Terms & Conditions
GENERAL TERMS AND CONDITIONS
General terms and conditions of sale
General terms and conditions of sale of Pantarey GmbH
§ 1 Scope & Defense Clause
(1) These general trading conditions apply exclusively to the legal relations between Pantarey GmbH and the customer.
(2) Deviating general terms and conditions of a customer are not taken into account.
§ 2 Conclusion of the contract
(1) By sending an order via the Internet shop under express recognition of these terms and conditions, the customer makes a binding offer to conclude a sales contract for the goods contained in the shopping cart.
(2) After receipt of the order by Pantarey GmbH, the customer receives a confirmation with the details of the order. This does not yet represent an acceptance of the contract offer by Pantarey GmbH.
(3) The sales contract only comes into effect with the dispatch of the goods and a second e-mail with confirmation of dispatch and invoice.
§ 3 Retention of title
The delivered goods remain the property of Pantarey GmbH until full payment has been made.
§ 4 Payment and due date
(1) Payment of the purchase price is due upon conclusion of the contract.
(2) The purchase price can be paid by credit card or direct debit.
§ 5 Warranty
(1) The customer's warranty rights shall be governed by the general statutory provisions unless otherwise specified below.
(2) The limitation period for warranty claims of the customer is 2 years if the customer is a consumer. The limitation period for entrepreneurs is 1 year.
(3) The above shortening of the limitation period does not apply to claims for damages by the customer due to injury to life, limb or health as well as claims for damages due to a breach of essential contractual obligations. It shall also not apply to claims for damages which are based on an intentional or grossly negligent breach of duty by Pantarey GmbH, its legal representatives or vicarious agents. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation period for entrepreneurs.
§ 6 Prices and shipping costs
(1) The prices stated in the order shall apply.
(2) All prices include the statutory value added tax at the applicable rate.
(3) For the dispatch of goods within Germany, a flat rate of 6.90 euros will be charged.
(4) For the dispatch of goods in EU member countries, a flat rate of X.XX euros will be charged.
§ 7 Exclusion of liability
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability shall also apply to the legal representatives and auxiliary agents of Pantarey GmbH if the customer asserts claims against them.
(2) Excluded from the exclusion of liability are claims for damages due to injury to life, limb and health and claims for damages due to the violation of essential contractual obligations. The exclusion of liability does not apply to damages which are based on an intentional or grossly negligent breach of duty by Pantarey GmbH, its legal representatives or auxiliary agents.
§ 8 Prohibition of assignment and pledging
The assignment or pledging of claims or rights against Pantarey GmbH is not allowed without the express consent of Pantarey GmbH, unless the customer can prove a justified interest in the assignment or pledging.
§ 9 Offsetting
Pantarey GmbH shall only be entitled to set off claims if the claim for set-off has been legally established or is undisputed.
§ 10 Choice of law and place of jurisdiction
(1) The contractual relations between Pantarey GmbH and the customer shall be governed by the laws of the Federal Republic of Germany and, if applicable, by the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and Pantarey GmbH is Laufen/Obb., provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 11 Severability clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Right of withdrawal
You have the right to withdraw from the contract concluded with Pantarey GmbH within 14 days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods. If you have ordered several goods which are delivered separately, the period begins on the day on which you or a third party named by you who is not the carrier took or took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us:
Obere Bahnhofstraße 15
83457 Bavarian Gmain,
phone no.: +49-8651-9059004
Fax number: +49-8651-9004390
of your decision to withdraw from the contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post).
In order to comply with the withdrawal period, the notification of the exercise of the right of withdrawal must be sent before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from the contract, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your withdrawal from the contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund before we have received the Goods back or before you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the withdrawal from the Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to improper or unnecessary handling of the goods for testing their condition, properties and functionality.