General Terms And Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Granting Rights of Use for Digital Content
- Reservation of Proprietary Rights
- Special Conditions for Repair Services
- Special Conditions for Assembly/Installation Services
- Redemption of Campaign Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company ProfiLab24 GmbH (hereinafter referred to as "Seller) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Clients own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 Digital content in the sense of these GTC is all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these GTC.
2) Conclusion of the Contract
2.1 The product descriptions in the Sellers online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, fax, e-mail, postal service or per online contact form.
2.3 The Seller may accept the Clients offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Clients offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
If the Client chooses PayPal Express as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller declares his acceptance of the Clients offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Sellers online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Clients responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Sellers instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Sellers product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Sellers online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction. The Seller also reserves the right to carry out a creditworthiness check when the payment method purchase on account is selected, and he may reject this payment method in the event of a negative creditworthiness check.
4.6 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the Client's credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the Client has placed his order in the online shop. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Sellers order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb that is to say to the public curb stones which are closest to the delivery address, unless otherwise stipulated in the shipping information displayed in the Sellers online shop or unless otherwise agreed.
5.4 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case shipment costs will not be charged.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The Seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 Deviating hereof regarding used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
The shortening of the limitation period does not apply,
- for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
- for claims for damages and reimbursement of expenses on the part of the Client, and
- if the Seller has fraudulently concealed the defect.
8.3 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Special Conditions for Repair Services
If the Seller is responsible for the repair of a Client's item under the terms of the contract, the following shall apply:
9.1 Repair services shall be provided at the Seller's place of business.
9.2 The Seller shall render his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Client has no right to select a specific person to perform the desired service.
9.3 The Client must provide the Seller with all information necessary for the repair of the item unless its procurement does fall within the Seller's scope of duties according to the content of the contract. In particular, the Client must provide the Seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.
9.4 Unless otherwise agreed, the Client must send the item to be repaired to the Seller's place of business at his own expense and risk. The Seller recommends the Client to conclude a transport insurance for this purpose. Furthermore, the Seller recommends the Client to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the content of the packaging. The Seller will immediately inform the Client of obvious transport damage so that the Client can assert any rights he may have against the transport company.
9.5 The return of the goods shall be at the Client's expense. The risk of accidental loss and accidental deterioration of the item passes to the Client when the item is handed over to a suitable transport person at the Seller's place of business. At the Client's request, the Seller will conclude a transport insurance for the goods.
9.6 The Client can also transfer the item to be repaired at the Seller's place of business and collect it again from the Seller if this results from the Seller's service description or if the parties have made a corresponding agreement in this respect. In this case, the above provisions regarding the bearing of costs and risks shall apply accordingly when the goods are dispatched and returned.
9.7 The aforementioned regulations do not limit the Client's statutory rights in the event of the purchase of goods from the Seller.
9.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.
10) Special Conditions for Assembly/Installation Services
If, according to the contents of the contract, the Seller owes, in addition to the delivery of the goods, the assembly or installation of the goods at the Client's premises as well as any appropriate preparatory measures (e.g. measurement), the following shall apply:
10.1 The Seller shall perform his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller's behalf. Unless otherwise stated in the Seller's description of services, the Client shall not be entitled to the selection of a specific person to perform the desired service.
10.2 The Client shall provide the Seller with the complete and truthful information required for the provision of the service owed, provided that the procurement of such information does not fall within the Seller's obligations under the terms of the contract.
10.3 The Seller shall contact the Client after conclusion of the contract in order to arrange a date with the Client for the performance owed. The Client shall ensure that the Seller or the personnel commissioned by the Seller have access to the Client's facilities at the agreed time .
10.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Client until the assembly work has been completed and the goods have been handed over to the Client.
11) Redemption of Campaign Vouchers
11.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers) can only be redeemed in the Sellers online shop and only within the indicated time period.
11.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
11.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
11.4 Only one campaign voucher can be redeemed per order.
11.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
11.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
11.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
11.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Sellers online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
12) Applicable Law
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
12.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
12.3 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.
13) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Sellers place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Sellers place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Clients professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
14) Alternative dispute resolution
14.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
14.2 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in principle ready for this.