General Terms and Conditions of Professional360 GmbH
§ 1 CONCLUSION OF CONTRACT
The following provisions apply to all sales between Professional360 GmbH - referred to hereinafter as the provider - and our customers.
We deliver worldwide.
The inclusion of any different terms or conflicting or differing conditions or further restrictions on the part of the purchaser or buyer, in particular assignment prohibitions, is herewith expressly rejected, unless we explicitly agreed to such assignment in writing.
The supplier’s product presentations on the internet are not a binding offer for a conclusion of a purchasing agreement. The customer can submit a binding purchase offer (order) via our online shop system. Here, the items chosen by the customer are put into a shopping cart. By clicking on “Shopping Cart”, the costumer can call up the selected items at any time and make modifications. For a binding order, the customer clicks the “Checkout” button and enters his personal data. Concluding, the entire order data is shown on an overview page. Before the binding purchase, the customer has the possibility to check again and modify all data or to cancel the purchase. Only by clicking on “Buy now”, the customer submits a binding offer for the conclusion of a sales contract.
Afterwards, the customer receives an automated email confirming the receipt of order. This email does not yet lead to a conclusion of contract. The acceptance of this offer and, thus, the conclusion of contract between provider and customer is effected by a confirmation in written form, in which the customer receives the confirmation regarding the processing of the order or shipment of the goods or by delivery of the goods. If the customer doesn’t receive an order confirmation or message concerning the delivery or hasn’t received the purchase, the order is no longer binding. Any services rendered will be refunded in this case.
As the processing of the order and the communication of all the information relating to the conclusion of the contract is effected via email, the costumer must ensure that the provided email address is correct and the receipt of emails is technically ensured (e.g. spam filter).
Enquiries of the customer regarding the purchase of goods outside our online shop are not binding. The provider then submits a binding offer to the customer which the customer can accept within 5 days. If the provider doesn’t receive the acceptance confirmation of the customer within 5 days, the provider is no longer bound to the offer.
§ 2 PRICES
The prices and shipping costs of the prices shown in the respective orders are final prices. These contain all price components including all resulting taxes. The shipping costs are shown separately during the order process and are to be paid by the customer, provided that no free delivery is consented on, e.g. by minimum order quantity or special promotions.
§ 3 DELIVERIES
The prices shown in the respective offers as well as the shipping costs are final prices. They include all price components including all resulting taxes. The shipping costs are shown separately during the order process and are to be paid by the customer and are to be paid by the customer.
The customer also pays for returns.
The prices for the dispatch are shown under the category “shipping costs”:
The customer receives an invoice with stated sales tax.
For customers who are end-users it is regulated by law that the risk of accidental loss and the accidental deterioration of the goods sold during the shipping will not be transferred to the customer before the goods are handed over to him.
For companies or commercial customers, delivery and dispatch are effected at own risk.
The place of performance for all services shall be the place of the seller's registered office, if the customer is not consumer but If the client is a merchant, a corporate body under public law.
§ 4 DELIVERY TIMES
If no other period is stated in the article description, the delivery of the goods is effected within 2-3 days in Germany. In case of payment in advance, credit card or PayPal, the delivery time starts after receipt of payment. Please note, that no delivery is effected on Sunday and public holidays.
§ 5 PAYMENT METHODS
The following methods of payment are possible for deliveries within Germany:
- Payment in Advance
- Payment via PayPal with Credit Card or SEPA direct debit
§ 6 RIGHT OF RETENTION AND OFFSETTING
Rights of the customer to decrease the amount to be paid or to refuse to provide the payment are excluded, except in cases where the payment has been made without contest or with the force of law.
§ 7 RESERVATION OF OWNERSHIP
Delivered goods remain in our ownership until complete payment of purchase price and completion of any claim resulting from business connection.
If the customer is a company, reserves the right of ownership on the delivered articles until the receipt of whole payment from all contracts with the customer (reserved goods). The customer shall not have the right to pledge as security, assign as collateral, process or modify the goods under the retention of title clause.
The customer's claims from resell or any other legal argument shall already now be assigned to us for security of all our claims in full height. Until full payment of the receivables secured, it shall not be permissible to pledge the secured receivables to third parties or assign them as security. Notwithstanding the assignment, the Buyer is only entitled to collect the assigned claims on his own behalf and in his own name for as long as he duly performs his obligations toward us and, in particular, is not delayed in payment. Failing that, we have the right, at our option charged to the purchaser, to undertake the debt recovery in our own name. If the amount of the payment surmounts 35% in our favour, we are obliged to release the secured payments upon the request of the customer.
§ 8 WARRANTY, OBLIGATION TO INSPECT AND REGISTER COMPLAINTS
The legal warranty rights shall apply. If the customer is a consumer we request to check the goods for completeness, obvious defects and transport damage upon delivery and to inform us about any reclamation. If the Client fails to do that, this has no effect on his warranty rights.
You can find information on the existence and conditions of customer support, customer services and warranties directly in our shop on the item page.
If the customer is a business, differing from section 1, the following regulations shall apply:
In contrast to a consumer, the customer is obliged to the goods for completeness, obvious defects and transport damage upon delivery and to inform us about evident defects within 7 days upon receipt of the goods in written form. A timely mailing is sufficient for adhering to the deadline. The same notification period shall apply to latent defects or defects occurring at a later point in time, calculated from such defects' discovery. The assertion of warranty claims is excluded upon violation of the examination and complaint obligation.
Only the Seller's own information and the product description by the manufacturer but not other advertising, public promotions or statements by the manufacturer are deemed as agreed with respect to the characteristics of the goods.
In the event of faulty goods, the supplier is entitled to either send an additional delivery or to rectify the defect. Should the correction of deficiencies fail twice, the buyer may claim a reduction of the purchase price or withdraw from the contract at his discretion. In the event of a rectification, the Seller is not obligated to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
The warranty period is two years from delivery of the goods. The shortened warranty period does not apply to damages culpably attributable to the seller arising from any injury to life, body or health, or damages caused intentionally or with gross negligence, or malice of the Seller, or rights of recourse in accordance with §§ 478, 479 of the German Civil Code (BGB).
§ 9 LIABILITY
If the customer is a consumer, the supplier shall be liable according to the legal regulations.
If the customer is a businessman, the seller shall be liable without limitation in the event of damage resulting from injury to life, the body or health. In case of slight negligence which does not affect life, body or health, the liability shall be limited to foreseeable damage that is typical for the contract. Essential contractual obligations are only those which arise from the nature of the contract, in which the customer may normally trust and without which the contract purpose could not be reached. Upon any liability of any immaterial contractual obligation, liability for violations of obligations based on ordinary negligence is barred.
§ 10 INFORMATION ON RIGHT TO REVOKE PURCHASE
The consumer has the right to revoke the purchase. However, it is necessary to do this in written form. Please find a sample form here:
Franzoesische Strasse 9
Fax +49 (0)30 220 128 991
info [at] panono [dot] com
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/provision of the following service (Item name, order no. and price if applicable.):
Order date: (Date):
Goods received on (date):
Name and address of consumer:
Signature of customer (only in case of a written revocation):
You don’t have to state the reason for revocation. However, we would be very glad if you could let us know the reason for our quality management.
You have the right to revoke this contract within 14 days without giving reasons. The withdrawal period starts when this information is received in writing
In order to exercise your right of revocation, you have to inform us about your decision to revoke this contract by a clear explanation (e.g. a letter sent py post, fax or email). You can but you don’t have to use the above mentioned sample form. The timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.
In case of an effective revocation the mutually received benefits (e.g. benefits of use) are to be returned. Compensation may be demanded in the case of deterioration of the goods. This shall not apply if the damage to the products is attributable exclusively to testing or verifying, for example as it would have been possible for you in a store. You can avoid the obligation to replacement of value for a deterioration originating by proper use of the commodity by not putting the commodity into use as if it were your property and by refraining from everything which reduces and impairs its value. You shall bear the regular costs of the return shipment. In the event of the processing of the revocation, the refund is effected step by step against return of the goods within 14 days. The deadline for you begins with sending your return request or the merchandise, for us with the receipt thereof.
The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines, unless you have submitted your contractual declaration by telephone.
§ 11 CONCLUDING PROVISIONS
Provided the User is an enterprise, a legal entity or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany, or changes his general place of jurisdiction or place of residence to a place outside of the Federal Republic of Germany, or his place of residence is not known by the time the complaint is filed, Berlin, Germany shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.
§ 12 CONTACT DATA
Franzoesische Strasse 9
Telefon +49 (0)30 220 128 990
Fax +49 (0)30 220 128 991
Email: info [at] panono [dot] com