General terms and conditions of trade
1. Field of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneuer is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Trade partner, contract formation
The purchase contract is concluded with Procatec GmbH.
The presentation of the products in the online shop is not a legally binding offer, but a non – binding online catalog. You can put our products initially without obligation in the cart and correct your input before submitting your binding order at any time, by providing this in the order process and use explained proofing tools. By clicking on the order button you place a binding order of the goods contained in the shopping cart. Confirmation of receipt of your order will be made by e-mail immediately after sending the order.
When the contract is concluded with us depends on the payment method chosen by you.
We accept your order by sending a declaration of acceptance in seperate e-mail within two days, in which we give you our bank details.
By submitting the order, you also transmit your credit card data to us at the same time. Once you have become a legitimate cardholder, we will ask your credit card company to initiate the payment transaction and accept your offer.
In the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
After placing the order you will be redirected to the website of the online provider SOFORT Banking, where you confirm the payment order to SOFORT Banking. Thereby the contract will be achieve with us.
3. Contract language, contract text storage
The available language for the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download this here on this page. Your past orders can be viewed in our customer login.
4. Delivery terms
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
In our shop you can always use the following payment methods:
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
By submitting the order, you also transmit your credit card data to us at the same time. Following your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card. There are plus 0 percent of the purchase price as a cost.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter. There are plus 0 percent of the purchase price as a cost.
After placing the order you will be redirected to the website of the online provider SOFORT banking. In order to be able to pay the invoice amount via SOFORT banking, you must have an online banking account with PIN / TAN procedure activated for participation in SOFORT banking, have your authorization and confirm tha payment order to us. You will get more information during the ordering process. The payment transaction will be carried out immediately after that by SOFORT banking and your account will be debited . There are plus 0 percent of the purchase price as a cost.
6. Reservation of ownership
The goods remain our property until full payment.
For entrepreneurs applies in addition:
We reserve the ownershipof the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount and we accept this assignment. You remain entitled to collect the claims, but we we may also collect the claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failureto file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights but they help us assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless not expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer`s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect ( repair ) or by a delivery of a defect – free item ( replacement ). The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents.
- in violation of life, body or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely ( cardinal obligations ).
- as part of a guarantee promise, as far as agreed
- as far as the scope of the product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- with guarantee promise, as far as agreed or
- as far as the scope of the product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely ( cardinal obligations ) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclussion of the contract damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Comission provides a platform for online dispute resolution ( OS ), available 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.
Are you an entrepreneur, then German law under exlusion of the UN Convention on contracts for the international sales of goods takes effect. Are you merchant within the meaning of the Commercial Code, legal entity of public law or public special assets, exclusive jurisdiction for all disputes arising from contractual relationships between us and you is our headquarters.