AGB
GENERAL TERMS AND CONDITIONS (GTC)
the
Commersi GmbH
Marketplace 3
91266 Hohenfels, Germany
Germany | Germany
E-mail: support@priddi.de
Phone: +49 8912220739,
VAT ID No.: DE352533872
For the sake of readability, the generic masculine is used in this text. Nevertheless, all genders are meant equally.
1. SCOPE
1.1
The
Commersi GmbH
Marketplace 3
91266 Hohenfels, Germany
Germany | Germany
Managing Directors: Meri Karapetyan, Simon Vogl
E-mail: support@priddi.de
Phone: +49 8912220739,
– hereinafter referred to as "Commersi GmbH" or "we" – operates an online shop at the Internet address www.priddi.de (hereinafter referred to as "Website"). For all orders that you place via the website and for our deliveries and services to customers, the following general terms and conditions apply exclusively in the version valid at the time of the order. We do not recognize deviating provisions of the customer, unless we have agreed to their validity in writing.
1.2
"Customers" are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that is attributable neither to his commercial nor his independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2. CONCLUSION OF CONTRACT
2.1
The product offers of Commersi GmbH represent in the true sense an invitation to the customer to submit a purchase offer. By completing the order process, the customer submits a binding purchase offer to Commersi GmbH. Commersi GmbH shall only accept this purchase offer by means of a separate declaration of acceptance or request for payment within 48 hours of receipt of the purchase offer.
2.2
After receipt of the order by Commersi GmbH, we will send the customer an e-mail confirming receipt of the order and listing the details of the order (order confirmation). This order confirmation does not constitute a declaration of acceptance of the customer's contract offer, but serves only as information.
The purchase contract between the customer and Commersi GmbH is only concluded when we accept the offer by sending the ordered products.
2.3
Commersi GmbH is entitled to reject the customer's offer without giving reasons. This can happen, for example, if there is a reasonable suspicion that the goods purchased via the Internet are to be resold commercially.
2.4
The purchase process and contact are carried out via e-mail with the help of automated purchase processing software on the part of Commersi GmbH. For this reason, the customer must ensure that the e-mail address provided by him for the purchase process is correct, so that correspondence can be made via it. When using spam filters, the customer must ensure that all e-mails sent by Commersi GmbH or its checkout service providers for the purchase process are received.
3. CANCELLATION POLICY
The right of withdrawal applies exclusively to consumers according to § 13 BGB.
WITHDRAWAL
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation 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 last goods.
In order to exercise your right of withdrawal, you must inform us, the
Commersi GmbH
Marketplace 3
91266 Hohenfels, Germany
Germany | Germany
E-mail: support@priddi.de
Phone: +49 8912220739,
by means of a clear statement (for example by letter sent by post or by e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
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.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we will refund all payments 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 date on which we received the notification of your revocation of 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; under no circumstances will you be charged any fees for this repayment.
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 the earliest.
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 inform us of the cancellation of this contract. The deadline is met if you send the goods to the
cafol GmbH, c/o Priddi - trade register data and business information
Paunsdorfer Allee 1
04329 Leipzig
Deutschland | Germany
zurücksenden.
Sie haben die Kosten der Rücksendung der Waren zu tragen.
Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
AUSSCHLUSS- BZW. ERLÖSCHUNGSGRÜNDE DES WIDERRUFSRECHTS
Das Widerrufsrecht besteht nur bei Artikeln, die nicht individualisiert oder geändert wurden. Bei personalisierten Produkten verfällt das Widerrufsrecht.
Ende der Widerrufsbelehrung
Muster-Widerrufsformular
Eine Version des Muster-Widerrufsformulars steht Ihnen hier zum Download zur Verfügung. Zudem werden wir Ihnen eine Version des Muster-Widerrufsformulars unverzüglich nach Vertragsschluss zukommen lassen.
4. PREISE
4.1
Es gelten die auf unserer Internetseite www.priddi.de angegebenen Preise zum Zeitpunkt Ihrer Bestellung. Die angegebenen Preise beinhalten sämtliche Preisbestandteile, inklusive der jeweilig geltenden deutschen Mehrwertsteuer.
4.2
The goods offered on our website www.priddi.de are presented on the website in the form of digital photographs of the real existing goods. Minor deviations between representation and reality do not constitute a defect in the ordered goods.
4.3.
If the customer has ordered several products at the same time, the individual products can be delivered at different times. § 266 BGB remains unaffected. In this case, shipping costs will only be charged once.
5. TERMS OF PAYMENT
5.1
Payments can be made as follows:
PayPal
During the ordering process, the customer is redirected to the PayPal page, via which the payment to Commersi GmbH is initiated by the customer. After sending the order and confirmation of payment by PayPal, the goods will be shipped;
PayPal Plus
- by credit card via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg: During the ordering process, the customer is redirected to the PayPal page, which initiates payment by credit card to Commersi GmbH by the customer. After sending the order and confirmation of payment by PayPal, the goods will be shipped. The debit of the bank account or credit card depends on the processing of the customer banks or the credit card issuing institution of the customer. In this regard, please also note the terms and conditions of PayPal, to which you agreed when opening the customer account with PayPal. If you do not have a PayPal account, please refer to the terms and procedures of the company PayPal: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=de_DE
- by direct debit via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg: During the ordering process, the customer is redirected to the PayPal page, via which the payment by SEPA direct debit to Commersi GmbH is initiated by the customer via PayPal. After sending the order and confirmation of payment by PayPal, the goods will be shipped. The debiting of the bank account or credit card by PayPal depends on the processing of the customer's banks or the customer's credit card issuing institution. In this regard, please also note the terms and conditions of PayPal to which you agreed when opening the customer account with PayPal. If you do not have a PayPal account, please refer to the terms and procedures of the company PayPal: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=de_DE
- by invoice to PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg: After successful address and credit checks, Commersi GmbH assigns the claim to PayPal. In this case, the customer can only pay to PayPal with debt-discharging effect. After confirmation of the successful address and credit check by PayPal, the goods will be shipped. In this regard, please also note the terms and conditions of PayPal, to which you agreed when opening the customer account with PayPal. If you do not have a PayPal account, please refer to the terms and procedures of the company PayPal: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE
Credit card (Visa/ MasterCard)
Payment by credit card to Commersi GmbH is initiated by the customer. After sending the order and confirming the payment, the goods will be shipped. The debit of the bank account or credit card depends on the processing of the customer's banks or the customer's credit card issuing institution.
SEPA Direct Debit
Payment by SEPA direct debit to Commersi GmbH is initiated by the customer. After sending the order and confirmation of payment by the goods will be shipped. The debit of the bank account depends on the processing of the customer banks or the credit card issuing institution of the customer.
Payment by voucher
Payment by means of a voucher to Commersi GmbH is made by entering the voucher code in the field provided for this purpose as part of the ordering process and then clicking on the "Redeem voucher" button (order step "Shopping cart") on the www.priddi.de website. If the order value of the goods exceeds the value of the voucher, you must also select one of the offered payment methods with which you want to settle the balance. The shopping cart value must exceed that of the voucher, otherwise redemption is not possible. A cash payment of the voucher is not possible.
5.2
Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for decision or is undisputed or includes a claim for compensation due to costs of remedying defects from the same contractual relationship.
5.3
In commercial transactions, a right of retention and a right to refuse performance of the buyer are excluded with the exception of undisputed, legally established counterclaims or claims for remedying defects from the same contract.
5.4
The delivered goods remain the property of Commersi GmbH until full payment.
6. DELIVERY
6.1
Shipping is done with DHL.
6.2
The delivery times indicated for the products begin on the day following the day of conclusion of the contract or, in the case of advance payment, the payment instruction of the customer to his payment service provider. Delivery will take place at the latest within the specified delivery time. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of receipt, this day shall be replaced by the next working day.
6.3
In the case of delivery outside of Germany, the latest delivery date specified for the products shall be extended by 5 working days for deliveries within the EU member states, otherwise by 10 working days.
7. WARRANTY
For claims due to defects of the delivered goods, the statutory provisions apply with the exception that a claim for damages due to a defect exists only in accordance with the following §8.
8 LIABILITY
8.1
We are liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a main obligation or an ancillary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer could rely ("essential obligation"), our liability shall be limited to foreseeable damages typical for the contract. We are not liable for the slightly negligent breach of contractual obligations that are not among the essential obligations.
8.2
Liability for fraudulent concealment of defects or in the event of the assumption of a quality guarantee as well as liability for claims based on the Product Liability Act as well as for damages resulting from injury to life, limb or health remain unaffected. A change in the burden of proof to the disadvantage of the customer is not associated with this.
8.3
Insofar as the liability of Commersi GmbH is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and vicarious agents.
9. CONTRACT LANGUAGE / STORAGE OF THE ORDER TEXT
The contract is concluded in German. The order text is not stored by us and can no longer be retrieved after completion of the order process. However, you can print out your order data immediately after submitting the order.
10. CHOICE OF LAW
All legal disputes arising from or in connection with the purchase contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
With regard to consumers, the choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.
11. SEVERABILITY
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.