General Terms And Conditions
Terms of Service
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
These terms and conditions shall also apply to future business relations with entrepreneurs, without our having to refer to them again. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, the validity thereof is hereby contradicted; they will only become part of the contract if we have expressly consented to it.
2. Contracting party, conclusion of contract
The purchase agreement comes with PJaspert Eiswaffeln e.K ..
By placing the products in the online shop, we issue a binding offer to conclude the contract. You can insert our products initially suggested to the cart at any time to correct your input before submitting your binding order by using the space provided in the ordering process and explained proofing tools. The contract is concluded by clicking on the order button to accept the offer via the goods contained in the shopping basket. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract renewal
The language available for the contract is German.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can also read the terms and conditions on this page at any time. You can view your past orders in our customer login.
4. Terms of delivery
In addition to the indicated product prices are still shipping costs added. You can find out more about the amount of the shipping costs in the offers.
We deliver only by mail. Unfortunately, a self collection of the product is not possible.
The following payment methods are available in our shop:
Payment in advance
If you choose the method of payment in advance we will call you our bank account in separate email and deliver the goods after payment receipt.
PayPal, PayPal Express
In the ordering process, you are forwarded to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is automatically executed by PayPal immediately afterwards. You'll get more information during the ordering process.
As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of PayPal. There you can specify your payment data, confirm the use of your data by PayPal and payment instructions to PayPal.
If you have selected the PayPal payment method, you must be registered there, or have to register and authenticate with your access data, in order to be able to pay the invoice amount. The payment transaction is automatically executed by PayPal immediately after confirmation of the payment instruction. You'll get more information during the ordering process.
If you have chosen the payment type credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction is performed immediately after confirmation of the payment order and after your legitimacy as the rightful cardholder from your credit card company to request from PayPal and your card charged. You'll get more information during the ordering process.
If you have selected the payment method direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. With confirmation of payment instructions, you issue PayPal a direct debit mandate. You will be informed by PayPal about the date of the account balance (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instructions, PayPal asks its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You'll get more information during the ordering process.
6. Proprietary reservation
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve the right to ownership of the goods until the full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; any claims arising out of this resale will be transferred to us in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. They remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.
7. Transportation damage
If goods are delivered with obvious transport damage, please report such faults immediately to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or other person or institution who is otherwise required to carry out the dispatch. Among merchants, the obligation to inspect and notify the company, as stipulated in § 377 HGB. If you fail to comply with the advertisement, the goods shall be deemed to be approved, unless it is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects shall be one year from the transfer of risk; the statutory limitation periods for the recourse claim pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with the guarantee, either by removing the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of violation of essential contractual obligations, the fulfillment of which allows the proper implementation of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligations)
in the context of a guarantee promise, if agreed
as long as the scope of the Product Liability Act is in force.
Information about any applicable additional warranties and their exact terms can be found on the product and on special information pages in the Onlineshop.
Customer service: Mon-Fri 9 am - 3 pm | 0201 813 93 750
10. Dispute Resolution
The European Commission provides a platform for online dispute settlement (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer sacking agency. Responsible is the General Consumer Protection Center of the Center for Conciliation e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute settlement process before this point.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN purchase law.
If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
GTC created with the Trusted Shops Rechtstexter in cooperation with Wildebeuger Solmecke Rechtsanwälte.