General terms and conditions with customer information

table of contents

1. scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for assembly / installation services
9. Special conditions for repair services
10. Redemption of campaign vouchers
11. Redeeming gift vouchers
12. Applicable Law
13. Place of jurisdiction
14. Code of Conduct
15. Alternative dispute resolution

1) Scope

1.1  These general terms and conditions (hereinafter “GTC”) of PowerBaseTec GmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller in his online -Shop completes the goods shown. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2  These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.

1.3  A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1  The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2  The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or using the online contact form.

2.3  The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal Terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer clicks the button to complete the ordering process.

2.5 If the payment method “Amazon Payments” is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe user agreement, available at https : //payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.

2.6  When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7  Before placing a binding order via 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 be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8  Only the German language is available for the conclusion of the contract.

2.9  The order processing and contact usually take place via email 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 by the seller to process the order can be delivered.

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 seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2  In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made 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 prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5  If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for prior information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

4.6  If the payment method “PayPal direct debit” is selected, PayPal will collect the invoice amount from the customer’s bank account after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .

4.7  If the payment method direct debit is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) ahead. If the customer is allowed to direct debit after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer’s specified account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The direct debit takes place immediately after sending the customer order in the online shop. Even if the payment method direct debit is selected via secupay AG, the provider remains responsible for general customer inquiries such as goods, delivery times, dispatch, returns, complaints, declarations of revocation and returns or credits.

5) Delivery and shipping conditions

5.1  The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2  If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.

5.3  The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.4  Pickup is not possible for logistical reasons.

5.5  Vouchers are given to the customer as follows:

– by email

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1  If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Special conditions for assembly / installation services

If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods to the customer and, if necessary, corresponding preparatory measures (e.g. measurement), the following applies:

8.1  The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to select a specific person to carry out the desired service.

8.2  The customer must provide the seller with the complete and truthful information necessary for the provision of the owed service, insofar as its procurement does not fall within the seller’s scope of duties according to the content of the contract.

8.3  After the conclusion of the contract, the seller will contact the customer in order to make an appointment with the customer for the service owed. The customer ensures that the seller or the personnel commissioned by him has access to the relevant facilities of the customer on the agreed date.

8.4  The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work has been completed and the goods are handed over to the customer.

9) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:

9.1  Repair services are provided at the seller’s headquarters.

9.2  The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to select a specific person to carry out the desired service.

9.3  The customer has to provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller’s scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error found.

9.4  Unless otherwise agreed, the customer must send the item to be repaired to the seller’s headquarters at his own risk and expense. The seller recommends that the customer take out transport insurance. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that he can assert his existing rights vis-à-vis the carrier.

9.5  The goods are returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the request of the customer, the seller will take out transport insurance for the item.

9.6  The customer can also bring the item to be repaired to the seller’s headquarters and pick it up again if this results from the seller’s service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the assumption of costs and risk for dispatch and return of the item apply accordingly.

9.7  The aforementioned regulations do not limit the customer’s statutory rights to defects in the event that goods are purchased from the seller.

9.8  The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

10) Redemption of campaign vouchers

10.1  Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.

10.2  Promotion vouchers can only be redeemed by consumers.

10.3  Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.

10.4  Promotion vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.

10.5  Only one campaign voucher can be redeemed per order.

10.6  The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

10.7  If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.8  The credit of a campaign voucher is neither paid out in cash nor is interest paid.

10.9  The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10  The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redeeming gift vouchers

11.1  Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.

11.2  Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

11.3  Gift vouchers can only be redeemed before completing the order process. Subsequent billing is not possible.

11.4  Several gift vouchers can be redeemed for one order.

11.5  Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

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

11.7  The balance of a gift voucher is neither paid out in cash nor is interest paid.

11.8  The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

12) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

13) place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business 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. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.

14) Code of Conduct

• The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Retail”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
• The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

15) Alternative dispute resolution

15.1  The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://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.

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

 

 

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