General terms and conditions with customer information
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General terms and conditions with customer information
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Table of contents
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of title
7. liability for defects (warranty)
8. applicable law
9. place of jurisdiction
10. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Plastocell Kunststoff GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or telephone.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall 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 (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the seller's online store.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or payment by installments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 Goods delivered by a forwarding agent shall be delivered "free kerbside", i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.6 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
10) Alternative dispute resolution
10.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
