(1)The
following business terms are applicable to all the contracts, which you
conclude with us as a supplier (Pirum GmbH) via the https://www.pirum-holzspielzeuge.de website. Unless otherwise agreed upon, the
inclusion, if necessary, of your own conditions is ruled out.
(2) A
‘consumer’ in the sense of the following regulations is every natural
person who concludes a legal transaction which, to an overwhelming
extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural
person, legal person or legally responsible partnership that concludes a
legal transaction in pursuance of his/its independent professional or
commercial activity.
§ 2Conclusion of the contract
(1)The subject-matter of the contract is the selling of products .
(2)As
soon as you place the respective product on our website, we shall
submit to you a binding offer to conclude a contract via the online
shopping cart system under the conditions specified in the item
description.
(3)The purchase agreement takes place via the online shopping cart system as follows:
The products intended
for purchase are moved to the "shopping cart". You can select the
shopping cart using the appropriate buttons on the navigation bar and
make changes there at any time.
After accessing the "Checkout" page and entering your personal data as
well as the payment and shipping conditions, you are finally shown the
order data again as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay)
as your payment method, you will either be taken to the order overview
page in our online shop or forwarded to the website of the provider of
the instant payment system.
If you are forwarded to the relevant
instant payment system, choose and/or enter your data as appropriate.
Finally, on the website of the provider of the instant payment system
or, after you have been directed back to our online shop, the order data
will be displayed as an order overview.
Before submitting the order, you have the
option once more to review or change (you may also use the "Back" button
on your web browser) any information on the order summary page, or to
cancel the purchase. By sending the order via the corresponding
button ("order with obligation to pay", "buy" / "buy now", "order with
obligation to pay", "pay" / "pay now" or similar designation) you
declare the legally binding acceptance of the offer, whereby the
contract is concluded.
(4)The
execution of the order and the sending of all the details necessitated
by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the
e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular,
you have to ensure that the respective e-mails are not blocked by a
SPAM filter.
§ 3Special agreements related to the offered payment methods
(1)Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout",
the payment will be processed via the payment service provider PayPal
(Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449,
Luxembourg; "PayPal"). The individual payment methods via "PayPal" will
be displayed to you under a correspondingly designated button on our
Internet presence as well as in the online ordering process. "PayPal"
may use other payment services for payment processing; if special
payment conditions apply, you will be informed of these separately. You
can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4Right of retention, reservation of proprietary rights
(1)You
can only exercise a right of retention if the situation in question
involves claims arising from the same contractual relationship.
(2)The goods remain our property until the purchase price is paid in full.
§ 5Warranty
(1)The statutory warranty rights are applicable.
(2)As
a consumer, you are requested to promptly check the product for
completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping
company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
(3)If
a characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed to be agreed if you were informed of
the same by us before submitting the contractual declaration and the
deviation was expressly and separately agreed between the contracting
parties.
§ 6Choice of law, place of fulfilment, jurisdiction
(1)German
law shall apply. This choice of law only applies to customers if it
does not result in the revocation of the protection guaranteed by the
mandatory provisions of the law of the country in which the respective
customer’s usual place of residence is located (benefit-of-the-doubt
principle).
(2)If
you are not a consumer, but a businessman, a legal entity under public
law or an institutional fund governed by public law, our place of
business is the place of jurisdiction as well as the place of fulfilment
for all services that follow from the business relationships that exist
with us. The same condition applies to situations in which you are not
associated with a general place of jurisdiction in Germany or the EU, as
well as situations in which the place of residence or the usual place
of residence is not known at the time of commencement of proceedings.
This has no bearing on the capacity to call upon the court associated
with another place of jurisdiction.
(3)The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court
resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the
conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance to the regulations
"conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1Contract language shall be English.
3.2The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the
contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the order
data, the legally-mandated details related to distance selling contracts
and the standard business terms are re-sent to you via e-mail.
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1The
prices mentioned in the respective offers represent total prices, as do
the shipping costs. They include all the price components, including
all the incidental taxes.
6.2The
dispatch costs that are incurred are not included in the purchase
price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the course
of the order transaction and must additionally be borne by you, insofar
as free delivery is not confirmed.
6.3You
must also bear the costs arising from money transfers in cases in which
the delivery is made to an EU Member State, but the payment is
initiated outside of the European Union.
6.4The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.5Unless
otherwise specified for the respective payment methods, the payment
claims arising from the contract that has been concluded become payable
immediately.
7. Delivery conditions
7.1The
delivery conditions, delivery date and existing supply restrictions, if
applicable, can be found by clicking the appropriate button on our
website or in the respective quote.
7.2If
you are a consumer, the following is statutorily regulated: The risk of
the sold item accidentally being destroyed or degraded during shipping
only passes over to you when the item in question is delivered,
regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a
transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were
created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity.
Händlerbund Management AG guarantees the legal security of the texts and
assumes liability in case warnings are issued. More detailed
information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.