General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Information on online dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Parkteam AG (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending their order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.

2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

8) Applicable law

8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

9) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

10) Information on online dispute resolution

In the first quarter of 2016, the EU Commission will provide an internet platform for online dispute resolution (so-called "OS platform"). The OS platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.

The OS platform can be accessed via the following link: http://ec.europa.eu/consumers/od r

As of 7.01.2020