Allgemeine Geschäftsbedingungen

  1. SCOPE OF APPLICATION

The following terms and conditions apply to all orders via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

  1. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES

The purchase contract is concluded with proStim.

With the placement of the products in the online store we make a binding offer to conclude a contract for these articles. You can put our products into the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

  1. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

  1. TERMS OF DELIVERY

Shipping costs are added to the indicated product prices. You can find out more about the amount of the shipping costs in the offers.

We deliver only by shipping. A collection of the goods unfortunately is not possible.

  1. PAYMENT

In our store you can choose between the following payment methods:

Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal, PayPal Express

During the ordering process you will be redirected to the website of the online service 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 instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction. The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

PayPal Plus

Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the payment method PayPal, you must be registered there or register first and legitimize with your access data in order to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.

Credit card via PayPal

If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. Immediately after confirmation of the payment order and after your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.

Direct debit via PayPal

If you have chosen the payment method direct debit, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the ordering process.

  1. RIGHT OF REVOCATION

Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

  1. RETENTION OF TITLE

The goods remain our property until full payment is received.

For entrepreneurs the following applies additionally: We retain ownership of the goods until full payment has been received. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – 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 authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

  1. TRANSPORT DAMAGE

The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. WARRANTIES AND GUARANTEES

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements by the manufacturer or other advertising statements.

If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement).

The above restrictions and shortening of deadlines do not apply to claims based on damage 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 and fraudulent intent

– in case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

– within the framework of a guarantee promise, if agreed, or

– as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.

  1. LIABILITY

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

– in case of injury to life, body or health

– in case of intentional or grossly negligent breach of duty

– in the case of guarantee promises, if agreed, or

– as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

  1. SETTLEMENT OF DISPUTES

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

  1. FINAL PROVISIONS

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

 

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