General Terms and Conditions
1. Scope
The following General Terms and Conditions apply to all orders placed through our online shop by consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
The following applies to business customers: If a business customer uses conflicting or supplementary general terms and conditions, we hereby object to their applicability; they will only form part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of the contract, correction options
The purchase contract is concluded with Prowebco GmbH.
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to purchase the goods contained in your shopping cart. Receipt of your order is confirmed by email immediately after you submit the order.
We accept your offer within two days by
- sending a declaration of acceptance in a separate email; or
- where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see “Payment” below).
The applicable alternative is determined by whichever of the listed events occurs first.
3. Contract language, storage of the contract text
The language available for concluding the contract is German.
We do not store the contract text.
4. Delivery conditions
Shipping costs may apply in addition to the stated product prices. More detailed information about any applicable shipping costs is provided in the respective offers.
We deliver by shipping only. Unfortunately, collection of the goods in person is not possible.
We do not deliver to parcel lockers (Packstationen).
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you select payment in advance, we will provide our bank details in a separate email and dispatch the goods after receiving payment.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer the following payment options as PayPal Services. Unless otherwise specified below, payment via PayPal Plus does not require registration with PayPal. Further information is provided under the respective payment option and during the ordering process.
PayPal
To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. PayPal carries out the payment transaction immediately after you submit the order.
PayPal may offer additional payment arrangements in the accounts of registered PayPal customers selected according to its own criteria. However, we have no influence over whether these arrangements are offered; any additional payment arrangements offered to you individually concern your legal relationship with PayPal. Further information is available in your PayPal account.
Credit card via PayPal
PayPal will charge your card after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal is subject to an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (known as pre-notification). Your account will be debited before the goods are dispatched.
Payment on account via PayPal
Payment on account via PayPal is subject to an address and creditworthiness check and is made directly to PayPal.
Sofort by Klarna
To pay the invoice amount through the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 München, you must have a bank account enabled for online banking, authenticate yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you submit the order. Further information is provided during the ordering process.
Amazon Pay
To pay the invoice amount through the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be carried out within one banking business day after you submit the order. A banking business day is any working day other than Saturdays, nationwide public holidays in Germany, and 24 and 31 December of each year. Further information is provided during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Payment via Klarna is available to consumers only. Unless otherwise specified below, payment via Klarna is subject to a successful address and creditworthiness check and is made directly to Klarna. Further information is provided under the respective payment option and during the ordering process.
Payment on account via Klarna
The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received.
Klarna credit card
You provide your credit card details during the ordering process. Klarna will charge your card immediately after you submit the order. No address or creditworthiness check is carried out.
Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (known as pre-notification). Your account will be debited after the goods have been dispatched.
Payment by instalments via Klarna
You may pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is EUR 6.95.
6. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the instructions on withdrawal. Business customers are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until payment has been made in full.
The following additionally applies to business customers: We retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, up to the amount of the invoice, regardless of whether the goods subject to retention of title have been combined or mixed with a new item, and we accept this assignment. You remain authorised to collect these claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. At your request, we will release the security interests to which we are entitled to the extent that their realisable value exceeds the value of the outstanding claims by more than 10%.
8. Damage in transit
The following applies to consumers: If goods are delivered with obvious damage in transit, please report this damage to the delivery carrier as soon as possible and contact us without delay. Failure to report the damage or contact us will not affect your statutory claims or their enforcement, particularly your statutory rights in respect of defects. However, doing so helps us assert our own claims against the carrier or transport insurer.
The following applies to business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.
9. Statutory rights in respect of defects and guarantees
9.1 Statutory liability for defects
Unless expressly agreed otherwise below, the statutory provisions governing liability for defects apply.
The following restrictions and shortened limitation periods do not apply to claims arising from damage caused by us, our legal representatives or persons acting on our behalf
- in the event of death, personal injury or damage to health;
- in the event of an intentional or grossly negligent breach of duty or fraudulent conduct;
- in the event of a breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose observance the contracting party may normally rely (cardinal obligations);
- under a guarantee, where agreed; or
- where the German Product Liability Act applies.
Restrictions applicable to business customers
For business customers, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement on the characteristics of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For business customers, the limitation period for claims relating to defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for rights of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.
Provisions applicable to merchants
In transactions between merchants, the duty to inspect the goods and notify defects under Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification required by that provision, the goods will be deemed approved, unless the defect could not have been identified during inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their precise terms is provided with the respective product and on dedicated information pages in the online shop.
10. Liability
Our liability for claims arising from damage caused by us, our legal representatives or persons acting on our behalf is always unlimited
- in the event of death, personal injury or damage to health;
- in the event of an intentional or grossly negligent breach of duty;
- under a guarantee, where agreed; or
- where the German Product Liability Act applies.
In the event of a slightly negligent breach by us, our legal representatives or persons acting on our behalf of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose observance the contracting party may normally rely (cardinal obligations), liability is limited to the damage foreseeable at the time the contract was concluded and typically to be expected.
All other claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
12. Final provisions
If you are a business customer, German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our registered office is the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us.
General Terms and Conditions created using the Trusted Shops legal text generator