Terms and Conditions [To be used from 01/01/2022]
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Duration and termination of subscription contracts
7. Retention of Title
8. Liability for Defects
9. Liability
10. Redeeming Promotional Vouchers
11. Governing Law
12. Jurisdiction
13. Online Dispute Resolution Information
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "PURAX International GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the seller in his goods offered in the online shop. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4. The seller's product description is decisive for the subject matter of the contract.
The subject of the contract may be the purchase of goods by way of a one-time delivery or by way of a continuous delivery ("subscription contract").
The subscription contract obliges the seller to deliver the goods at contractually agreed intervals until the end of the contract period.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer has sent the offer 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the "Paypal Express" payment method is selected, the 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"). The PayPal usage agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.5. If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe User Agreement applies here, which can be accessed at https://payments.amazon.de/help/201751590.
If the customer selects the "Amazon Payments" payment method to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to Amazon by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.6. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.
2.7. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.8. The contract language is German.
2.9. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.
3.3. The customer can select the payment methods that are available in the online shop.
3.4. When paying via SEPA direct debit, the purchase price is due after the deadline for issuing the advance information on payment and after a SEPA direct debit mandate has been issued.
Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example.
The amount is collected when the goods leave the warehouse and the period for advance information has expired.
If the direct debit cannot be redeemed due to insufficient funds in the account or the provision of incorrect bank details, the customer must bear the costs of the chargeback if he is responsible for them. The same applies in the event of the customer objecting if he was not entitled to do so.
3.5. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. When paying via "PayPal direct debit", the claim is collected by PayPal from the customer's bank account after a SEPA direct debit mandate has been issued and after the deadline for preliminary information has expired on behalf of the seller. Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.
3.7. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/ , Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers payment options via Klarna for Germany and Austria.
In the case of selection by the customer, payment is made to Klarna in each case:
• Instant bank transfer
• Debit charge
• Klarna invoice: When purchasing on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the general terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_at/invoice?fee=0 .
• Klarna installment purchase (each only available in Germany): the monthly installments are at least 1/24 of the total amount of the purchase (but at least EUR 6.95). The conditions otherwise stated in the checkout apply. The customer can find further information on Klarna installment purchases, including the general terms and conditions and the European standard information for consumer credit, here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/part_payment .
• Credit card (Visa/ Mastercard/ American Express)
The payment options are offered as part of Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_at/checkout
General information about Klarna: https://www.klarna.com/de/ .
The personal details of the customer are processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy/Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy processed.
Note: Klarna is not responsible for fulfilling the seller's legal information obligations towards the customer. In particular, Klarna does not send the customer any information on the right of withdrawal for the contract between the retailer and the customer and no order confirmation. The seller remains responsible for fulfilling the legal obligations relating to the contractual relationship between the seller and the customer.
3.8. When paying with a Klarna payment method (purchase on account, installment purchase, direct debit, credit card if offered), payment is processed by Klarna BANK AB (publ) (https://www.klarna.com/de , Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying by credit card, your credit card account will be debited immediately after the purchase process has been completed. When paying by direct debit, you give Klarna a SEPA direct debit mandate when you place the order. Klarna will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been shipped.
In addition to these terms and conditions, Klarna's terms and conditions and data protection declaration apply to payment processing via Klarna. More information about the seller's Klarna payment methods and Klarna's conditions for this can be viewed in the seller's payment information.
When paying with "Sofortüberweisung", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, you need an online banking account with PIN/TAN procedure, with which you can identify yourself during the payment process and confirm the payment order to "SOFORT".
The payment will be made immediately after the payment process has been completed by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/ .
3.9. When paying on account via "PayPal invoice", the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with a debt-discharging effect.
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
Otherwise, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.10. When paying by "SOFORT", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with a PIN/TAN procedure activated for participation in "SOFORT", with which he can legitimize himself during the payment process and confirm the payment order to "SOFORT". . The payment will be made immediately after the payment process has been completed by "SOFORT" and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
3.11. When concluding subscription contracts, the purchase price for the goods to be delivered as part of the subscription is due for payment in advance for the agreed delivery interval.
The payment options available for this can be viewed in the seller's online shop.
If the SEPA direct debit payment method is selected and a corresponding SEPA direct debit mandate is issued, amounts due will be withdrawn from the customer's bank account at the beginning of the new delivery interval. If the direct debit cannot be redeemed due to insufficient funds in the account or the provision of incorrect bank details, or if the customer objects to the debit without justification, the customer must bear the fees incurred by the chargeback from the respective bank if he is responsible for this.
4. Terms of delivery and shipping
4.1. Goods are delivered by mail to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. In the case of subscription contracts, the customer must inform the seller immediately of any changes to the delivery address.
4.3. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of cancellation. Here it remains with the legal or the regulation made by the seller.
4.4. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment, if the customer has specified the freight forwarder, freight carrier or other person to carry out the shipment Person or institution commissioned with the execution itself and the seller has not previously named this person or institution to the customer.
4.5. The conclusion of the contract is subject to the proviso that in the event of improper, delayed or non-delivery to ourself, we do not pay or pay only in part or at a later date. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for improper, delayed or missing self-delivery and cannot be remedied by him with reasonable effort. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
4.6. Pick-up is not offered.
4.7. Vouchers are given to the customer in the following form:
5. Right of Withdrawal
5.1. If the customer is a consumer, he has a right of withdrawal.
5.2. The cancellation policy of the seller applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Duration and termination of subscription contracts
6.1. Subscription contracts and term contracts are initially concluded for an unlimited period
The customer can terminate the contract at any time without observing a period of notice.
6.2. The right to terminate for good cause remains unaffected.
6.3. Notices of termination must be sent in writing or in text form (e.g. by e-mail).
7. Retention of Title
7.1. In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.
7.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
7.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties arising from the resale to the amount of the respective invoice value (including sales tax) in advance to the seller. This assignment applies regardless of whether the reserved goods were resold without or after being processed. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed against the customer.
8. Liability for Defects
With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
8.1. If the customer acts as an entrepreneur,
8.2. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
stay untouched.
8.3. If the customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial inspection and notification obligations in accordance with Section 377 HGB.
8.4. If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
9. Liability
The liability of the seller from all contractual, quasi-contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:
9.1. The seller is only fully liable for damages that are due to intentional or grossly negligent behavior.
In the case of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence.
An essential contractual obligation is one the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.
As set out above, the seller is also liable on the basis of a guarantee promise, unless otherwise agreed in this regard.
This also applies to indirect consequential damage, such as lost profits in particular, and to mandatory liability, such as under the Product Liability Act.
9.2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) - liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract limited. This also applies to indirect consequential damages such as lost profits in particular.
9.3. Incidentally, a liability of the seller is excluded.
9.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.
10. Redeeming Promotional Vouchers
10.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
10.2. Individual products may be excluded from the voucher campaign.
If applicable, the specific restrictions can be found on the promotional voucher.
10.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting does not take place.
10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5. The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7. The balance of a promotional voucher will neither be paid out nor will interest be paid.
10.8. The campaign voucher will also 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.
10.9. The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11. Governing Law
11.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
11.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of 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 this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
13. Online Dispute Resolution Information
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
Although we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, we are in principle ready to do so.
1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Terms of delivery and shipping
5. Right of Withdrawal
6. Duration and termination of subscription contracts
7. Retention of Title
8. Liability for Defects
9. Liability
10. Redeeming Promotional Vouchers
11. Governing Law
12. Jurisdiction
13. Online Dispute Resolution Information
1. Scope
1.1. These general terms and conditions (hereinafter referred to as "GTC") of "PURAX International GmbH" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller about the seller in his goods offered in the online shop. The inclusion of the customer's own conditions is contradicted, unless something else has been agreed.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4. The seller's product description is decisive for the subject matter of the contract.
The subject of the contract may be the purchase of goods by way of a one-time delivery or by way of a continuous delivery ("subscription contract").
The subscription contract obliges the seller to deliver the goods at contractually agreed intervals until the end of the contract period.
2. Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer has sent the offer 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4. If the "Paypal Express" payment method is selected, the 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"). The PayPal usage agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.5. If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe User Agreement applies here, which can be accessed at https://payments.amazon.de/help/201751590.
If the customer selects the "Amazon Payments" payment method to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to Amazon by clicking on this button, the seller declares acceptance of the customer's offer at the time the payment order is issued, deviating from the above provisions.
2.6. The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.
2.7. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.8. The contract language is German.
2.9. It is the customer's responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
The customer is advised to check the details with the respective institutions or authorities before ordering.
3.3. The customer can select the payment methods that are available in the online shop.
3.4. When paying via SEPA direct debit, the purchase price is due after the deadline for issuing the advance information on payment and after a SEPA direct debit mandate has been issued.
Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example.
The amount is collected when the goods leave the warehouse and the period for advance information has expired.
If the direct debit cannot be redeemed due to insufficient funds in the account or the provision of incorrect bank details, the customer must bear the costs of the chargeback if he is responsible for them. The same applies in the event of the customer objecting if he was not entitled to do so.
3.5. When paying via "PayPal", the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. When paying via "PayPal direct debit", the claim is collected by PayPal from the customer's bank account after a SEPA direct debit mandate has been issued and after the deadline for preliminary information has expired on behalf of the seller. Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.
3.7. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/ , Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers payment options via Klarna for Germany and Austria.
In the case of selection by the customer, payment is made to Klarna in each case:
• Instant bank transfer
• Debit charge
• Klarna invoice: When purchasing on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the general terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/invoice?fee=0
and the complete terms and conditions for purchase on account for deliveries to Austria can be found here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_at/invoice?fee=0 .
• Klarna installment purchase (each only available in Germany): the monthly installments are at least 1/24 of the total amount of the purchase (but at least EUR 6.95). The conditions otherwise stated in the checkout apply. The customer can find further information on Klarna installment purchases, including the general terms and conditions and the European standard information for consumer credit, here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/part_payment .
• Credit card (Visa/ Mastercard/ American Express)
The payment options are offered as part of Klarna Checkout. The customer can find more information and the terms of use for Klarna Checkout here:
for Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_de/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/purax/de_at/checkout
General information about Klarna: https://www.klarna.com/de/ .
The personal details of the customer are processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy/Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy processed.
Note: Klarna is not responsible for fulfilling the seller's legal information obligations towards the customer. In particular, Klarna does not send the customer any information on the right of withdrawal for the contract between the retailer and the customer and no order confirmation. The seller remains responsible for fulfilling the legal obligations relating to the contractual relationship between the seller and the customer.
3.8. When paying with a Klarna payment method (purchase on account, installment purchase, direct debit, credit card if offered), payment is processed by Klarna BANK AB (publ) (https://www.klarna.com/de , Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
When paying by credit card, your credit card account will be debited immediately after the purchase process has been completed. When paying by direct debit, you give Klarna a SEPA direct debit mandate when you place the order. Klarna will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been shipped.
In addition to these terms and conditions, Klarna's terms and conditions and data protection declaration apply to payment processing via Klarna. More information about the seller's Klarna payment methods and Klarna's conditions for this can be viewed in the seller's payment information.
When paying with "Sofortüberweisung", the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, you need an online banking account with PIN/TAN procedure, with which you can identify yourself during the payment process and confirm the payment order to "SOFORT".
The payment will be made immediately after the payment process has been completed by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/ .
3.9. When paying on account via "PayPal invoice", the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, so payments can only be made to PayPal with a debt-discharging effect.
The rest of the contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
Otherwise, the General Terms of Use for the use of PayPal purchases on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.10. When paying by "SOFORT", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with a PIN/TAN procedure activated for participation in "SOFORT", with which he can legitimize himself during the payment process and confirm the payment order to "SOFORT". . The payment will be made immediately after the payment process has been completed by "SOFORT" and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
3.11. When concluding subscription contracts, the purchase price for the goods to be delivered as part of the subscription is due for payment in advance for the agreed delivery interval.
The payment options available for this can be viewed in the seller's online shop.
If the SEPA direct debit payment method is selected and a corresponding SEPA direct debit mandate is issued, amounts due will be withdrawn from the customer's bank account at the beginning of the new delivery interval. If the direct debit cannot be redeemed due to insufficient funds in the account or the provision of incorrect bank details, or if the customer objects to the debit without justification, the customer must bear the fees incurred by the chargeback from the respective bank if he is responsible for this.
4. Terms of delivery and shipping
4.1. Goods are delivered by mail to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2. In the case of subscription contracts, the customer must inform the seller immediately of any changes to the delivery address.
4.3. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of cancellation. Here it remains with the legal or the regulation made by the seller.
4.4. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them.
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment, if the customer has specified the freight forwarder, freight carrier or other person to carry out the shipment Person or institution commissioned with the execution itself and the seller has not previously named this person or institution to the customer.
4.5. The conclusion of the contract is subject to the proviso that in the event of improper, delayed or non-delivery to ourself, we do not pay or pay only in part or at a later date. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for improper, delayed or missing self-delivery and cannot be remedied by him with reasonable effort. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.
4.6. Pick-up is not offered.
4.7. Vouchers are given to the customer in the following form:
- by email
- via download
- postal
5. Right of Withdrawal
5.1. If the customer is a consumer, he has a right of withdrawal.
5.2. The cancellation policy of the seller applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Duration and termination of subscription contracts
6.1. Subscription contracts and term contracts are initially concluded for an unlimited period
The customer can terminate the contract at any time without observing a period of notice.
6.2. The right to terminate for good cause remains unaffected.
6.3. Notices of termination must be sent in writing or in text form (e.g. by e-mail).
7. Retention of Title
7.1. In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.
7.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.
7.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.
The customer assigns the claims against third parties arising from the resale to the amount of the respective invoice value (including sales tax) in advance to the seller. This assignment applies regardless of whether the reserved goods were resold without or after being processed. The customer may also collect claims after the assignment, but this does not affect the seller's right to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed against the customer.
8. Liability for Defects
With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed.
8.1. If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of used goods, the rights and claims due to defects are fundamentally excluded;
- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- the statute of limitations does not begin again if a replacement delivery has been made as part of the liability for defects.
8.2. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB
stay untouched.
8.3. If the customer acts as a merchant within the meaning of Section 1 HGB, he is subject to the commercial inspection and notification obligations in accordance with Section 377 HGB.
8.4. If the customer acts as a consumer, he is asked to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly made clear that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.
9. Liability
The liability of the seller from all contractual, quasi-contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:
9.1. The seller is only fully liable for damages that are due to intentional or grossly negligent behavior.
In the case of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the seller is also liable for slight negligence.
An essential contractual obligation is one the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.
As set out above, the seller is also liable on the basis of a guarantee promise, unless otherwise agreed in this regard.
This also applies to indirect consequential damage, such as lost profits in particular, and to mandatory liability, such as under the Product Liability Act.
9.2. Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health and the violation of essential contractual obligations (cardinal obligations) - liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract limited. This also applies to indirect consequential damages such as lost profits in particular.
9.3. Incidentally, a liability of the seller is excluded.
9.4. The above liability regulations also apply mutatis mutandis in favor of the seller's employees and vicarious agents.
10. Redeeming Promotional Vouchers
10.1. Vouchers that the seller gives away free of charge as part of (advertising) campaigns with a specific period of validity and that the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
10.2. Individual products may be excluded from the voucher campaign.
If applicable, the specific restrictions can be found on the promotional voucher.
10.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting does not take place.
10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem several promotional vouchers in one order.
10.5. The goods value of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.6. If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.7. The balance of a promotional voucher will neither be paid out nor will interest be paid.
10.8. The campaign voucher will also 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.
10.9. The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11. Governing Law
11.1. The law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
11.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12. Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of 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 this contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
13. Online Dispute Resolution Information
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr
Although we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, we are in principle ready to do so.