Terms and Conditions for the Sale of Goods
General Terms and Conditions for the Purchase of Goods from
pro-log GmbH, Münnerstädter Str. 39, 97688 Bad Kissingen, Germany,
in the online shop at shop.abenteuer-allrad.de.
1. Scope
1.1. All offers, orders, purchase contracts, and deliveries of goods via our online shop are subject to the following General Terms and Conditions in the version valid at the time of the order. The customer's terms and conditions do not apply, even if we do not separately object to their validity in individual cases.
1.2. These GTC do not apply to the ordering of tickets for events offered by pro-log (trade fairs, lectures). These are subject to separate general ticket and event conditions.
1.3. The sole contract language is German. If translations of these GTC or other contract-related declarations and documents have been made into languages other than German, only the German version shall be authoritative for the parties.
2. Conclusion of contract
2.1. The presentation of goods in the online shop does not constitute a binding offer on our part to conclude a purchase contract. Rather, it is a non-binding invitation to you to order goods in our online shop.
2.2. Our offers are directed exclusively at persons with unlimited legal capacity. Persons with limited legal capacity (e.g., minors under the age of 18) may only use our offers with the consent of their legal representative.
2.3. You can place one or more of the products offered in your shopping cart. During the ordering process, you enter your data and, if we offer alternatives, your preferences regarding payment method, shipping or delivery terms, etc.
2.4. You can correct your entries at any time before submitting your order by using the delete key. We will inform you about further correction options during the ordering process. You can also terminate the ordering process completely at any time by closing the browser window.
2.5. Only by clicking on the order button “Place order with obligation to pay” do you submit a binding purchase offer. However, the offer can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the button provided by us to accept the terms and conditions and thereby included them in your offer. You can access the terms and conditions at any time before and after conclusion of the contract via our website.
2.6. Your order with details of the contract concluded (e.g., type of product, price, etc.) will be stored by us in compliance with data protection regulations.
2.7. After we receive your purchase offer, you will receive an automatically generated email confirming that we have received your order. This confirmation constitutes a purchase contract with us for the goods.
3. Withdrawal from the contract
3.1. We reserve the right to withdraw from the purchase contract in the event that (a) we are unable to deliver the goods ordered by the customer through no fault of our own because our supplier has not fulfilled its contractual obligations, or (b) the goods ordered by the customer are unavailable for a period of at least one month due to circumstances beyond our control (operational disruption due to fire, water or earthquake, failure of relevant production facilities and machinery, strikes and lockouts, lack of energy or transport options, war or official intervention). In such cases, we will immediately inform the customer that the goods they have ordered are not available. If we then exercise our right of withdrawal, we will immediately refund any payments already made by the customer at that time via the payment method used by the customer, free of charge.
3.2. We also reserve the right to withdraw from the purchase contract in the event that the customer has chosen bank transfer as the payment method when placing the order and has not paid within the payment period set by our merchandise system or payment service provider.
3.3. The customer's statutory claims remain unaffected by this.
4. Collection, storage, and processing of your personal data
4.1. Our privacy policy applies, which you can view and download on our website.
4.2. In order to execute and process an order, we require the following data from you during the ordering process: - Private customer or company - First and last name - Email address - Postal address - Telephone number.
4.3. You can order goods and/or services in our online shop as a guest or new customer or as a registered customer. As a registered customer, you do not have to enter your personal data every time, but can simply log in to your customer account before or during an order with your email address and the password you chose when registering. If you would like to create a customer account, we require the data specified in 4.2. as well as a password of your choice.
4.4. Without your separate consent, we use the data you provide exclusively for the fulfillment and processing of your order(s), such as for the delivery of goods to the address you have specified. To ensure secure processing of the shipment and delivery notification, we will forward your email address to contracted shipping service providers if necessary. These providers may only use your email address to carry out the delivery and are obliged to delete it after completion of the shipment. If you pay by bank transfer, we will also use your bank details to process the payment.
4.5. Any further use of your personal data for advertising, market research, or to tailor our offers to your needs requires your express consent. If we give you the opportunity to give such consent before you place your order and you do so, this is done voluntarily and can be accessed on our website and revoked by you at any time.
4.6. The data you provide will remain stored in the customer account you have created until you delete it yourself. If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under “My Account.” In addition, or in the event that you only order as a guest or new customer without creating a customer account, we will only store your data within the scope of our tax and commercial law obligations.
5. Right of withdrawal for consumers when purchasing goods
5.1. If you are a consumer and purchase goods, you are entitled to the following right of withdrawal and return. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Cancellation policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day a) on which you or a third party named by you, who is not the carrier, took possession of the goods; b) in the case of multiple goods ordered in a single order: on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods; or c) in the case of a contract for the delivery of goods in multiple partial shipments or pieces, on the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece. To exercise your right of withdrawal, you must inform us, pro-log GmbH, Münnerstädter Straße 39, 97688 Bad Kissingen, Germany, Tel.: +49 971 785 446 0, Fax: +49 971 785 446 1, Email: info@abenteuer-allrad.de, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website www.shop.abenteuer-allrad.de. If you make use of this option, we will immediately send you (e.g., by email) a confirmation of receipt of such a revocation. Sample revocation form To: pro-log GmbH Münnerstädter Str. 39 97688 Bad Kissingen Email: info@abenteuer-allrad.de Fax: +49 971 785 446 1 I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*): Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only for paper notifications) Date (*) Delete as applicable. To comply with the withdrawal period, it is sufficient to send the notification of your exercise of the right of withdrawal before the withdrawal period expires. Consequences of withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we 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. We may refuse to refund until we have 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 us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality. End of the cancellation policy
5.2. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
5.3. The right of withdrawal does not apply to distance contracts for the purchase of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g., dirt specially adapted for you, etc.) or for the purchase of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5.4. In the event of cancellation, returns sent without postage paid cannot be accepted.
6. Prices and shipping costs
6.1. All prices stated in the online shop are end consumer prices and include statutory sales tax, but do not include service and shipping costs.
6.2. Any service and shipping costs incurred are shown separately in the online shop.
7. Terms of payment, default of payment
7.1. Payment can be made using the payment methods offered on our website, at the customer's discretion. If we use third-party payment providers/payment service providers for payment methods, the general terms and conditions of the respective service provider shall also apply to the payment transaction.
7.2. If you select the “bank transfer” payment method, you will receive bank details to which the payment must be made.
7.3. We reserve the right to exclude payment methods in individual cases or to make certain payment methods subject to a prior credit check.
7.4. The invoice amount is due for payment immediately. If payment is made by bank transfer, you will be given a payment deadline. Payment is only considered to have been made when we have access to the payment amount.
8. Delivery
8.1. The delivery time within Germany is up to 5 working days. We will indicate any deviating delivery times on the respective product page. Delivery times to other countries may vary. We cannot accept fixed delivery dates. Fixed or other binding delivery dates always require our express consent, in writing or by email.
8.2. If you select the “bank transfer” payment method, the delivery time begins after receipt of payment.
8.3. Even if goods are marked as “in stock” on the order form, we are entitled to sell these goods at any time if a) our offer indicates that the goods are only available to a limited extent, or b) delivery is made against advance payment and payment is not received by us within a period of five working days after our acceptance of the offer. In these cases, shipment will only take place within the agreed or specified period while stocks last.
8.4. We are entitled to make partial deliveries of products included in an order, provided this is reasonable for you. We will bear the additional shipping costs incurred as a result.
9. Transport damage
9.1. Please check the shipment immediately upon receipt for completeness and integrity. If the package is damaged, please report it immediately to the delivery service. Please also contact us.
9.2. If the goods are damaged during transport, we will send you a replacement immediately. In return, you assign your claims against the carrier to us.
10. Retention of title
10.1. We retain title to the goods delivered by us until the purchase price (including sales tax and shipping costs) for the goods in question has been paid in full.
10.2. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), we reserve title to all goods delivered by us until full payment of all claims arising from the business relationship, including future claims and all ancillary claims. You hereby assign to us any claims for compensation against third parties due to loss or damage to the goods. We hereby accept the above assignment.
10.3. The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
10.4. If the customer defaults on payment, we have the right to withdraw from the contract and reclaim the goods.
11. Questions and complaints
11.1. If you have any questions or complaints, please contact us at the telephone number or email address provided in our online shop or at the address printed on the delivery note.
12. Warranty for purchases of goods
12.1. We are liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).
12.2. If the customer is an entrepreneur, they must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if we are not notified of a defect (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect. We may choose between remedying the defect or delivering a defect-free item. The warranty period for entrepreneurs is 12 months from delivery of the goods.
13. Return of goods
13.1. Acceptance of returned goods does not imply acceptance of your complaints. A corresponding inspection will only take place at our premises.
13.2. We shall bear the costs of returning a defective item in order for the customer to assert their statutory warranty rights. The customer shall agree with us on how the return shipment is to be made.
13.3. Please avoid damage and contamination. Please return the goods to us in their original packaging with all accessories and packaging components, if possible. Please note that product packaging, such as protective bags or high-quality packaging, cartons, etc., is part of the ordered goods. If this product packaging is not returned when the goods are returned, this may lead to a significant deterioration of the goods. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage resulting from inadequate packaging.
13.4. We would like to point out that you may be obliged to pay compensation for any deterioration in the goods. Please also note the cancellation policy in this regard. You can avoid any obligation to pay compensation by refraining from doing anything that could impair the value of the goods and by not using the goods as if they were your property.
14. Liability
14.1. Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance you as a customer can regularly rely. Essential contractual obligations include, in particular, the obligation to hand over the goods to you and to transfer ownership of them to you. Furthermore, we must provide you with goods that are free of material defects and defects of title.
14.2. In the event of a breach of essential contractual obligations, we shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
14.3. The limitations under 14.1. and 14.2. also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
14.4. The provisions of the Product Liability Act remain unaffected.
15. Final provisions
15.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a country that is not a member of the European Union. If you have your habitual residence in a member state of the European Union outside Germany, German law shall also apply, whereby mandatory consumer protection provisions of the country in which you have your habitual residence shall remain unaffected.
15.2. The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/. Our email address can be found above. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15.3. The place of performance and jurisdiction for merchants, legal entities under public law, or special funds under public law is the court responsible for Bad Kissingen. This also applies if the customer does not have a general place of jurisdiction in Germany or if they move their place of residence or habitual abode to a location outside Germany after conclusion of the contract or if their place of residence or abode is unknown at the time the action is brought. However, we are also entitled to choose any other legally permissible place of jurisdiction.
As of March 2022