Terms of contract for the online goods distribution agreement
Plastic World Solutions GmbH, Martin-Richter-Straße 8, 90489 Nuremberg
§ 1 Scope
The following business relationships apply to all contracts that conclude with consumers and commercial customers through our online shop, amazon.de and ebay.de. Other terms and conditions have no validity against us and will not be recognized.
Consumers is the natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activities. As far as general terms and conditions apply only or in addition to entrepreneurs, this is indicated below.
§ 2 Conclusion of contract
The product offers presented in our online shop are non-binding and no offers in the legal sense. By clicking on the button "Add to cart", the customer can put the goods in the virtual shopping basket This process is not binding and does not represent a contract offer. When placing an order, the content of the order including the customer data is summarized on an overview page. The customer can correct all order data about the intended change fields. By clicking on the button "order payment", the customer gives the binding offer against us to conclude a purchase contract. After the order, the customer receives from us an automatically generated e-mail, which confirms the receipt of the order with us and reproduces their details (access confirmation). This acknowledgment of receipt is not a contract acceptance. A contract is only concluded by sending an order confirmation or by delivery of the goods within four days. The customer can store these terms and conditions at any time by pressing the "Save" or "Print" buttons at the foot of this page and print out. The contract text remains stored according to the conclusion of the contract and is accessible to the customer. Likewise, the customer can store the contents of his order immediately after submitting his order and / or print out later at any time via the function "My Account". Furthermore, the customer will provide the contract provisions including these general relationships after submission of his order at the latest with delivery of the goods in text form.
The customer assures that all of him in the order or registration in the online shop / z. B. Name, address, e-mail address, bank account, etc.) are always up to date. Changes are to be communicated to us without delay.
The contract language is exclusively German, unless otherwise agreed otherwise. We deliver our goods only to customers within the Federal Republic of Germany, unless otherwise agreed.
§ 3 prices and shipping costs
The prices stated on our websites are total prices and contain the statutory sales tax of currently 19%. Shipping is at the expense of the customer, unless otherwise specified in the online shop. An overview of the shipping options and this saved shipping costs are under the link "Shipping costs". The shipping costs are displayed to the customer before submitting the order on the overview page and must be confirmed. A confirmation is not applicable to commercially active customers who have to bear shipping costs without confirmation.
§ 4 payment
Payment is carried out in principle after the choice of the customer in advance, cash on delivery or direct debit. We retain and, however, to carry out the delivery only against cash on delivery (immediate payment upon delivery) or to demand advance payment for first customers. If we are announced after conclusion of the contract that the payment of the purchase price is at risk within the meaning of lack of performance of the customer, we are always entitled to demand in advance or if we have unsuccessfully set a deadline for payment of the purchase price, withdraw from the contract. However, the customer is the right to avert these consequences by security performance.
During a payment history of the customer, we are entitled to demand default interest of 5% percentage points above the base rate (247 BGB).
For commercial customers, the default interest rate is 9% percentage points above the base rate.
We reserve the right to proof of a higher damage.
In case of late payment or otherwise revealed credit balance, all other claims against the customer are due immediately. Offrituation rights are only entitled to the customer with undisputed or legally established claims. Rights of retention If the customer is authorized only insofar as his counterclaim is based on the same contractual relationship.
§ 5 delivery
We are in reasonable scope to partial deliveries entitled. In the case of a non-availability of the ordered goods to be provided by us, in a row of the non-timely or not correct delivery (including the delivery of minimum quantities by our subcontractor despite one of us with the suppliers with the suppliers of the order for the ordered goods, we reserve the right to In this case, we commit ourselves to inform you immediately about the unavailability of the ordered goods and already to be released immediately from them (payments) immediately to be refunded back by reimbursement or collateral.
All deliveries are made within the delivery period specified for the respective product.
§ 6 Right of withdrawal and cancellation policy
a) Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which she or a third party named third, who is not the carrier, has taken possession.
In order to exercise your right of withdrawal, you must, thus the company Plastic World Solutions GmbH, Martin-Richter-Straße 8, 90489 Nuremberg, email@example.com, Phone Number + 49 911 2539 9554) by means of a unique explanation (eg with The Post V letter, telephone or e-mail) about your decision to revoke this contract. You can use the attached pattern creaking form, which is not prescribed.
To maintain the cancellation period, it is sufficient that you will send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.
b) Consequences of the revocation
If you revoke this contract, we have all the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from it, if you choose a different kind of delivery than the cheapest standard delivery we offered by us have) to repay immediately within fourteen days from the day at the latest, to which the notification of their revocation of this contract has been received by us.
For direct payment, we use the same payment methods, which they have used in the original transaction, unless we have expressly agreed otherwise with them; In no case only because of this repayment will be charged. We can refuse direct payment until we have retained the goods or until they have provided proof that they have returned the goods, depending on which the earlier date will be.
You have the goods immediately in each case within fourteen days from the day to which you teach us about the revocation of this contract to return or hand over to us. The deadline is maintained if you send the goods before the deadline of fourteen days. They carry the immediate costs of the return of the goods. You only have to pay for any loss of value loss of the goods if this value loss is due to a handling not necessary to check the quality, characteristics and operation of the goods.
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for their production an individual selection or determination by the consumer is decisive or tailored to the personal needs of the consumer. The right of withdrawal does not exist for contracts for the delivery of goods that can quickly spoil or whose expiration date has been exceeded quickly, as well as contracts for the delivery of goods that are not suitable for reasons of health or hygiene when their sealing after delivery was removed.
§ 7 Retention of title
The delivered goods remain our property until their full payment. Access by third parties to the reserved goods has informed us the customer immediately after notification. The customer is liable at all costs incurred for the cancellation of such accesses, in particular by collecting a third-party decision, insofar as the reimbursement of costs is not from the third party concerned.
§ 8 deficiencies
In the case of material defects of the purchased item, the statutory provisions apply basically. This means that the customer primarily supplementary performance, d. H. New delivery or defect cancellation. In the presence of the other legal requirements, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages because of a defect of the goods, the prerequisites specified in § 9 are applicable to the legal requirements.
In consumers, all claims for defects in two years expire from handover. For commercial customers, the statute of limitations is one year from handover. Commercial customers need the goods directly at
Check out the transfer of goods (goods receipt) to assert their deficiencies. In this respect, the provisions of commercial law apply, in particular § 377 HGB.
§ 9 Claims for damages
We adhere, if we fall for intent or gross negligence too. In the case of simple negligence, we are liable only in case of breach of a duty whose fulfillment enables the proper implementation of the Treaty at all and on their compliance with the contracting parties regularly trust in the context of cardinal obligation. Incidentally, a compensation for damages for damages of all kinds is excluded due to which claim base, including liability for fault when concluding the contract, as far as legally permissible.
If we are liable for simple negligence, our liability is limited to the damage, with the creation of which we usually had to calculate after the circumstances known when concluding the conclusion of the contract. For commercial customers, liability for simple negligence is excluded, alternatively limited to the amount of the double value.
The above liability exclusions and restrictions are not applicable if we have adopted a guarantee for the nature of the goods, nor for damages that are to be replaced under the Product Liability Act still for legal requirements for damages, body or health. The above liability exclusions and limits also apply in favor of our employees, vicarious agents and other third parties, whose we strive for the fulfillment of the contract.
§ 10 Privacy
We collect and process the data of the customer necessary for the transaction. When processing the customer's personal data, we observe the statutory provisions in accordance with the privacy information available in our online offer.
§ 11 Applicable law
For the business relationships and the entire legal relationship between us and our contractual partners, as long as these consumers are, the law of the Federal Republic of Germany applies. In the case of commercial customers, the UN sales law (CISG) applies. Insofar as compelling statutory consumer protection legislation in the country of residence of the customer for this advantageous, regulations, these regulations apply regardless of the election of German law.
Jurisdiction is Nuremberg, as far as legally permissible.
§ 12 Final provisions and dispute resolution
This contract contains all agreements between the parties about the subject matter of the contract. Verbal collateral agreements do not exist. If individual provisions of this contract will be or ineffective or ineffective, or will not affect the effectiveness of the remaining provisions. In the place of non-involved or ineffective provisions of this Treaty, the law (§ 306 para. 2 BGB) occurs. If such legislation is not available in the case in the respective case with a regulatory gap or an unclear result, the parties will enter into a negotiation in order to make an effective regulation instead of the non-invalid or ineffective provision that approaches the wanted economically as possible. We are not obliged to participate in a dispute resolution procedure for a consumer coating body and is not ready, unless otherwise agreed.
§ 13 Provider identification and chargeable address
Our address for complaints and other declarations of intent as well as our charitable address is, Plastic World Solutions GmbH, Martin-Richter-Straße 8, 90489 Nuremberg.