AGB

AGB´s

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An 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.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if
if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with Pamina-aktiv UG

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We will accept your offer within three days by sending a declaration of acceptance in a separate email or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see "Payment"). The alternative that is relevant to you depends on which of the events listed occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German
We save the contract text and send you the order data in text form.
For security reasons, the contract text is not accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs apply.

Further details regarding possible shipping costs can be found in the offers.


We do not deliver to packing stations.

Shipping will take place within one week after ordering –

unless the item is out of stock or the matching item could not be shipped due to damage.


For returns please send an email with order number to returns@quaeldichdusau.de send.

We will then send you a return slip by email.

5. Payment

In our shop you can generally use the following payment methods:

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.

PayPal
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

The invoice
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to only offer purchase on account after a successful credit check.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.


For returns please send an email with order number to returns@quaeldichdusau.de send.

We will then send you a return slip by email.

7. Retention of title

The goods remain our property until full payment.

The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

9. Warranty and guarantees

9.1. Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is open.

Restrictions on entrepreneurs
For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The previous sentence shall not apply to an item which has been used for a building in accordance with its usual purpose and has caused the building to be defective.

The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.

Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2. Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

Customer service:
You can reach our customer service for questions, complaints and objections from Monday to Friday from 10:00 a.m. to 6:00 p.m. by calling 49 (0) 6391 4090180 or by email at info@pamina-aktiv.de

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
· in case of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
· in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

11. Code of Conduct

We have subjected ourselves to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

12. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Data protection

We save and process your data to the extent necessary for business purposes and permitted by data protection law. Address data is also used for advertising purposes, although you can object to this use at any time. Simply send us an informal message. For the purpose of credit and credit checks, we exchange data with affiliated companies and credit agencies. For further information, please refer to our privacy policy, which you can access in the footer of our website under "Data protection & security".

14. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
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