general terms and conditions
"Peters-Pralinen.de" - Stand 04.09.2017
1. GENERAL
1.1. The following terms and conditions of Peters GmbH (hereinafter referred to as seller) apply to all sales, deliveries and services of the seller, which the customer buys from the seller via www.peters-pralinen.de The inclusion of own conditions of the customer is hereby contradicted.
1.2. Customers as defined in Section 1.1. are both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for a purpose that can not be attributed to their commercial or independent professional activity.
2. OFFER AND CONCLUSION OF CONTRACT
2.1. The seller's online presentation does not constitute a binding contract offer. By sending an order to the seller, the customer gives him a binding order.
2.2. The customer can submit the purchase offer in writing via the online ordering process integrated in the online shop. When purchasing via the online order form, the customer makes a binding order of the goods contained in the shopping cart by clicking the button "Buy Now".
2.3. The seller will immediately confirm the receipt of his order to the customer by e-mail. If online information on the product range has been incorrect, the seller will make a counter-offer to the customer, about the customer can freely decide. The acceptance of the offer of the customer is made by an order confirmation sent by e-mail or by delivery of the goods within 3 days after receipt of payment.
2.4. The conclusion of the contract is subject to the correct and timely self-supply by the supplier of the seller. This reservation applies only in the event that the seller is responsible for any wrong or non-delivery.
3. PRODUCTFEATURES
For individually printed sleeves, we strive for a color image that is as close as possible to the data provided. Deviations in the color representation on the produced sleeve of originals, files, images and other original data are technically possible and do not justify a defect. Please note that the colors on produced sleeves can of course differ from those on screens and other printed product.
4. RETURN COSTS ON REVOCATION
You bear the direct costs of returning the goods.
5. PRICES
The prices of the seller correspond to those of the shop offer. They are final prices. They include all price components including German statutory sales tax. Any additional delivery and shipping costs will be stated separately.
6. TERMS OF PAYMENT
The purchase price is due net and without deduction at the time of the conclusion of the contract. Payment can be made by prepayment, Sofortüberweisung or PayPal, as well as via Amazon Payments. The customer is only entitled to settlement if his counterclaim is undisputed, legally established or recognized by the seller. He can only exercise a right of retention if it is a claim from the same contractual relationship.
7. TERMS OF DELIVERY
7.1. The delivery of the goods takes place via the dispatch to the delivery address specified by the customer. We currently ship to the following countries: Germany, Austria, United Kingdom, Denmark, Czech Republic, Belgium, Netherlands, Luxembourg, France, Finland and Sweden.
7.2. The risk of accidental loss and accidental deterioration of the goods, passes with delivery to the customer or to a person entitled to receive. If the customer is an entrepreneur, the risk passes to a suitable transport person with the delivery of the goods at the place of business of the seller.
7.3. If the customer is an entrepreneur, all agreed delivery periods shall apply subject to correct and timely self-delivery in cases in which the seller has concluded a specific cover transaction and is not responsible for the lack of availability.
7.4. Delivery will be made to the shipping address given in the order process. The customer is obliged to provide these completely and correctly. In the case of false, incomplete, unclear information or refusal of acceptance by the customer or recipient, the purchaser is liable for all additional costs and damages incurred.
8. RETENTION OF TITLE
The delivered goods remain the property of the seller until all claims he has against the customer from the business relationship are balanced.
9. EXCHANGE/ COMPLAINT
Complaints, such as damages, shortages or breakage, will only be considered if the customer informs us within three days of receipt of the shipment. This can be done by e-mail to onlineshop@peters-pralinen.de. Later, the shipment is considered complaint free.
10. LIABILITY
10.1. The seller shall be liable for any legal reason whatsoever in the event of injury to life, body or health, intent or gross negligence, malice and promise of warranty, as well as liability under mandatory statutory provisions, such as the Product Liability Act.
10.2. Incidentally, the legal warranty rights exist for all goods from our shop.
11. APPLICABLE LAW/ OTHER
11.1. The contractual relationships underlying these general terms and conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2. The seller reserves the right to change the terms and conditions at any time. The customer is therefore obliged, on the basis of the date of the general terms and conditions, to check regularly before purchasing whether the general terms and conditions have changed.
11.3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
11.4. Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions of these terms and conditions. This applies if the customer is not a private end user.
12. LITIGATION
The European Commission provides an online dispute resolution (OS) platform that you can find here http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.