is only concluded when the company accepts an offer from a customer. The company reserves the right not to accept an order in the event of typing and calculation errors or errors on the website.

 

(4) All offers in the seller's online shop are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, a confirmation of the customer's order is sent to the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 5 working days whether he accepts the order (order confirmation). The ordering process in the online shop of the seller works as follows:

 

(5) The conclusion of a purchase contract is effected by offer and acceptance.

You can place an order on our website by placing a selected product in your shopping cart.

To do this, click on the "Add to shopping cart" button on the product page.

If you wish, you can then add further products to the shopping basket in the same way.

After selecting the product(s) you can click on the "Shopping Cart" button. A new page will open, showing the previously selected content of the shopping cart.

Directly from the shopping cart page, you can continue shopping without registering as a customer, open a new personal customer account or log in using an existing customer account.

After entering the data required for the order or after displaying the existing customer data, it is possible to define the details of the dispatch and the payment method. A further button allows you to check the previous information on the item, address, shipping method and payment method once again.

Then click on the "Buy" button and submit an offer to purchase the item(s) you have selected.

Acceptance by us shall be in accordance with § 2 of our General Terms and Conditions of Business.

 

3 Payment, prices and shipping costs

(1) Payment by PayPal, credit card or prepayment by bank transfer

(2) The stated prices are retail prices plus shipping costs.

(3) Due to the small business status according to § 19 UStG the value added tax is not shown in the invoice.

(4) The company charges the customer shipping costs in addition to the purchase price. The amount of shipping costs can be found on the company's website. In addition, customers will be clearly informed of the shipping costs on the order page before placing an order. 

(5) In the case of deliveries of goods to countries outside Germany, import duties may be payable by the customer on imports of goods. The level of import duties varies in different customs areas. The customer is responsible for the proper removal of all necessary customs duties and fees.


4 Subject matter of the contract and availability of goods

(1) The subject matter of the contract are the goods and services specified by the customer within the scope of the order and specified in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, especially with regard to the availability of goods.

(2) If no copies of the product selected by the customer are available at the time of the order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from declaring acceptance. A contract is not concluded in this case

 

5 Delivery and delivery times

(1) The delivery is made to the delivery address specified by the customer in the context of the order.

(2) The dispatch of the goods takes place regularly two working days, in individual cases however at the latest 5 working days after receipt of the payment of the customer with payment in advance and/or after execution of the payment procedure with payment by PayPal or with payment by Sofortüberweisung.

 

6 Transfer of Risk and Warranty for Material Defects

(1) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of sale to destination, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall not pass to the buyer until the item is handed over, even in the case of mail order purchase. The same applies if the buyer is in default of acceptance.

(2)The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB.

(3) Complaints and claims for defects can be made at the address given in the provider identification.

 

7 Retention of title

(1) The delivered goods remain the property of the seller until full payment has been made.

 

8 Text of the contract

(1) If you place an order via our website, the contract text will be stored by us and sent to you on request by e-mail or post together with the general terms and conditions valid at the time the contract is concluded.

 

9 Right of revocation, costs of return in case of revocation

(1) Consumers are entitled to the statutory right of revocation. Company informs customers on its website about the existence or non-existence of a right of revocation as well as the conditions, details of the exercise, in particular the name and address of the person to whom the revocation is to be declared, and the legal consequences of the revocation. In addition, the customer will be informed in text form of a cancellation instruction in accordance with the legal requirements when ordering via the Internet at the latest when the contract is concluded. 

2. Consumers shall return or transfer to the undertaking goods which, by reason of their nature, can be returned normally by post (including parcel services) without delay and in any event at the latest within 14 days from the date on which the consumer notifies the undertaking of the cancellation of this contract. This period is observed if consumers dispatch the goods before the expiry of the fourteen-day period. Consumers bear the direct costs of returning the goods. 

(3) In accordance with § 312g Paragraph 2 No. 1 BGB, the right of revocation does not apply in particular to distance contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.


10 Final provisions, place of jurisdiction, severability clause

(1) The legal relationship between the customer and the company shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If provisions of the state in which a customer, who is a consumer, has his habitual residence, provide protection for consumers that does not exist under German law, these provisions shall apply to the legal relationship between this customer and the company. 

(2) If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is 69221 Dossenheim. The same applies if the customer has no general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is filed. 

(3) Should individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

(4) The contractual languages are English and German.