§ 1 Applicability
(1) The present General Terms and Conditions ("GTC") contain the exclusively applying conditions between you (“customer”) and us, PILS GmbH, Seewiesenstr. 25, 71334 Waiblingen, Germany. Contradictory or differing terms offered by the customer will not be recognized by us unless expressly agreed upon.(2) Our sales personnel are not authorized to make oral agreements differing from those on the order form or these GTC pertaining to the contract with you as customer.
(3) As customer, you are cosumer as defined by § 13 German Civil Code (Bürgerliches Gesetzbuch - BGB) insofar as the purpose of ordered deliveries or services cannot be regarded as part of your commercial or self-employed occupational activity.
§ 2 Offer and conclusion of contract
(1) The presentation of our products on our homepage www.pilsrasur.de is no binding offer on our part. You may choose from the range of products offered by us, and, by clicking the button “Add to Cart”, place your items of choice in a virtual cart without commitment. You can view the contents of your cart at any time by clicking the button “Cart”. Chosen products can be deleted from the cart at any time by clicking the button “Delete Article”. By clicking the button “Send Order” you make a binding offer for purchase of the products in the cart at the time. You will then receive for your information a notice of receipt via e-mail listing again your order; this e-mail does not constitute an acceptance of your offer; it merely serves to inform you that we have received your order.
(2) A contract between you and us is only concluded with a separate express declaration of acceptance by us, issued within five working days by a separate e-mail or by sending of the ordered products. We record the wording of the contract; you can check your order at any time in your personal log-in via the button “My Account”.
§ 3 Prices; postage and packing; terms of payment
(1) All prices given on our website include value added tax.
(2) Unless expressly agreed otherwise in writing, our prices are calculated ex works from our depot in Winterbach, including packaging. Pickup at our depot will have to be agreed in advance. Orders placed via our website www.pils-rasur.de are delivered world-wide (cf. postage and packing cost table).
(3) Postage and packing costs costs are indicated along with the chosen products. If the goods are to be shipped according to your wishes, any applicable postage and packing costs will be indicated on the order form, listed separately in the invoice, and are to be born by you. Should you wish a different form of delivery, you will have to bear the applicable costs.
(4) The purchase price is due immediately upon conclusion of the contract. Payment of goods can be made by credit card (Visa; MasterCard; American Express) or by prepayment. If you chose to pay via credit card, we charge your banking account when the order is delivered. We use the transfer matrix method “SSL” for encoding of your personal data.
(5) The charging of counterclaims by you is only permitted as far as the counterclaims are undisputed or established as final and absolute by law or accepted by us.
§ 4 Availability; delivery
(1) Should a product ordered by you not be available at the time of placement of the order, we will inform you without delay. Should the product be permanently unavailable, we reserve the right to not accept your offer. In that case, no contract will be agreed upon between you and us.
(2) Should a product ordered by you be temporarily not available at the time of placement of the order, we will also inform you without delay. Should delivery be delayed by more than two weeks, we will inform you without delay. You then have the right to withdraw from the contract. Any payments made by you will be refunded without delay.
(3) Our deliveries and services are effected as swiftly as possible, at the latest within five working days after payment has been made, unless expressly agreed otherwise or the page of the product in question expressly gives differing delivery dates. We reserve the right to effect partial deliveries if reasonable and necessary for swift processing.
§ 5 Retention of title
We reserve the right to ownership of the products delivered to you by us until receipt of all payments for these products.
§ 6 Warranty; liability
(1) In case of defective products, we are liable subject to statutory provisions.
(2) Liability for defects for new products is two years from the moment of transfer of perils. Liability for defects for used goods is limited to one year from the moment of transfer of perils; this limitation does not apply to further claims, in particular with regard to damages deriving from the injury to life, body and health.
(3) Customers’ claims for compensation for damages are excluded. Exceptions are claims for compensation resulting from damages deriving from the injury to life, body and health, or breach of elementary contractual obligations (cardinal obligations), as well as liability for other damages resulting from intention or gross negligence by the contractor, his legal representatives or persons assisting in the performing of obligations. Elemental contractual obligations are obligations whose fulfilment is necessary to the attainment of the intent of the contract.
(4) In case of breach of elementary contractual obligations, the contractor will only be liable for foreseeable damages pertaining to the contract if caused by negligence, unless in case of customers’ claims for compensation for damages deriving from the injury to life, body and health.
(5) The restrictions on liability set forth in paragraphs 3 and 4 are also applicable to our legal representatives and persons assisting in the performing of obligations, if claims are made against them directly.
(6) The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
§ 7 Instructions on consumer's right of revocation
Right of revocation:
You have the right to revoke your declaration of intent within 14 days without any specification of reasons in written form (e. g. letter, facsimile, e-mail) or – if the goods are ceded to you before expiry of this period of time – also by return of the goods. The period of time begins at the point of time when you have been informed in text form, but does not commence prior to the date of receipt of the goods by the receiver (in case of recurrent deliveries of goods of similar type not prior to the date of receipt of the first partial shipment) and also not prior to the date of the fulfillment of our information requirements under the terms of Article 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Act to the Civil Code (IACC) and our duties under the terms of § 312e para. 1 s. 1 German Civil Code in conjunction with Article 246 § 3 IACC. To comply with the time limit, dispatch in good time is sufficient.
Notice of revocation is to be made to: PILS GmbH, Seewiesenstr. 25, 71334 Waiblingen, Germany; e-mail: email@example.com; facsimile: +49 (0) 7151 1671094
Consequences of revocation:
In case of effective revocation, mutually received benefits are to be returned and any returns received (e. g. interest) are to be released.
If the benefits and usage (e. g. amenity and advantage of using) received by you cannot be returned or ceded or can only be returned or ceded in part or can only be returned or ceded in a deteriorated state, you will be required to compensate us to that extent for damages incurred or decrease in value. For decrease in value of goods and benefits received you will only be required to compensate insofar as the benefits or decrease in value can be ascribed to handling of the goods in a manner exceeding inspection of properties and functionality. "Inspection of properties and functionality" is taken to mean testing and trialf of respective goods in a manner possible, for instance, in a shop.
If goods can be returned by parcel, return shipments will be at our risk. You will have to bear the regular costs for the return shipment if the delivered goods comply with the goods ordered and if the price of the goods to be returned does not exceed 40 Euros or if the price of the goods to be returned exceeds 40 Euros and you have, at the time of delivery, not rendered compensation or partial payment contractually agreed upon. Otherwise, return shipments will be cost-free. If goods cannot be returned by parcel, they will be retrieved from your address. Obligations of reimbursement have to be fulfilled within 30 days. The period of time for reimbursement will commence upon giving notification of revocation or sending back the goods for you, upon receipt of goods for us.
End of instructions on consumer's right of revocation.
§ 8 Postage and packing costs when exercising right of revocation
If you as customer exercise your right of revocation (cf. Instruction on Customers’ Right of Revocation), you will have to bear regular postage and packing costs if the price of the goods to be returned does not exceed 40 Euros incl. Value Added Tax or if the price of the goods to be returned exceeds 40 Euros and you have, at the time of revocation, not rendered compensation or partial payment contractually agreed upon. Otherwise, return shipments will be cost-free.
§ 9 Final provisions
(1) If you have no general place of jurisdiction in Germany or you move your place of business outside Germany, or your residence is unknown, the place of jurisdiction for any and all possible disputes based on our business relations is Stuttgart, Germany. Compulsory legal provisions regarding exclusive venue remain unaffected.
(2) If single provisions of these GTC are or become invalid, the validity of the other provisions is not affected.