Terms and Conditions
§ 1 SCOPE & DEFINITIONS
These General Terms and Conditions (GTC) apply to all contracts concluded via the website www.pvm.de between PVM Vetterolf GmbH, Rotterdamer Str. 24, 68219 Mannheim, registered in the Commercial Register of the Mannheim District Court under HRB 2827, represented by Jens Böge (hereinafter referred to as "Provider") and the customers (hereinafter referred to as "Customers").
§ 2 CONCLUSION OF CONTRACT
(1) The advertisement and presentation of products in our web shop do not constitute a binding offer for the conclusion of a purchase contract.
(2) The customer can select products from the provider's range and add them to a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Place Order with Obligation to Pay" button, the customer submits a binding order for the purchase of the products in the shopping cart. Before submitting the order, the customer can change and view the data and selection of products at any time. The customer is bound by the order for a period of two (2) weeks after placing the order; any existing right of withdrawal of the customer remains unaffected.
(3) The provider will promptly send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. 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 offer. The contract is only concluded when the provider issues an acceptance statement, which will be sent to the customer in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the products, the contract text (consisting of the order, GTC, and order confirmation) will be sent to the customer on a durable medium (email or paper print) (contract confirmation). The contract text will be stored while maintaining data protection.
(4) The contract is concluded in German.
§ 3 DELIVERY & PRODUCT AVAILABILITY
(1) Delivery times provided by us are calculated from the moment of our order confirmation. If no delivery time is specified or if a different delivery time is indicated for the respective products in our web shop, the delivery time is generally six (6) weeks.
(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. In this case, the provider will refrain from accepting the order. Any services already received from the customer will be refunded immediately.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address within the same country.
(4) The provider is entitled to make partial deliveries, provided this is reasonable for the customer.
§ 4 PRICES & SHIPPING COSTS
(1) All prices listed on the provider’s website include the applicable statutory value-added tax (VAT) and any applicable shipping costs. If the customer’s residence or place of business is abroad, or if there are reasonable grounds for a payment default risk, we reserve the right to deliver only after receiving the purchase price plus shipping costs (advance payment requirement). If we exercise the right to request advance payment, we will promptly notify the customer. In such cases, the delivery period begins upon receipt of the payment for the purchase price and shipping costs.
(2) The applicable shipping costs will be specified to the customer in the order form and must be borne by the customer. The price, including VAT and applicable shipping costs, will also be displayed in the order summary before the customer submits the order.
(3) The goods will be shipped by postal service. The provider assumes the shipping risk if the customer is a consumer. If the provider fulfills the order through partial deliveries (§ 4(4)), the customer will only be charged for shipping costs on the first partial delivery. If the customer requests the partial deliveries, we will charge shipping costs for each partial delivery.
(4) In the event of a withdrawal in accordance with § 9, the customer is responsible for bearing the direct costs of returning the goods.
§ 5 PAYMENT TERMS
(1) The customer can make payments via direct debit, credit card, or PayPal.
(2) The customer can change the payment method stored in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer will be in default by missing the deadline.
(4) The customer’s obligation to pay default interest does not preclude the provider from claiming further damages caused by the delay.
§ 6 OFFSETTING, RIGHT OF RETENTION & RETENTION OF TITLE
(1) The customer is not entitled to offset our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims if they are asserting defects or counterclaims arising from the same purchase contract.
(2) The customer may only exercise a right of retention as a buyer if their counterclaim arises from the same purchase contract.
(3) The delivered products remain the property of the provider until full payment has been made.
§ 7 WARRANTY FOR DEFECTS & GUARANTEE
(1) The provider is liable for material defects in accordance with the applicable legal provisions, particularly §§ 434 ff. of the German Civil Code (BGB). The statutory limitation period for defect claims is two years and begins with the delivery of the products. For business customers, the warranty period for products delivered by the provider is 12 months.
(2) An additional guarantee for the goods supplied by the provider only exists if it has been expressly agreed upon in the order confirmation for the respective product.
§ 8 LIABILITY
(1) Except as otherwise specified below, claims for damages by the customer are excluded.
(2) The provider is liable for claims for damages resulting from injury to life, body, or health, or from the violation of essential contractual obligations (cardinal obligations), as well as for other damages arising from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or its agents. Essential contractual obligations are those necessary for achieving the purpose of the contract.
(3) In the event of a breach of essential contractual obligations, the provider is only liable for damages that are typical and foreseeable under the contract if caused by simple negligence, except for claims related to injury to life, body, or health.
(4) The limitations in the preceding paragraphs also apply to the legal representatives and agents of the provider if claims are made directly against them.
(5) The liability limitations set forth above do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the provider and the customer have made an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.
§ 9 RIGHT OF WITHDRAWAL & WITHDRAWAL INSTRUCTIONS
(1) Consumer Rights
If you are a consumer (i.e., a natural person who places the order for purposes that are outside of their commercial or self-employed professional activity), you have the right to withdraw from the contract in accordance with the statutory provisions.
(2) Return Costs
If you, as a consumer, exercise your right of withdrawal as outlined in paragraph 1, you are responsible for the regular costs of returning the goods.
(3) Exercise of Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without providing any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party appointed by you, who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us [insert business name, address, and, if available, telephone number, fax number, and email address] of your decision to withdraw from the contract by a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form, but it is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website (insert website address). If you use this option, we will promptly (e.g., via email) confirm receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient that you send the notice of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal:
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), promptly and no later than fourteen (14) days from the day we receive the notice of your withdrawal from this contract. We will use the same means of payment for the refund as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any event no later than fourteen (14) days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen (14) days has expired.
You bear the direct costs of returning the goods.
You are responsible for any diminished value of the products if this loss in value is due to handling of the goods that is not necessary to establish their nature, characteristics, and functioning.
(4) Liability for Diminished Value
Please note that, as outlined in the withdrawal instructions, you are liable for any diminished value of the products if this diminished value is due to handling of the goods that is not necessary to ascertain their nature, characteristics, and functioning.
(5) Exclusions from the Right of Withdrawal
The right of withdrawal does not apply, where legally provided, such as for contracts for the delivery of products that are not prefabricated and for which an individual choice or specification by the consumer is crucial, or which are clearly tailored to the personal needs of the consumer, or which, due to their nature, are not suitable for return.
§ 10 COPYRIGHT
(1) Copyright Ownership
The provider holds the copyright for all images, films, and texts published on our online shop.
(2) Prohibition of Unauthorized Use
The use of images, films, and texts without our explicit consent is not permitted. Any unauthorized use will be subject to legal action
§ 11 FINAL PROVISIONS
(1) Governing Law
Contracts between the provider and the customers are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory regulations, particularly those of the state where the customer has their habitual residence as a consumer, remain unaffected.
(2) Jurisdiction
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 provider’s place of business.