General Terms and Conditions
1. SCOPE OF APPLICATION
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The sales contract is concluded with ProductionToGo GmbH.
The presentation of the products in the online store does not represent a legally binding offer, but a non-binding online catalog. You can initially place our products in 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 for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
Cash on delivery, invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
We accept your order by sending a separate e-mail within two days, in which we give you our bank details.
With the submission of the order you provide your credit card details and the credit card company performs an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged upon submission of the order. At the time of the credit card charge, the contract with us is concluded.
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. DELIVERY CONDITIONS
In addition to the stated product prices, shipping costs may be incurred. More detailed provisions on any shipping costs you will find in the offers.
In principle, you have the option of collection from ProductionToGo GmbH, Reutäckerstraße 7, 76307 Karlsbad, Germany during the following business hours: Mon - Fri, 9am - 5pm.
We do not deliver to packing stations.
In our store, the following payment methods are generally available:
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are no further costs for this.
With the submission of the order you give your credit card data. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During 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 register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, in order to pay the invoice amount you must be registered there or register first and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
Credit card via PayPal
If you have chosen the payment method credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the order process.
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
6. RIGHT OF REVOCATION
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title 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 goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company 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, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory 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 subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications 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 assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely upon (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 am to 6:00 pm under the telephone number 49 7248 911771 and by e-mail at email@example.com.
For claims based on damages caused by us, our legal representatives or 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 warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite 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 to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. General Terms and Conditions of Sale and Delivery
Our General Terms and Conditions of Sale and Delivery shall apply. You can find them here: Link
12. General Service Conditions
Our General Service Conditions apply. You can find them here: Link
13. General Production Conditions
Our General Terms and Conditions of Production apply to the production of components. You can find them here: Link
14. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
15. FINAL PROVISIONS
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning 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 you and us shall be our place of business.