General terms and conditions
General Terms and Conditions of the Webshop of Pendix GmbH
valid from November 2018)
The present "General Terms and Conditions of Pendix GmbH" (hereinafter referred to as "GTC") are a direct component of the contractual agreements concluded by Pendix GmbH (hereinafter referred to as "Provider") and the customer regarding deliveries and services from the web shop. Unless otherwise agreed, all offers, deliveries and services shall be based exclusively on these General Terms and Conditions. Within the framework of an existing business relationship with the customer, the GTC shall also become part of the contract if their inclusion is not expressly referred to again.
The customer is a consumer insofar as the purpose of the ordered services and activities cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
2 OFFERS / ORDERS
The offers of the provider presented in the webshop are always subject to confirmation and non-binding, unless otherwise stated in the description.
The customer selects products and services from the supplier's product range, which are collected in a so-called "shopping basket". If the customer confirms the "Checkout" button, he will be asked to enter his customer data or, in the absence of customer data, to create a customer profile. At least a billing address, a delivery address, a telephone number and an e-mail address must be provided. Alternatively, the customer can place his order without a customer profile with a guest account, whereby it is also necessary to specify the above data. The data provided will be stored by the provider in accordance with the European Basic Data Protection Regulation and will be used exclusively for the conclusion and execution of the contractual relationship. After the customer has logged in with his data and has selected the shipping method and the means of payment, he arrives in the checkout area, where he can correct the order again using the "edit" buttons. If the customer confirms the button "order with payment", he submits a binding offer to the supplier to purchase the products and services in the shopping cart. The submission of the application is only possible if the customer has accepted these GTC by activating a checkbox. These shall form an integral part of his application.
The provider will then automatically send an acknowledgement of receipt of the application in text form to the e-mail address provided by the customer. The acknowledgement of receipt documents the receipt of the customer's application by the provider and does not constitute a legally binding declaration of acceptance by the provider to the customer. A contract between the supplier and the customer does not come off by the acknowledgement of receipt.
After sending the confirmation of receipt, the provider checks the availability of the ordered products and services. If the order is in stock, the supplier sends the customer an order confirmation in text form, with which the supplier accepts the request of the customer and a contract comes about. In this notification or in a separate notification, but at the latest upon delivery of the goods, the text of the contract (order, GTC, order confirmation) shall be made available to the customer on a durable data carrier (e-mail or paper printout). The contract text is stored and used by the provider in accordance with the European data protection basic regulation.
If the order is not or temporarily not in stock, the supplier informs the customer immediately after the check of the availability of the data deposited with the supplier in text form. In this case a contract is not concluded.
In the ordering process, the customer can choose whether the selected products are to be sent either to a delivery address specified by him or to a specialist dealer specified by him in the ordering process who, if necessary, assembles the products on behalf of the customer.
If there is an increase in the production costs of the supplier between conclusion of the contract and delivery (e.g. due to increased material or wage costs, exchange rate changes for imported goods, tax increases etc.), the supplier is entitled to make a corresponding price adjustment. This shall only apply after expiry of four (4) months between conclusion of the contract and delivery.
3 DELIVERY AND SHIPPING
After conclusion of the contract, the supplier informs the customer of the delivery time for the order, stating the date by which delivery must take place at the latest. The delivery time is calculated from the time of the order confirmation sent by the supplier, assuming prior payment of the purchase price. § Section 3 (1), sentence 2, subsection 2 shall not apply in the case of purchase on account.
If delivery is delayed for reasons attributable to the customer, default of acceptance and transfer of the risk of performance shall occur as soon as the provider has offered the customer the service for the first time. The supplier is entitled to charge the customer for any costs incurred, e.g. for storage.
The supplier is entitled to deliver only to customers who have their usual residence in Germany and have indicated a delivery address in the same country. The delivery restrictions will be communicated to the customer during the ordering process.
The customer shall only be entitled to withdraw from the contract in accordance with the statutory provisions if the delay in delivery is attributable to the provider and the customer has set a reasonable deadline for delivery in accordance with the statutory provisions and this deadline has not been met by the provider. Withdrawal according to p. 1 is excluded if the customer is solely or predominantly responsible for the circumstance that would entitle him to withdraw, or if the circumstance occurs at a time when the customer is in default of acceptance. Claims for damages are excluded in the aforementioned cases. In any case, the supplier is obliged to immediately notify the customer of the non-availability of deliveries and services.
With the conclusion of the contract the customer instructs the supplier to dispatch the goods on behalf of the customer. The shipping risk is borne by the supplier.
The delivery period shall be reasonably extended by circumstances of force majeure. This includes, but is not limited to, strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of his own, operational hindrances through no fault of his own, such as fire, water and machine damage, and all other hindrances for which the provider is not responsible and the causes of which he has no direct influence. A notification of the delay will be made immediately by the provider. If the impediment to performance in the aforementioned cases lasts for a period of more than four (4) weeks after the originally valid delivery times, the customer shall be entitled to withdraw from the contract. Further claims, in particular claims for damages, do not exist.
4 PRICES AND SHIPPING COSTS
All prices quoted by the provider on the webshop website are inclusive of the applicable statutory value added tax.
The corresponding shipping costs are communicated to the customer with the order and are to be borne by the customer. This shall not apply to the cost of shipment in the event of revocation by the Customer, unless the shipment was carried out by a means other than the standard shipment offered by the Provider (express shipment).
The customer will ensure acceptance of the shipped goods during the delivery period. The supplier already now points out that, if the goods also contain a drive set, the goods are so-called dangerous goods and therefore the goods cannot be delivered to third parties in the event of the customer not being present, in particular not to the customer's neighbours.
The obligation to bear the costs in accordance with the first sentence of paragraph 2 above also includes such costs as are incurred as a result of an initially unsuccessful delivery and the further delivery attempts or deliveries caused thereby. The supplier already now points out that, if the goods also contain a drive set, the goods are so-called dangerous goods and therefore the goods cannot be delivered to third parties in the event of the customer not being present, in particular not to the customer's neighbours. The customer shall also bear the additional costs incurred in this respect or as a result thereof.
The customer has to bear the direct costs of the return in the case of a revocation. If the customer has already assembled the drive or had it assembled by a third party (e.g. dealer), the customer shall also bear any costs for the necessary disassembly of the drive in the event of revocation.
When returning the product, the customer shall observe all statutory provisions applicable to the shipment of the product, in particular in the event of revocation. The supplier already now points out that, if the goods also contain a drive set, the legal regulations applicable to the so-called transport of dangerous goods must be observed.
If the customer has the return shipment incumbent on him carried out by the supplier or by a person selected by the supplier, in particular in the case of revocation, he will personally hand over the goods to the supplier or the person selected by the supplier, provided that this contains a drive set. If the customer does not guarantee such transfer to the provider or the person selected by the provider, the customer bears the resulting additional costs.
5 TERMS OF PAYMENT
The customer can make the payment basically by direct debit, credit card, PayPal or by invoice. In individual cases, depending on the customer's creditworthiness and the technical availability of the payment services, individual means of payment may not be available to the customer.
At the customer's request, the payment method is saved in his customer profile for later orders. The storage and use of the data on the method of payment is carried out in accordance with the European Basic Data Protection Regulation only for the purpose of processing the contractual relationship between the customer and the provider.
If the payment method "by invoice" is selected, the invoice amount is to be paid by the customer within 14 days of receipt of goods. If payment is made by direct debit, credit card or Paypal, the customer's account will be debited immediately.
The supplier is entitled, if there are justified indications, to carry out a delivery in whole or in part only against advance payment, even within the framework of an ongoing business relationship. The supplier declares a corresponding reservation at the latest with the order confirmation. Reasonable indications may arise, among other things, from doubts about the customer's creditworthiness.
The provider is entitled to claim default interest at the statutory rate in the event of default of payment by the customer until payment has been made in full. This does not exclude the assertion of further damages.
6 RETENTION OF TITLE
The supplier reserves the right of ownership of the goods (reserved goods) until all claims arising from the contract have been paid in full. The supplier is entitled to take back the reserved goods if the customer behaves contrary to the terms of the contract.
The customer is obliged to treat the reserved goods with care as long as the ownership has not yet been transferred to him.
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). BGB.
An additional guarantee exists with the things supplied by the offerer only if this was delivered expressly in the confirmation of order to the respective article.
If the assembly of the goods delivered by the Supplier is defective, the Supplier shall only be liable for the assembly if it has been carried out by the Supplier itself or by a third party on behalf of the Supplier. However, if the installation is carried out by the customer or by a third party commissioned by the customer (e.g. bicycle dealer), the supplier assumes no liability for this.
Unless otherwise stated in these General Terms and Conditions of Business and Delivery, the Provider shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
Claims of the customer for damages are excluded. Excluded from this, the Seller shall be liable for damages only - irrespective of the legal basis - within the framework of liability for culpability in the case of intent and gross negligence. In the event of ordinary negligence, the Seller shall be liable, subject to a milder standard of liability in accordance with the statutory provisions, only for damages arising from injury to life, limb or health and for damages arising from a not inconsiderable breach of an essential contractual obligation (cardinal obligation). In the latter case, liability shall be limited to compensation for typical, foreseeable damage.
The above limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and vicarious agents of the Seller.
The limitations of liability shall not apply if the Seller maliciously concealed the defect, exceptionally assumed a guarantee for the quality of the goods or claims exist for the customer under the Product Liability Act.
9 REVOCATION INSTRUCTION
When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which the provider informs them in the following in accordance with the statutory model, whereby the provider grants the customer a revocation period of twenty-eight days instead of fourteen days in deviation from the law. Paragraph 2 contains a model withdrawal form.
right of withdrawal
You have the right to revoke this contract within twenty-eight days without giving reasons. The withdrawal period shall be twenty-eight days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform the provider (Pendix GmbH, Innere Schneeberger Straße 20, 08056 Zwickau, Germany, telephone: +49 (0)375 27066710, fax: +49 (0)375 27066719, e-mail: widerruf(at)pendix.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you cancel this Agreement, the Vendor shall immediately refund to you all payments it has received from you, including delivery charges (other than the additional charges resulting from your choosing a method of delivery other than the standard, low-cost delivery offered by the Vendor), no later than fourteen days from the date on which the notice of cancellation of this Agreement is received by the Vendor. For this refund, the Provider will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
The Vendor may refuse a refund until it has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to the supplier immediately and in any case within fourteen days of the day on which you inform the supplier of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
If the goods also contain a drive set, in particular a lithium-ion accumulator, additional costs will be incurred as a result of the necessary shipping as hazardous goods, which you must also bear. As a result, the total return costs will reach a maximum of EUR 40.00, provided that no more than one propulsion set is shipped. If more than one drive set is shipped, the maximum amount of the return costs increases by a maximum of EUR 40.00 per drive set shipped.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
- In accordance with the statutory provisions, the provider shall provide the following information on the model revocation form:
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At Pendix GmbH, Innere Schneeberger Straße 20, 08056 Zwickau, Germany, Phone: +49 (0)375 27066710, Fax: +49 (0)375 27066719, E-Mail: widerruf(at)pendix.de- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in the case of communication on paper)
(*) Not applicable
10 FINAL PROVISIONS
The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the provider.
The legal relations between the provider and the customer are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions.
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision or the ineffective part of the provision, the legally effective provision shall be deemed agreed which comes as close as possible to the economic purpose pursued by the ineffective provision in a legally permissible manner. The same applies analogously if the contract contains gaps.
Status: November 2018