Terms and Condition


General Terms and Conditions




Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right to Cancel

4. Prices and Payment Conditions

5. Shipment and Delivery Conditions

6. Reservation of Proprietary Rights

7. Warranty

8. Liability

9. Special conditions for repair services

10. Applicable Law

11. Place of Jurisdiction

12. Alternative Dispute Resolution



1) Scope of Application


1.1 These General Terms and Conditions of the company P&K Lie GmbH (hereinafter

referred to as "Seller”) shall apply to all contracts concluded between a consumer or a

trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or

services presented in the Seller's online shop. The inclusion of the Client’s own

conditions is herewith objected to, unless other terms have been stipulated.


1.2 A consumer pursuant to these Terms and Conditions is any natural person

concluding a legal transaction for a purpose attributed neither to a mainly commercial

nor a self-employed occupational activity. A trader pursuant to these Terms and

Conditions is any natural or legal person or partnership with legal capacity acting in the

performance of a commercial or self-employed occupational activity when concluding a

legal transaction.



2) Conclusion of the Contract


2.1 The product descriptions in the Seller’s online shop do not constitute binding offers

on the part of the Seller, but are merely descriptions which allow the Client to submit a a

binding offer.


2.2 The Client may submit the offer via the online order form integrated into the Seller's

online shop. In doing so, after having placed the selected goods and/or services in the

virtual basket and passed through the ordering process, and by clicking the button

finalizing the order process, the Client submits a legally binding offer of contract with

regard to the goods and/or services contained in the virtual basket. The Client may also

submit his offer to the Seller by telephone, fax, e-mail, post or per online contact form.


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


- by transferring a written order confirmation or an order confirmation in written form

(fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or

- by delivering ordered goods to the Client, insofar as receipt of goods by the customer

is decisive, or

- by requesting the Client to pay after placing his order.


The contract shall be concluded at the time when one of the aforementioned

alternatives firstly occurs. Should the Seller not accept the Client's offer within the

aforementioned period of time, this shall be deemed as rejecting the offer, with the

effect that the Client is no longer bound by his statement of intent.


2.4 When submitting an offer via the Seller's online order form, the text of the contract

is stored by the Seller after the contract has been concluded and transmitted to the

Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller

shall not make the contract text accessible beyond this. If the Client has set up a user

account in the Seller's online shop prior to sending his order, the order data shall be

stored on the Seller's website and can be accessed by the Client free of charge via his

password-protected user account by specifying the corresponding login data.


2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may

recognize input errors by attentively reading the information displayed on the screen.

Use of the enlargement function of the browser to enlarge the display on the screen may

be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function

during the electronic ordering process, until he clicks the button finalizing the ordering

Process.


2.6 The German and the English language are exclusively available for the conclusion of

the contract.


2.7 Order processing and contacting usually take place via e-mail and automated order

processing. It is the Client’s responsibility to ensure that the e-mail address he provides

for the order processing is accurate so that e-mails sent by the Seller can be received at

this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to

ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller

with the order processing can be delivered.



3) Right to Cancel


3.1 Consumers are entitled to the right to cancel.


3.2 Detailed information about the right to cancel is provided in the Seller’s instruction

on cancellation.


3.3 The right to cancel does not apply to consumers who are not nationals of a member

state of the European Union at the time of concluding the contract and whose exclusive

domicile and delivery address are located outside the European Union at the time of

concluding the contract.



4) Prices and Payment Conditions


4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices

and include the statutory value-added tax. Any possible additional delivery and dispatch

costs are specified separately in the respective product description.


4.2 Payment can be made using one of the methods mentioned in the Seller’s online

Shop.


4.3 In case of delivery to countries outside the European Union, additional costs may be

incurred in individual cases for which the Seller is not responsible and which have to be

borne by the Client. This includes, for example, transfer fees charged by banking

institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such

additional costs regarding money transfer may also be incurred, if the Client carries out

the payment from a country outside the European Union, even if delivery is not made in

a country outside the European Union .


4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately

after conclusion of the contract, unless the parties have arranged a later maturity date


4.5 When payments are made using a payment method offered by PayPal, handling of

payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,

S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”)

subject to the PayPal terms of use which can be viewed at:

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has

no PayPal account, the conditions applicable for payments without PayPal account will

be effective. They can be viewed at:

https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.



5) Shipment and Delivery Conditions


5.1 Goods are generally delivered on dispatch route and to the delivery address

indicated by the Client, unless agreed otherwise. In the case of an order placed via the

Seller's online order form, the delivery address specified in the online order form shall be

decisive. However, in case the Client selects the payment method PayPal, the delivery

address deposited with PayPal at the date of payment shall be decisive.


5.2 Should the assigned transport company return the goods to the Seller, because

delivery to the Client was not possible, the Client bears the costs for the unsuccessful

dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the

delivery cannot be made due to circumstances beyond the Client's control, or if he has

been temporarily impeded from receiving the offered service, unless the Seller has

notified the Client for a reasonable time in advance about the service.


5.3 In case the Client is a trader, the risk of accidental destruction and accidental

deterioration of the sold goods shall be transferred to the Client upon delivery of the

goods to the freight forwarder, carrier or other person or institution designated with the

task of performing shipment. In case the Client is a consumer, the risk of accidental

destruction and accidental deterioration of the sold goods shall in principle be

transferred to the Client upon delivery of the goods to the Client or to an authorized

recipient. Deviating from this, even in case the Client is a consumer, the risk of

accidental destruction and accidental deterioration of the sold goods is transferred to

the Client upon delivery of the goods to the freight forwarder, carrier or other person or

institution designated with the task of performing shipment, if the Client has instructed

the freight forwarder, carrier or other person or institution designated with the task of

performing shipment to carry out the delivery of the goods and if the choice of this

person or institution was not previously offered by the Seller.


5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect

or improper self-supply. This only applies if the Seller is not responsible for the

non-supply and if he has concluded a concrete hedging transaction with the supplier.

The Seller shall make all reasonable efforts to obtain the goods. In case of

non-availability or partial availability of the goods he shall inform the Client and grant

him immediately counterperformance.


5.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail

that the goods are available for collection. After receiving the e-mail, the Client may

collect the goods in consultation with the Seller. In this case, shipment costs will not be

Charged.



6) Reservation of Proprietary Rights


If the Client is a consumer, the Seller retains title of ownership to the delivered goods

until the purchase price owed has been paid in full.


6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the

fulfillment of all claims arising out of the current business relationship.


6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of

regular business operations. All claims resulting from such course of business against a

third party shall herewith be assigned in advance to the Seller in the amount of the

respective invoice value (including VAT). This assignment of claims shall be valid

regardless of whether the reserved goods are processed prior to or after resale or not.

The Client remains entitled to collect the claims even after assignment. However, the

Seller shall refrain from collecting the claims as long as the Client meets his payment

obligations, he is not in default, and no application has been lodged to open insolvency

Proceedings.



7) Warranty


Should the object of purchase be deficient, statutory provisions shall apply. Deviating

therefrom, the following shall apply:


7.1 For traders,


- a marginal defect shall generally not constitute warranty claims defects,

- the Seller may choose the type of subsequent performance,

- for new goods, the limitation period for defects shall be one year from transfer of risk,

- for used goods, rights and claims for defects are generally excluded,

- the limitation period shall not recommence if a replacement delivery is carried out

within the scope of liability for defects.



7.2 If the client acts as a consumer, the following restriction applies to used goods:

Claims for defects are excluded if the defect does not occur until one year after delivery

of the goods. Defects that occur within one year of delivery of the goods can be asserted

within the statutory limitation period.


7.3 The aforementioned limitations of liability and the restrictions of limitation periods

do not apply


- to a product, which was not used, in accordance with its usual application, for building

construction and which was the cause of the building's defectiveness,

- to claims for damages and reimbursement of expenses by the Client.

- If the Seller has fraudulently concealed the defect.



7.4 Furthermore, for traders the statutory limitation periods for recourse claims

pursuant to section 445b of the German Civil Code (BGB) remain unaffected.


7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial

Code (HGB) he has the commercial duty to examine the goods and notify the Seller of

defects pursuant to section 377 HGB. Should the Client neglect the obligations of

disclosure specified therein, the goods shall be deemed approved.


7.6 If the Client is a consumer, the forwarding agent has to be immediately notified of

any obvious transport damages and the Seller has to be informed accordingly. Should

the Client fail to comply therewith, this shall not affect his statutory or contractual

claims for defects.



8) Liability


The Seller shall be liable to the Client for any contractual and quasi-contractual claims

and for claims of liability in tort regarding damages and effort compensation as follows:


8.1 The Seller shall face unlimited liability regardless of the legal ground


- in case of intent or gross negligence,

- in case of injuries of life, body, or health resulting from intent or negligence,

- in case of a promise of guarantee, unless otherwise provided,

- in case of liability resulting from mandatory statutory provisions such as the

product-liability-law.


8.2 If the Seller negligently infringes an essential contractual duty, the liability to pay

damages shall be limited to the foreseeable, typically occurring damage, unless

unlimited liability applies pursuant to the aforementioned Section. Essential significant

contractual obligations are obligations the contract imposes on the Seller according to

its content to meet the purpose of the contract and whose fulfillment is essential for the

due and proper implementation of the contract and on the fulfillment of which the Client

can regularly rely.


8.3 For the rest, the Seller’s liability is excluded.


8.4 The aforementioned provisions on liability apply also to the Seller’s liability

regarding his legal representatives and vicarious agents.



9) Special conditions for repair services


If the seller is responsible for the repair of a customer's item under the terms of the

contract, the following shall apply:


9.1 Repair services shall be provided at the seller's registered office.


9.2 The seller shall render his services at his discretion either in his own person or by

qualified personnel selected by him. The seller may also make use of the services of

third parties (subcontractors) who act on his behalf. Unless otherwise stated in the

seller's service description, the customer has no right to select a specific person to

perform the desired service.


9.3 The customer must provide the seller with all information necessary for the repair of

the item unless its procurement does fall within the seller's scope of duties according to

the contents of the contract. In particular, the customer must provide the seller with a

comprehensive description of the defect and inform him of all circumstances which may

be the cause of the defect found.


9.4 Unless otherwise agreed, the customer must send the item to be repaired to the

seller's registered office at his own expense and risk. The seller recommends the

customer to conclude a transport insurance for this purpose. Furthermore, the seller

recommends the customer to send the goods in suitable transport packaging in order to

reduce the risk of transport damage and to conceal the contents of the packaging. The

seller will immediately inform the customer of obvious transport damage so that the

customer can assert any rights he may have against the transport company.


9.5 The return of the goods shall be at the customer's expense. The risk of accidental

loss and accidental deterioration of the item passes to the customer when the item is

handed over to a suitable transport person at the seller's place of business. At the

customer's request, the seller will conclude a transport insurance for the goods.


9.6 The customer can also transfer the item to be repaired at the seller's place of

business and collect it again from the seller if this results from the seller's service

description or if the parties have made a corresponding agreement in this respect. In

this case, the above provisions regarding the bearing of costs and risks shall apply

accordingly when the goods are dispatched and returned.


9.7 The aforementioned regulations do not limit the statutory rights of the customer in

the event of the purchase of goods from the seller.


9.8 The seller shall be liable for defects in the repair service provided in accordance

with the provisions regarding statutory liability for defects.



10) Applicable Law


10.1 The law of the Federal Republic of Germany shall apply to all legal relationships

between the parties under exclusion of the laws governing the international purchase of

movable goods. For consumers, this choice of law applies only to the extent that the

granted protection is not withdrawn by mandatory provisions of the law of the country in

which the consumer has his habitual residence.


10.2 Furthermore, this choice of law regarding the right to cancel does not apply to

consumers who are not nationals of a Member State of the European Union at the time

of concluding the contract and whose exclusive domicile and delivery address are

located outside of the European Union at the time of concluding the contract.



11) Place of Jurisdiction


If the Client is a businessman, a legal entity of public law, or a separate estate under

public law with its seat in the territory of the Federal Republic of Germany, the Seller’s

place of business shall be the sole place of jurisdiction for all legal disputes arising from

this contract. If the Client is domiciled outside the territory of the Federal Republic of

Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal

disputes arising from this contract,provided that the contract or claims from the contract

can be assigned to the Client’s professional or commercial activities. In any event

however, regarding the aforementioned cases, the Seller is entitled to appeal to the

court which has jurisdiction over the area where the Client’s place of business is located.



12) Alternative Dispute Resolution


12.1 The EU Commission provides on its website the following link to the ODR platform:

https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising

from online sales and service contracts concluded between consumers and traders.


12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure

before an alternative dispute resolution entity.
































































































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