Table of contents
- 1. Scope
- 2. Conclusion of agreement
- 3. Right to cancellation
- 4. Prices and payment terms
- 5. Delivery and shipping terms
- 6. Retention of ownership
- 7. Liability for defects (warranty)
- 8. Redemption of promotional vouchers
- 9. Applicable law
- 10. Jurisdiction
- 11. Code of Conduct
1.1 These General Terms and Conditions (hereafter "GTC") of P. Glatzeder GmbH (hereafter "Seller") apply to all contracts between the consumer or entrepreneur (hereafter "Customer") and the Seller, regarding goods and services in the online shop of the seller. These terms supersede the terms of the customer unless it is agreed upon otherwise.
1.2 Consumers regarding these GTC shall mean any natural person who enters into a legal transaction for purposes that are neither commercial nor can be attributed to an independent professional activity. Entrepreneurs regarding these GTC shall mean any natural or legal person or legal partnership concluding a legitimate transaction in their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions in the online shop of the Seller do not constitute binding offers on the part of the seller but are intended to submit a mandatory proposal to the customer.
2.2 The customer may send the offer via the integrated online order form in the online shop of the seller. After having selected the goods and/or services in the virtual shopping basket, the customer can continue with the electronic ordering process, by clicking on the different buttons guiding him/her through the ordering process. Pressing the final button in the ordering process results in a legally binding contract offer about the goods and/or services in the shopping basket. Furthermore, the customer can also order via fax or e-mail.
2.3 The seller can accept the order of the customer within five days,
- by sending the customer a written confirmation of the order or an acceptance in writing (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- if the ordered goods are delivered to the customer, the extent to which the customer has access to the products, or
- if he asks the customer to pay for delivery of the order.
If several of the alternatives mentioned above apply, the contract comes into effect on the date on which the first of the mentioned alternatives comes into effect. If the seller does not accept the order of the customer within the aforementioned period, it shall be deemed rejection of the tender, and the customer will no longer be bound by his declaration of intent.
2.4 If, during the online order process, the customer chooses "PayPal Express" as payment method, concluding the ordering process also includes a payment order to his payment service. In this case, the seller declares, contrary to section 2.3, that the customer's order is accepted at the time in which the client initiates the ordering process by clicking the buttons through the payment process.
2.5 The deadline for accepting the offer begins on the day following the dispatch of the order by the customer and shall end with the end of the fifth day, which follows after the dispatch of the order.
2.6 When submitting a bid via the online order form of the seller, the contract will be stored by the seller and sent to the customer with the order, together with these Terms and Conditions in writing (i.e. e-mail, fax or letter). In addition, the contract will be stored on the website of the seller and can be accessed free of charge by the customer via his/her password protected customer account. This is only possible if the customer has created an account in the online shop of the seller.
2.7 Before sending in the order via the online order form of the seller, the customer can correct his/her entries by using the usual keyboard and mouse functions. In addition, all entries prior to the final submission of the order are displayed once again in a confirmation window, and can be corrected by using the usual keyboard and mouse functions.
2.8 For the conclusion of the contract, only the German language is available.
2.9 The order processing and contact will usually take place via e-mail and automated order processing. The customer must ensure that his/her entered email address is correct, to be able to receive the e-mails sent by the seller. In particular, in case of the use of spam filters, the customer must ensure that all e-mails from the seller or a third party that will ship the products, can be received.
3) Right of cancellation
3.1 The user has a right to cancel the contract.
3.2 More information about the right of cancellation can be found in the cancellation policy of the seller.
3.3 The right of cancellation does not apply to consumers who did not belong to a member state of the European Union at the time the contract was concluded and whose sole residence and delivery address at the time the contract was concluded was outside of the European Union.
4) Prices and Payment Terms
4.1 Unless the product description of the seller indicates otherwise, the indicated prices are total prices, including VAT. Optionally, additional delivery and shipping costs are displayed separately in the respective product descriptions.
4.2 For deliveries to countries outside of the European Union, other costs might be applicable. The seller is not responsible for these costs, and these shall be borne by the customer. These costs might include costs for the money transfer through banks (e.g. bank transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). Such costs can also be incurred if the delivery is not made outside of the European Union, but the customer pays by money transfer from a country outside of the European Union.
4.3 Customers can choose from several available payment options, which are stated in the online shop of the seller.
4.4 If advanced payment is agreed upon, payment is due immediately after the contract has been concluded.
4.5 In case of payment through a payment method offered by PayPal, the payment will be processed by payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereafter: "PayPal"), under the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in case the customer does not have a PayPal account - under the conditions for payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping terms
5.1 The delivery of goods occurs in transit to the delivery address indicated by the customer, unless otherwise agreed. During the completion of the transaction, the delivery address specified in the order processing of the seller is decisive. If PayPal is selected as payment method, the delivery address that the customer has selected with PayPal is decisive.
5.2 If the transport company returns the goods back to the seller, because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful delivery. This does not apply if the customer exercises his right of cancellation or if he is not responsible for the circumstance that has led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, provided that the seller announced the service a reasonable time in advance.
5.3 In case of collection, the seller will inform the customer via e-mail of the fact that the goods are ready to be collected. After receiving this e-mail, the customer can pick up the goods after consultation with the seller at the headquarters of the seller. In this case, no shipping costs will be charged.
6) Retention of ownership
The seller will remain the legal owner of the goods, until full payment of the purchase price.
7) Liability for defects (warranty)
7.1 If the goods are defective, the provisions of the statutory liability for defects apply.
7.2 In any case, the limitation period for warranty claims for used goods is one year from the date of delivery to the customer. However, the shortening of the limitation period of one year shall not
- apply in cases where products are used in accordance with their usual purpose and have caused defectiveness,
- damages resulting from physical injuries based on intentional or negligent breach of duty of the seller or an intentional or negligent breach of duty by a legal representative or agents of the seller,
- for other damages that result from an intentional breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or agent of the user, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to inform the deliverer of obvious transport damage and also inform the seller accordingly. A failure by a consumer to comply with the request has no effect on the customer's statutory right to make warranty claims.
8) Redemption of promotional vouchers
8.1 Vouchers, issued for free by the seller as part of a promotion and with a certain validity and which cannot be purchased by customers (hereafter: "Promotional vouchers") can only be redeemed in the online shop of the seller, and in the specified period.
8.2 Individual products may be excluded from the voucher promotion, if this is clearly indicated on the voucher.
8.3 Promotional vouchers can only be redeemed prior to the conclusion of the ordering process. It is not possible to redeem these afterwards.
8.4 Only one promotional voucher can be redeemed per order.
8.5 Die order value must be at least equal to the value of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the promotional voucher is of insufficient value to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
8.7 The value of the promotional voucher will not be paid in cash.
8.8 The promotional voucher will not be refunded if the customer returns the goods purchased partially or wholly with the promotional voucher as part of its statutory right of withdrawal.
8.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher cannot be transferred to third parties. The seller is entitled, yet not obliged, to examine the substantive eligibility of the voucher holder.
9) Applicable law
9.1 German law will apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law only apply if there is no protection under the law of the country in which the consumer resides.
9.2 Furthermore, this choice of law with respect to the statutory right of cancellation does not apply to consumers who do not belong a member state of the European Union at the time the contract was concluded, and whose sole residency and delivery address at the time of concluding the contract is outside of the European Union.
If the customer is a merchant, legal entity under public law or public law special fund, established in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the seat of the seller. If the customer has its registered office outside of the territory of the Federal Republic of Germany, then the location of the seller will be the sole place of jurisdiction for all disputes arising from this contract, if the contractor claims arising from the contract are commercial or related to the profession of the customer. The seller, however, is authorized in the cases above and in any case, to call the place of business of the customer.
11) Code of Conduct
- The seller adheres to the Trusted Shops quality criteria, which can be found online via http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
Version number: 201511271320