General terms and conditions of business
General terms and conditions of business
for purchase or rental agreements concluded between
PAULI & CO® Manufaktur GmbH , Stuhtsweg 19, 22159 Hamburg, registered in the commercial register of the Hamburg District Court under HRB 163684, represented by the management, VAT identification number: DE 332324103,
– hereinafter referred to as “Provider” or “we” –
and
the customer referred to in section 1.2
– hereinafter referred to as “Customer” or “You” –
be closed.
Section I. General provisions and information
- Scope, definitions
1.1 The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Differing general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing (Section 126 of the German Civil Code).
1.2 The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
1.3 If you purchase goods from us, i.e. enter into purchase agreements with us, these General Terms and Conditions contain special provisions in sections 3 to 7. If you rent goods from us, these General Terms and Conditions contain special provisions in sections 8 to 12.
1.4 Provisions regarding limitations of liability can be found in Section 13.
1.5 Information on your right of cancellation as well as the cancellation policy for both purchase and rental contracts can be found in section 14.
- conclusion of the contract
2.1 The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the "add to cart" button. By clicking on the "order with payment" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "accept terms and conditions" button and has thereby included them in his request.
2.2 The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
2.3 The contract is concluded in German.
Section II. Special provisions for sales contracts
- delivery, availability of goods
3.1 Delivery times specified by the provider are calculated from the time of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is specified for the respective goods in the provider's online shop, it is 14 days.
3.2 If no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.
3.3 If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
- retention of title
The delivered goods remain the property of the provider until full payment has been made.
- prices and shipping costs
5.1 All prices stated on the provider’s website include the applicable statutory value added tax.
5.2 The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.
5.3 The goods are shipped by post or other shipping service providers, such as GLS, DPD or UPS. The shipping time is usually one to two days. The shipping risk is borne by the provider if the customer is a consumer.
- payment terms
6.1 The customer can choose the following payment methods: …
6.2 The customer can change the payment method stored in his user account at any time.
6.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest for the year in the amount of 5 percentage points above the base interest rate.
6.4 The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.
- warranty for material defects, guarantee
7.1 The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Warranty rights for used items purchased by consumers as well as warranty rights of entrepreneurs are subject to a limitation period of 12 months. Excluded from this are claims for damages by the customer arising from injury to life, body or health if the provider is responsible for the breach of duty, and liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representative or its vicarious agent.
7.2 An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
Section III. Special provisions for rental agreements
- start and end of the tenancy; address notification
8.1 Unless otherwise agreed, the rental agreement between the provider and the customer is for an indefinite period.
8.2 The rental agreement begins on the day of delivery of the rental item to the customer or, in the event that the customer was unable to receive the rental item on the delivery date, on the day of delivery to a “parcel shop” or post office.
8.3 The rental agreement can be terminated by either party at the end of each full contract month without observing a period of notice in writing (Section 127 Paragraph 2 of the German Civil Code). In addition, the return of the rental item is also considered a formal termination by the customer, unless the circumstances indicate otherwise on the part of the customer; in this case, the time of termination is when the item is sent for shipping or, if this time cannot be determined, the date two working days before the rental item is received by the provider.
8.4 The possibility to terminate the rental agreement extraordinarily for good cause in accordance with the statutory provisions remains unaffected.
8.5 The Customer must keep the Provider informed of his current address and email address.
- payment of rent
The rent is due monthly in advance. Payment is made by direct debit via a payment service provider of the provider (Paypal or similar). At the time of collection, the customer must ensure that his account there is sufficient funds and that the payment method deposited there is sufficient.
- Treatment of the rental property; obligation to inform in case of defects
10.1 The customer is obliged to treat the rental property carefully and with care and to protect it from damage.
10.2 The customer is hereby once again informed of the necessary protective and security measures, which will be explained when the rental property is handed over or which are indicated on the rental property.
10.3 If a defect in the rental property occurs during the rental period, the tenant is obliged to inform the provider immediately (§ 536c BGB).
- Use of baby and child care items in smoke-free rooms
If the rental item is an item for baby and child care, it may only be used in rooms where smoking is not permitted. Deterioration of the rental item caused by smoke entitles the provider to compensation.
- return of the rental property
12.1 Unless termination has already taken place in accordance with the above provisions by returning the rental item, the latter must be returned in good time so that it is received by the provider no later than two working days after the end of the rental agreement. The customer shall bear the costs of the return shipment.
12.2 In the event of late return, the customer is obliged to pay compensation for use in accordance with the statutory provisions. Section 545 of the German Civil Code (tacit extension of the rental agreement) does not apply.
Section IV. Further provisions
- limitations of liability
13.1 Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
13.2 In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
13.3 The restrictions in clauses 13.1 and 13.2 also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
13.4 The liability limitations arising from clauses 13.1 and 13.2 do not apply if the provider has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
- cancellation instructions
14.1 Consumers have a statutory right of cancellation when concluding a distance selling contract, of which the provider informs them below in accordance with the statutory model. If you have bought an item, the cancellation policy in section 14.2 applies; if you have rented an item, the cancellation policy in section 14.3 applies. The exceptions to the right of cancellation are regulated in section 14.4. A sample cancellation form can be found in section 14.5.
14.2 Cancellation policy for purchase contracts
CANCELLATION POLICY
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (PAULI & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, Tel. 040 41920403, email: info@pauliundco.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
The buyer bears the costs of return.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
14.3 Cancellation policy for rental agreements
CANCELLATION POLICY
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (PAULI & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, Tel. 040 41920403, email: info@pauliundco.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
The buyer bears the costs of return.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
14.4 The right of withdrawal does not apply to contracts for the delivery of goods that are liable to spoil quickly or whose expiry date would be quickly exceeded, nor to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
14.5 The provider informs about the model cancellation form in accordance with the statutory regulation as follows:
sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Pauli & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, info@pauliundco.de:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- address of the consumer(s)
- Signature of the consumer(s) (only if notification is on paper)
- Date
(*) Delete as appropriate
- final provisions
15.1 Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and German conflict of laws. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.
15.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
15.3 The customer is not permitted to offset counterclaims unless the counterclaims have been legally established or are undisputed. The customer is also entitled to offset against the provider's claims if the customer asserts complaints about defects or counterclaims from the same purchase contract. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
15.4 The customer can declare offsetting claims mentioned under section 16.3, provided that these claims have expired, even if the customer's claim had not yet expired at the time at which the customer was first able to offset against the provider's claim (see Section 215 of the German Civil Code). This also applies to the assertion of a right of retention.
15.5 We are legally obliged to refer you to the European Online Dispute Resolution Platform (ODR platform) of the European Commission, which you can access at http://ec.europa.eu/odr . We, PAULI & CO® Manufaktur GmbH, do not participate in this dispute resolution procedure and we are not obliged to do so.
15.6 The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points will be replaced by the statutory provisions, if applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.
