§ 1 General
(1) These General Terms and Conditions (in the following: "GTC") of
Headquarters: Operating facility/Production/Sales
Fischofer Weg 8 Mühlhofer Hauptstraße 7
D-91154 Roth D-90453 Nürnberg
are applicaple to all orders placed in the online shop www.protect-laserschutz.de (in the following “Online Shop “)
All services, offers and deliveries that PROTECT - Laserschutz GmbH provides for customers are based on the following General Terms and Conditions of the provider. You have the possibility to view, print and save the GTC in a printable form during the order process. The currently valid version can also be accessed at www.protect-laserschutz.de.
(2) All agreements made in connection with your order are set out conclusively in the purchase contract concluded by both parties, the GTC and our order confirmation by e-mail. With placing your order, you agree to the validity of the GTC valid at the time of the order. Due to the system, the shopping basket and the text of the contract are not saved. However, you are free to print out the relevant website during the ordering process using the print function of your browser.
(3) PROTECT-Laserschutz GmbH does not acknowledge terms and conditions that are contrary to or deviate from our terms and conditions.
§ 2 Contract-Forming and Contract-Language
(1) Illustrations and presentation of the products in the provider's online shop are for product display purposes only and do not constitute a legally binding offer. The customer is merely invited to make an offer by placing an order.
(2) You are making a binding offer when you have completed the ordering process in our online shop by entering the relevant information and the click on the order button in the last step. The data entered during the order process can be changed at any time until the order process is completed. By this, the customer acknowledges the General Terms and Conditions of the supplier.
(3) The confirmation of the receipt of the order is effective together with the acceptance of the order by an automatised e-mail. With this automatised e-mail confirmation of the purchase contract is bindingly concluded.
(4) As a corporate customer, we will also accept your binding order by e-mail and confirm the receipt and content of your order to you by e-mail afterwards. A valid e-mail address for your corporate customer account is required for this. § Section 3 paragraph 2 sentence 2 of these GTC regarding the acceptance of your order and the conclusion of a contract will apply accordingly.
(5) The language of the contract is set as German.
§ 3 Statutory right of withdrawal
(1) Consumers are granted a statutory right of withdrawal, which shall be explained in the following. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) The following withdrawal policy applies in relation to goods that can be returned normally by post (parcel):
Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without specifying any 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 received the goods, and thereby taken them into possession.
To excercise your right of withdrawal, you must inform PROTECT (Protect-Laserschutz GmbH, Mühlhofer Hauptstraße 7, D – 90453 Nürnberg, Tel-No.: +49 (0) 911 9644 31-0, Fax: +49 (0) 911 964431-181, E-Mail: firstname.lastname@example.org) via an unequovical statement (sent by post, E-Mail or Fax) about your decision to revoke the made contract. Therefore we offer, but not bind you to,the attached >>Withdrawal form<<. To comply with the period of withdrawal, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all your received payments, including delivery fees (with the exception of additional costs, resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract.
This refund will be processed with the means of payment, provided by you in the initial transaction, exceptions to be made, if differing agreements have been made with you, individually. You will not be charged any fees for the repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have returned the goods, the earlier of the two dates above.
Mühlhofer Hauptstraße 7
You are liable for the direct costs of returning the goods. You must return or hand over the goods to us without delay but no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the specified fourteenday period.
(3) Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of non-prefabricated goods for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the individual needs of the consumer. This applies in particular to goods that are individually customised at the customer's request or marked differently from the standard marking.
§ 4 Customer Info: Note of correction
You can change or delete your entries at any time during the ordering process. If you want to cancel the ordering process completely, you can also simply close your browser window. On an overview page at the end of the ordering process, you also have to check your entries once again. After clicking the order button, your order becomes binding.
§ 5 Customer Info: Storage of the contents of the contract
We store the contract text with details of the purchased item on our systems and send you the order data by e-mail to your provided e-mail address. You can also see the orders you have already placed after logging in to your account.
§ 6 Prices, payment terms
(1) The prices stated in the particular offer at the time of placing the order shall apply to all orders. The prices quoted include the applicable German statutory value-added tax and other price components and do not include shipping costs. The current shipping costs and further details on the shipping fees can be found in the information in the shop/the particular offer. You will be informed about the amount of the shipping fees during the ordering process.
(2) The complete price, including additional price components, statutory VAT and shipping costs, is to be paid by the customer to the supplier in accordance with the selected method of payment. Possible payment methods are, payment in advance via bank transfer, www.paypal.de, Saferpay or payment by cash on delivery.
§ 7 Delivery
Unless otherwise stated in the offer, the goods will be delivered within 1 - 2 working days after receipt of payment.
If we are unable to deliver the ordered goods through no own fault of because the upstream supplier was unable to fulfill contractual obligations, or if the goods ordered by you are not available for a period of at least one month due to force majeure, we may withdraw from the purchase contract. We will inform you without delay in the event of such delivery problems. In the event of a withdrawal in accordance with this paragraph, we will immediately reimburse you for any payments already made. Your statutory claims remain unaffected in all other respects.
§ 8 Reservation of ownership
The goods continue to be the property of PROTECT-Laserschutz GmbH until payment has been made entirely.
§ 9 Warranty
(1) The statutory warranty law of the German Civil Code (§§ 437 ff. BGB) applies to the delivery of our goods.
(2) For customers, who are commercial traders, the warranty period is limited to 12 months. Excluded from the above provision are claims for damages, claims due to defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. The statutory limitation periods shall apply to these excluded claims.
§ 10 Liability
(1) The liability of the Provider for damage to the Customer caused by intentional or gross negligence on the part of the Provider or its vicarious agents, for personal injury and damage under the Product Liability Act shall be unlimited in accordance with the statutory provisions.
(2) Unless the provider is liable on the basis of an assumed guarantee, liability for claims for damages is limited as follows: The provider shall only be liable for damages caused by slight negligence to the extent that these are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner could rely. The liability of the provider for simple negligence according to this regulation is limited to the typically foreseeable damage.
(3) The above limitation of liability does not apply to damages resulting from injury to life, limb or health, for which the provider has unlimited liability in accordance with the statutory provisions.
(4) The provisions of the preceding paragraphs shall apply accordingly also to a limitation of the obligation to compensate for futile expenses (§ 284 BGB)*.
(5) The above limitations of liability shall also apply in favour of the Provider's vicarious agents.
(6) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online shop.
§ 11 Screen Representation
The pictures used to describe the goods are examples. They do not necessarily represent the article in question, but are for illustration purposes only. Various articles are also available in different colours. Depending on the screen used, colours and sizes in particular may appear to be different.
(1) We collect, process and store personal information (e.g. title, name, address, e-mail address) exclusively in accordance with applicable laws, in particular the German Federal Data Protection Act (BDSG) and the German Data Protection Regulation (DS-GVO) as well as the German Telemedia Act (TMG).
§ 13 Final Clauses
(1) The law of the Federal Republic of Germany shall be applicable to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a resident of the European Union, the law of the country in which the customer is resident may also apply if it is a matter of mandatory consumer protection provisions.
(2) If any provision of these GTC is or becomes legally invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The same applies insofar as the GTC contain an unforeseen omission.
*BGB= German Civil Code