General Terms and Conditions "Pralinothek.de"
1.1 The following general terms and conditions of Pralinothek.de (the Seller) apply to all sales, deliveries and services of the seller, when the customer buys at www.Pralinothek.de. An inclusion of separate terms of the customer are hereby rejected.
1.2 Customers, according to section 1.1., are both, consumers and entrepreneurs. A consumer is any natural person, who makes a transaction for a purpose, that is neither commercial nor can be assigned to their independent business activity.
2. Offer and contract conclusion
2.1 The online presentation of the seller is not a binding contract offer. The customer makes a binding purchase offer by sending an order to the seller.
2.2 The customer can submit the purchase offer in writing through the online order form, that is integrated in the online shop. When the customer purchases through the online order form, he makes a binding order for the items in his shopping cart by clicking the button "submit order".
2.3 The seller will confirm the receipt of the customer’s order immediately by email. If any online information concerning the assortment has been wrong, the seller will submit a counter offer, about which the customer may decide freely. The seller’s acceptance of the offer made by the customer will be confirmed by an order confirmation, which will be submitted by email, or by delivering the goods within 3 days after receipt of payment.
2.4 The final contract is subject to the proper and timely delivery by suppliers to the seller.
2.5 The seller may resign from the contract or refuse the implementation without giving notice, if the customer has given false information about his identity or creditworthiness, if there have been opened any bankruptcy proceedings over the assets of the customer or if there has been made an application for submission of affidavits.
3. product features
The products distributed by the seller are handmade and partially industrially manufactured products, which can therefore vary slightly from the pictures on the Internet when it comes to form and color. Such variations do not mean that the products distributed by the seller are defective or faulty and they do therefore not entitle to subsequent delivery or warranty.
For individually customized products, especially with individually printed sleeves, the data provided by the customer himself is used when it comes to pictures and colors.
Variations concerning the color on individualized products and individually printed sleeves from the templates, files, pictures provided by the customer are technical limitations and do therefore not constitute a deficiency. Please note that the colors on the actual printed sleeve can naturally vary from the display on monitor screens and other printed materials.
4. Return costs upon withdrawal
If the customer withdraws the contract, to which he is entitled according to § 312 clause 1 sentence 2 BGB, he has to cover the return costs if the price of the returned goods does not exceed the amount of 40.00 € and in case the price is higher and the customer has not yet paid the total or partial amount at the time of withdrawal, unless the delivered goods do not correspond to the order. In all other cases the seller will cover the costs for the return shipment.
The seller's prices match those of the shop offer. They are final prices. They include all price components including legal German VAT at the applicable rate. Any additional delivery and shipping costs are declared and invoiced separately.
6. terms of payment
The purchase price is payable at the time the contract is concluded without any deduction. Payment can be made by cash in advance, bank transfer, immediate bank transfer, credit card or PayPal and also on invoice for corporate clients and private clients. For private customers there must be two completely and finally settled sales, so that a purchase on invoice is possible. The customer only has the right to purchase on invoice if the order volume of the third and following orders does not exceed the volume of the first two orders. Payment methods for larger purchase orders have to be agreed separately.
The customer is only permitted to set off against counterclaims if his claim is undisputed, legally established or recognized by the seller. He may only claim the right to refuse performance if it is a claim under the same contract.
7. terms of delivery
7.1 The products are delivered to the delivery address, indicated by the customer. We currently deliver to the following countries: Germany, Austria, Great Britain, Denmark, Czech Republic, Belgium, Netherlands, Luxembourg, France, Finland and Sweden.
7.2 The risk of accidental loss and accidental deterioration passes with delivery to the customer or to an authorized person. If the customer is an entrepreneur, the risk passes at the seller's place of business after handing the goods over to an appropriate transport company or person.
7.3 The seller delivers to enterprises within the agreed deadlines. The seller is not bound to the deadline if the seller has concluded a hedging transaction and the concrete suppliers have not delivered in time or completely.
7.4 The risk of accidental loss also passes to the customer without delivery if the customer is in default of acceptance.
8. Retention of title
The delivered goods remain the property of the seller until all claims, which he has against the customer from the business, are balanced.
9.1. Defects or shortages will only be considered if the customer notifies the supplier within three days after receipt of shipment about the defect, etc. Consumers have the choice whether the goods should be repaired or replaced. If repair is not possible, in the event of a justified complaint, the replacement will only be effected after return of the complained goods. No. 4 of this General Conditions has to be considered concerning return shipments. Later the items are considered as in order.
9.2 Returns without prior agreement are illegal and will not be accepted by the seller.
10.1. The seller is liable - on whatever legal grounds - as follows:
- If the seller negligently violated a contractual obligation, the indemnification for damages occurred due to his violation is limited to the predictable, typical and average damage, but to max. 5.000, - €.
- If the seller negligently violated a non-essential contractual obligation, the liability is limited to the contract value.
11. Applicable Law / Other
11.1 Any contractual relationships underlying this General Terms and Conditions are subject to German law. The UN-Convention concerning the contracts for International Sale of Goods is excluded.
11.2 The seller reserves the right to change the General Terms and Conditions at any time. The customer is therefore obliged to check the date on the General Terms and Conditions regularly before the purchase, to see if the Terms and Conditions have changed.
11.3 If the customer is a merchant, legal entity under public law or public special assets, exclusive jurisdiction for any disputes arising from this contract is at the place of business of the seller. The same applies if the customer has no general jurisdiction in Germany. The power to call the court in another jurisdiction is not affected.
11.4 Should one or more conditions of these above Terms and Conditions be or become invalid, the validity of the remaining Conditions of these Terms and Conditions shall not be affected.
Right of revocation for consumers
You may cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods arrive before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receiving the goods at the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our obligations in accordance with § 312c Section 2 BGB in connection § 1 Sections 1, 2 and 4 BGB-as well as our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB-InfoV. To fulfill a timely revocation it is sufficient to send the revocation or the thing in time to:
Pralinothek Online GmbH
Exclusion of the right of revocation
The right of revocation does not apply to distance selling contracts, according to which goods were delivered, that were made according to customer’s specifications or otherwise to his personal needs, or that are not suitable for return due to their condition, can go to waste or whose expiration date has passed.
Consequences of revocation
In the case of a legal revocation, the mutually received benefits have to be returned. If the goods can not be returned or only in a deteriorated condition or in a condition that excludes their further use, instead of the obligation to return the goods, the obligation to pay compensation applies. The obligation to pay compensation especially occurs
if the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning, and
if this legal conclusion has been pointed out in written form at the latest when the contract was concluded.
Adequately packed items, that are transportable, are to be returned at our risk. You have to bear the cost for the return shipment if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed 40 Euros or, in case of a higher amount, if you have not already paid the agreed total or partial amount upon the time of withdrawal. Otherwise, the return is free for you. Goods that are not adequately packed and transportable will be picked up at your address. Any obligations of reimburse of payments have to be fulfilled within 30 days. The time limit begins for you when you send your revocation or if you send the goods as soon as we receive them.
For distance selling contracts, a written advice directly after conclusion of contract is equal to an advice on the conclusion of contract, if the entrepreneur has informed the consumer before the conclusion of contract in an with regards to the used means of communication appropriate way, about the worth compensation. § 346 paragraph 3 sentence 1 number 3 does not apply if the consumer has been properly informed about his right of revocation or if he has become aware otherwise.
(4) Further claims are excluded.
End of revocation