General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Proceanis GmbH) via the website www.proceanis.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts 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 are submitting a binding offer to you to conclude a contract under the conditions specified in the product 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 access 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 your personal data as well as the payment and shipping conditions, all order details are displayed again on the order overview page. If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken directly to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to review all information again, change it (also using the “back” function of your internet browser), or cancel the purchase. By submitting your order via the “order subject to payment” button, you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g. by email), which you can accept within 5 days.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Contract duration / Termination of subscription contracts
(1) The subscription agreement concluded between you and us has an indefinite term. The agreement can be terminated by either party with three weeks' notice to the end of the month (unless otherwise stipulated in the respective offer). Termination must be in written form (e.g., email).
(2) The right to terminate the contract without notice for good cause remains unaffected.
§ 4 Special agreements regarding offered payment methods
(1) SEPA Direct Debit (Basic and/or Business Direct Debit) When paying by SEPA Basic Direct Debit or SEPA Business Direct Debit, you authorize us, by issuing a corresponding SEPA mandate, to collect the invoice amount from the specified account. The direct debit will be collected within 5-15 days after conclusion of the contract. The deadline for sending the pre-notification is shortened to 5 days before the due date. You are obligated to ensure sufficient funds are available in the account on the due date. In the event of a chargeback due to your fault, you are responsible for the resulting bank fees.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to 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 warranty rights apply.
(2) As a consumer, you are requested to inspect 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. Failure to do so will not affect your statutory warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather 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 domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Seller's identity
Proceanis GmbH
Lohmühlenstraße 1
20099 Hamburg
Germany
Telephone: 040 / 609 416 570
Email: service@proceanis.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of “Formation of the Contract” in 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 contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have committed ourselves to the buyer seal quality criteria of Händlerbund Management AG and, consequently, 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 terms
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. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery terms, 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, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
8. Statutory warranty rights
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
9. Contract duration / Termination
Information on the contract duration and termination conditions can be found in the section “Contract duration / Termination of subscription contracts” in our General Terms and Conditions (Part I), as well as in the respective offer.
These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: http://www.haendlerbund.de/agb-service.
Last updated: December 7, 2017
