Terms and Conditions
The terms and conditions of:apply PCP Trading GmbH
Fax: +49 (0) 421 - 33 80 96 69
Sales tax identification number: DE 249952577
WEEE-Reg.-Nr .: DE 10433052
Register of Companies Register: Amtsgericht Bremen
Commercial register number: HRB 23471HB p>
Terms and Conditions with Customer InformationDiv>
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to the customer's specifications
- Redemption of promotional vouchers
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of PCP Trading GmbH (hereinafter referred to as "Seller") apply to all contracts for the supply of goods belonging to a consumer or an entrepreneur (hereinafter "Customer ") With the seller with regard to the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. P>
1.2 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity. P>
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop are not binding offers made by the seller, but serve to make a binding offer by the customer. p>
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer, by clicking on the button that concludes the ordering process, submits a legally binding contract offer in relation to the goods contained in the shopping cart. P>
2.3 The seller can accept the customer's offer within five days, p>
- by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer to pay after submitting his order.
If there are more than one of the alternatives mentioned above, the contract will be concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. P>
2.4 When submitting an offer via the seller's online order form, the contract text will be stored by the seller and sent to the customer in writing (eg e-mail , Fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller's website. P>
2.5 Before placing an order on the seller's online order form, the customer may detect possible typing errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the order process. P>
2.6 For the conclusion of the contract the German and the English language are available. p>
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
2.8 When ordering tobacco products, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or one of his authorized full-year-olds may accept the goods.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless the seller's product description indicates otherwise, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.3 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have a PIN / TAN online banking account enabled to participate in "IMMEDIATELY", legitimize himself during the payment process and have the payment order vis-à-vis "IMMEDIATE". to confirm. The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be debited. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Selbstabholung ist aus logistischen Gründen nicht möglich.
6) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (Warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to the customer's specifications
8.1 If, in accordance with the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods in accordance with the customer's specifications, the customer has to provide the operator with all the necessary contents for the processing, such as texts, images or graphics in the file formats, formatting, image format specified by the operator. and file sizes and to grant him the necessary rights of use. The customer alone is responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.
8.2 The customer indemnifies the seller from claims of third parties that they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
9) Redemption of action vouchers
9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
9.2 Action vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher.
9.4Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.5 When ordering, several action vouchers can be redeemed.
9.6 The value of the goods must at least equal the amount of the action voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.8 The balance of an action voucher is neither paid in cash nor interest.
9.9 The action voucher will not be refunded if the customer returns all or part of the goods paid for with the action voucher as part of his statutory right of withdrawal.
9.10 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner.
10) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.