General terms and conditions and customer information

 

I. General Terms and Conditions

 

§ 1 Basic provisions

 

(1 ) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Proceanis GmbH) via the www.proceanis.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

 

(2 ) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

 

§ 2 Formation of the contract

 

(1 ) The subject of the contract is the sale of goods.

(2 ) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

 

(3 ) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online store on the order overview page. Before submitting the order, you have the option of checking all details again, changing them (also via the “back” function of the Internet browser) or canceling the purchase. By sending the order via the “Order with costs” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

 

(4 ) Your requests for a quotation are non-binding for you. We will send you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

 

(5 ) 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 Contract term / termination for subscription contracts

 

(1 ) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of 3 weeks to the end of the month (unless otherwise stipulated in the respective offer). Notice of termination must be given in text form (e.g. e-mail).

 

(2 ) The right to terminate the contract without notice for good cause remains unaffected.

 

§ 4 Special agreements on payment methods offered

 

(1) SEPA direct debit (basic and/or company direct debit) When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 5-15 days after conclusion of the contract. The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

 

§ 5 Right of retention, retention of title

 

(1 ) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

 

(2 ) The goods shall remain our property until the purchase price has been paid in full.

 

§ 6 Warranty

 

(1 ) The statutory liability for defects shall apply.

 

(2 ) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

 

§ 7 Choice of law, place of performance, place of jurisdiction

 

(1 ) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

 

(2 ) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

 

(3 ) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

 

II Customer information

 

1. identity of the seller

 

Proceanis GmbH
Lohmühlenstrasse 1
20099 Hamburg
Germany
Phone: 040 / 609 416 570
E-mail: service@proceanis.com

 

Alternative dispute resolution:

 

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

 

2. information on the conclusion of the contract

 

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

 

3. contract language, contract text storage

 

3.1. The contract language is German.

 

3.2. We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we have received your order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

 

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

 

4. codes of conduct

 

4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

 

5. essential characteristics of the goods or services

 

The essential characteristics of the goods and/or services can be found in the respective offer.

 

6. prices and payment modalities

 

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

 

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

 

6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

 

6.4. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

 

7. terms of delivery

 

7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

 

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

 

8. statutory liability for defects

 

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

 

9. contract term / termination

 

Information on the term of the contract and the terms of termination can be found in the “Contract term / termination for subscription contracts” provision in our General Terms and Conditions (Part I) and in the respective offer.

 

These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service.

 

last update: 12/07/2017