Terms and conditions

 

(1) These terms and conditions apply to all contracts, deliveries and other services of Pemicont, Osterbrooksweg 35-47/15, 22869 Schenefeld (hereinafter: "Seller") regarding the Pemicont online shop and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always take precedence.

(2) The business relations between the seller and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is Haan, provided that the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time the action is brought.

(5) We deliver to the following countries: Germany, France, UK, Spain and Italy.

 

(1) The seller offers the customers in the Pemicont online shop for purchase.

(2) When shopping in the online shop, a purchase contract is concluded by the seller accepting the customer's order. Price tags in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.

The customer also has the option of inquiring about a specific article from the seller by telephone or e-mail, fax or letter. After receiving such a request, the seller will send the customer a corresponding offer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.

(3) The contract text is stored.

 

(1) For orders via the online shop, the prices stated there apply. All prices include statutory sales tax.

(2) The prices are plus shipping and packaging costs, which will be announced to the customer before placing the order.

(3) The delivery of the customers by the seller takes place according to the customer's wishes against the following payment methods: advance payment (by bank transfer, via Paypal, credit card payment), cash on delivery, EC card / direct debit, .

If the customer chooses advance payment by bank transfer, the payment is due no later than 7 calendar days after the conclusion of the contract.

For delivery on account, payment is due no later than 7 calendar days after the invoice date.

If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery fees are due upon delivery and presentation of the cash on delivery note by the transport company commissioned.

(4) If a customer is in default with his payment obligations, the seller can demand compensation for damages in accordance with the statutory provisions and / or withdraw from the contract.

(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise sent in text form.

 

(1) Unless otherwise agreed in the contract, the ordered goods will be delivered to the address specified by the customer. The delivery takes place directly from the manufacturer.

(2) The availability of the individual goods is indicated in the article descriptions. The delivery time for existing articles is displayed to the customer with the article in the webshop. Please note that the article is only considered shipped when the payment has been received by us. If the goods are marked as not in stock in a sale via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller regarding the delivery period is non-binding, unless the delivery date has been bindingly guaranteed by the seller in exceptional cases.

(3) The seller reserves the right to make a partial delivery, provided that this appears advantageous for a quick processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs incurred due to partial deliveries will not be charged to the customer.

(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This reservation of self-supply only applies if the seller is not responsible for the failure to deliver. The seller is not responsible for the failure to perform, provided that a so-called congruent hedging transaction has been concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will inform the customer immediately about this circumstance and reimburse a purchase price already paid as well as shipping costs.

The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarding agent, the carrier or the person otherwise designated to carry out the dispatch upon delivery of the goods.

 

The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

 

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

(1) Insofar as defects are present, the customer is entitled to the statutory warranty rights in accordance with the following provisions.

(2) Damage caused by improper actions of the customer during installation, connection, operation or storage of the goods does not constitute a warranty claim against the seller.

The customer can find information on proper handling in the manufacturer's descriptions.

(3) Defects must be reported by the customer to the seller within a warranty period of two years for new goods or one year for used goods.

The above limitations of liability do not apply insofar as the seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer that are directed to compensation for a bodily injury or health damage due to a defect for which the seller is responsible or that are based on intentional or grossly negligent conduct of the seller or his vicarious agents.

The above reductions do not apply to defects in a building or a thing that has been used for a building in accordance with its usual use and has caused its defectiveness. The foregoing reductions shall also not apply insofar as the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the Goods, and shall not apply to claims for damages of the Customer which are directed to compensation for a physical injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent conduct of the Seller or his agents.

(4) If defects are present and have been asserted in good time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions apply.

 

If goods are delivered with obvious damage to the packaging or the contents, the customer should complain to the carrier / freight service immediately, without prejudice to his warranty rights (§ 7), and contact the seller immediately by e-mail or in any other way (fax / post) so that the seller can protect any rights against the carrier / freight service.

 

(1) Outside of the liability for material defects and defects of title, the seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts), but in each case only for the foreseeable, typical damage for the contract. The seller is not liable for the slightly negligent breach of obligations other than the above.

(2) The limitations of liability in the above paragraph do not apply to injury to life, limb and health, to a defect after the assumption of a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.

 

 

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us Pemicont, Osterbrooksweg 35-47/15, 22869 Schenefeld, service@pemicont.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not required.

You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website Pemicont.de. If you make use of this option, we will send you immediate confirmation (e.g. by e-mail) of receipt of such a withdrawal.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

If you withdraw from this contract, we will have to repay you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.