General terms and conditions

§ 1 Fundamental provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (P&S Handels GmbH) via the website, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our products for sale if you are a natural person or legal entity or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). A conclusion of a contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services. The essential features of the goods and / or repair services can be found in the respective offer.

(2) Already by placing the respective product or the respective service offer on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the terms and conditions specified in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before sending the order, you have the option to check all the information again, change it (also via the "back" function of the Internet browser) or cancel the purchase. By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) You may also submit a binding offer of contract (order) by telephone, e-mail, fax or mail.
The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of orders by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods or the provision of the repair service is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Service provision for repairs

(1) Insofar as repair services are the subject matter of the contract, we owe the repair work resulting from the service description. We shall perform these to the best of our knowledge and belief either personally or through third parties.

(2) You are obliged to cooperate, in particular you have to describe the defect existing on the device as comprehensively as possible and to make the defective device available.

(3) You shall bear the costs for sending the defective device to us.

(4) You must create backup copies of your data stored on the defective device on separate data carriers yourself. We are not responsible for the creation of data backup copies.

§ 4 Prices, terms of payment and shipping costs

(1) The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax.

(2) The shipping costs incurred are not included in the purchase price, they will be charged separately, unless free shipping is promised. More details can be found under a correspondingly designated button on our website or in the respective offer.

(3) You have the payment options shown under a correspondingly designated button on our Internet presence or in the respective offer. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract shall be due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 5 Delivery conditions

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the dispatch of the goods and/or the provision of the repair service shall only take place after receipt by us of the full purchase price or payment amount for the repair service and the shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipment shall be at your risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.

(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional costs for shipping as a result.

§ 6 Warranty

(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:

- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with rights arising from defects.

(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

(3) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

§ 7 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.

(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance as well as the place of jurisdiction shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU.

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