General terms and conditions
§ 1 Applicability, definitions of terms
(1) Consumer AD GmbH, Kirchstraße 8, 56235 Ransbach-Baumbach, Germany, Germany (hereinafter: "we", "us" or "PSA-Partner.de") operates an online store for goods under the website https://psa-partner.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) We conclude contracts via this web store exclusively with entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial, freelance or otherwise independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and incur liabilities. With his order in our store, the customer assures that he acts in his entrepreneurial capacity in the aforementioned sense.
(3) We do not conclude contracts with consumers in the sense of § 13 BGB (German Civil Code), i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to all contracts concluded between us and our customers via our online store at https://psa-partner.de.
(2) Our product presentations on the Internet are non-binding / subject to change. They do not represent a legally binding offer, but are to be understood as an invitation to the customer to make a legally binding offer to us to conclude a purchase contract.
(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the appropriate button (e.g. "Add to cart", "Add to shopping bag" or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
- Completion of the order by pressing the button "Buy now". This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address, but no later than the unconditional acceptance and payment of the goods by the customer.
(4) In case of conclusion of the contract, the contract is concluded with Consumer AD GmbH, Kirchstraße 8, 56235 Ransbach-Baumbach, Germany, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and, if applicable, the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online store, the subject of the contract is the sale of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.
(2) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(3) All offered products are ready for immediate shipment (delivery time: 3-7 days after receipt of payment), unless clearly stated otherwise in the product description.
(4) Delivery is made worldwide.
§ 5 Right of Retention, Retention of Title
(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of cancellation; Cancellation option / Cancellation conditions
(1) Since we conclude contracts via this store exclusively with entrepreneurs within the meaning of § 14 BGB (see § 1 para 2), we do not grant a right of withdrawal on the purchased goods. Contracts between us and entrepreneurs are generally binding and must be fulfilled.
(2) In individual cases, we are prepared to allow a customer to cancel a contract concluded with us if the customer accepts our following cancellation conditions:
- The customer must first request the desired cancellation by email to us. We are then free to decide whether we accept the cancellation or not. We will make a decision on this within three working days and notify the customer by email. If we do not answer the customer within three working days, the cancellation is considered rejected. If the customer does not request the cancellation, but simply sends the goods back to us without consultation, we can also make the customer a cancellation offer. If the customer does not accept this within three working days, the purchase contract remains unchanged.
- The cancellation fee amounts to 50% of the contractually agreed net purchase price and is in turn subject to the currently valid German sales tax.
- In the event of cancellation, the customer must first return to us at its own expense all goods already delivered to it under the cancelled contract.
Only complete deliveries can be cancelled. The goods must be complete and in the (usually as new) condition in which we delivered them to the customer.
The return must be made promptly. If we receive the goods back later than five working days after acceptance of the cancellation (date of sending the corresponding email), we are no longer bound to the cancellation, but can decide for ourselves whether we still accept the cancellation or whether the original purchase contract applies again. - After timely receipt of the returned goods, we will immediately inspect the goods. If the goods are in condition, we shall either reduce our invoice to the customer in accordance with No. 2 above or - if the customer has already paid us for the goods - refund the purchase price to the customer less the cancellation fee.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes in particular our duty to act and to fulfill the contractually owed performance, which is described in § 3.
§ 8 Contract language
Only German is available as the contract language.
§ 9 Warranty
(1) The goods sold by us are subject to the statutory liability for defects (warranty).
(2) We limit the warranty period for delivered as-new items to 12 months. We exclude the warranty for used items.
§ 10 Final Provisions/Dispute Resolution
(1) German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us shall be our registered office.