Terms of service
Terms and Conditions
Terms and Conditions of probrake GmbH.
DE- 79110 Freiburg
E -mail : firstname.lastname@example.org
WWW : www.probrake.de
Tel : 0761 / 42996026
Fax: 0761 / 42996028
Commercial Register: HRB 705969
district court Freiburg im Breisgau
Management: Klaudio Koncic
Tax number: 06448 / 41677
VAT- Id . Number: DE274215141
Terms and Conditions
§ 1 General, Scope
(1) The following terms and conditions ( Terms ) govern the contractual relationship between the probrake Ltd. and the consumers and entrepreneurs who use the Internet offer and other offers from probrake Ltd. (hereinafter referred to as "Buyer"). The terms and conditions apply to the use of the website www.stahlflex-shop.de , www.probrake.eu and www.probrake.de as well as all related sub-domains and all sales platforms such as Ebay or Amazon. Whichever is applicable at the time of concluding the contract valid version. The contract language is German or English.
(2) Customers within these conditions are natural persons who deal with the probrake Ltd. into a business relationship, without that this can be attributed to their commercial or independent professional activity. Entrepreneur for the purpose of these Terms and Conditions are natural persons and legal entities or partnerships with legal personality which interact with the probrake Ltd. into a business relationship in their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The offers of the probrake Ltd. on the Internet represent a non-binding invitation to the customer to order goods from the probrake Ltd.
(2) By placing an order to purchase goods on the Internet, the Customer makes a binding offer to conclude a contract of sale.
(3) The probrake Ltd. is entitled to accept this offer within 1 day by sending an order confirmation. The order confirmation is sent by email. After expiry of the period referred to in clause 1, the offer is rejected.
§ 3 Payment, due date, late payment
(1) Payment for the goods can be prepayment or cash on delivery. Payment by cash is possible only for shipping within Germany. We reserve the right to accept or exclude certain payment types.
(2) In the case of advanced payment the buyer agrees to pay the purchase price immediately after contract conclusion. When paying cash, the buyer agrees to pay the purchase price upon delivery of the goods. For payment on account, the buyer is obliged to settle the invoice within 14 days of receipt of goods. When paying by direct debit, the debit takes place within one week after the conclusion. When paying by credit card we will charge once by dispatch of the goods.
(3) If the buyer is in default of payment, he is responsible for any negligence. He is liable for the payment even for accident, unless the damage would have occurred with timely performance.
(4) The purchase price shall bear interest during the delay. The default charge rate for the year is five percentage points above the base rate. For transactions in which a consumer is not involved, the default charge rate is eight percentage points above the base rate .
(5) The assertion of further damage is not excluded.
§ 4 Delivery
(1) The purchased goods will be delivered to the address given by the customer.
(2) The Customer is liable to pay handling and shipping costs. For deliveries abroad, the price of packaging and dispatch is, unless otherwise indicated, calculated separately by weight. If the buyer is looking for a special type of shipment, he has to bear these additional costs.
(3) If the buyer acquires the purchased item for commercial or professional activity, the risk of accidental loss and/or accidental deterioration goes to him as soon as the probrake Ltd. has transferred the purchased item to the forwarder, carrier or otherwise specified person or institution to execute the dispatch, committed.
§ 5 Reservation of Ownership
The item-ownership remain to the probrake Ltd. up to the complete payment. A pledge, transfer, processing or transformation is permitted without the express consent of the probrake Ltd. before the transfer of the ownership.
§ 6 Prices
The price stated in the respective offer price for the purchased item is the final price including any applicable VAT and other price components. The price does not include shipping costs.
§ 7 Cancellation
(1) The probrake Ltd. is entitled to cancel the contract in respect of an outstanding part of the delivery or service, if false information about the creditworthiness of the purchaser has been supplied or reasons for the insolvency of the buyer have emerged, for example the opening of insolvency proceedings over the assets of the Buyer or the dismissal of such proceedings for lack of assets. The purchaser is granted to withdraw the option to make an advance payment or to provide a suitable security.
(2) Without prejudice to any claims for damages, in the case of partial withdrawal already contractually settle rendered part performance and pay.
§ 8 Cancellation, Withdrawal
Consumers can return the goods within two weeks without giving reasons in text form (eg. letter, fax, email). If not otherwise provided, the right of withdrawal does not apply to distance contracts for the delivery of goods that are produced according to customer specifications or clearly tailored to personal needs. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations according to § 312c par. 2 BGB in conjunction with § 1 Section 1.2 and 4 BGB- as well as our obligations according to § 312e Section 1 Clause 1 BGB in connection with § 3 BGB Information Regulations. The revocation period is sufficient to send the revocation or the goods.
The revocation must be sent to:
Reiterstr . 25
DE- 79100 Freiburg
Fax: +49 (0) 761/42996028
E -mail : email@example.com
§ 9 Consequences of cancellation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest ) surrendered. Can't you give us the performance received, whole or in part, or return them in a deteriorated condition, you must pay us a compensation for the value. In addition, you can avoid the obligation to pay compensation by not using the goods as your property and omitting everything, which impairs their value. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed 40,- EUR. Otherwise the return is free for you. Unpaid shipped will not be accepted. Any costs incurred will not be accepted. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the revocation or the goods, for us with their reception.
§ 10 Warranty
(1) Ensuring Consumers: a) The probrake Ltd.'s responsibility to ensure that the purchased item is free from defect upon delivery. If, within six months after delivery of the goods in a material defect is suspected that this was already defective upon delivery unless this presumption is incompatible with the nature of the goods purchased or defect. If the material defect after the expiry of six months, the buyer must prove that the defect existed at the time of the delivery the item. b) If the purchase is subject to faulty , the buyer has the choice of whether the remedy should take place by repair or replacement. The probrake Ltd. is entitled to refuse the type of post if it is only possible with disproportional costs and the other type of remedy without significant disadvantages for the buyer is possible. c) If subsequent performance fails, the purchaser at his discretion reduce the purchase price (reduction) or to cancel the contract (withdrawal), as well as damages may require. With only minor defects, the buyer has no right of withdrawal.
(2) Warranty for entrepreneurs a) If the purchase is for probrake Ltd. and purchaser, a commercial transaction, the buyer must inspect the goods immediately on quality and quantity variances and inform the probrake Ltd. of obvious defects within a period of one week from receipt of the goods, otherwise the assertion of the warranty claim is excluded. Latent defects have to be notified to the probrake Ltd. in writing within a period of one week from discovery. Timely shipment is enough to comply with the deadline. The buyer meets the burden of proof in this case, for all claims, especially for the defect itself, the time of discovery of the defect and for the timeliness of the complaint. b) In case of defects the probrake Ltd. will, at its option, repair or replace the goods.
(3) The claims of the buyer 's statutory limitation period of two years.
(4) If the probrake Ltd. returns a defect-free object for the purpose of remedy of purchase, the buyer may be required by the probrake Ltd. to return the defective purchase article.
(5) Damage caused by improper or contractual measures taken by the buyer during installation, connection , operation or storage , make no claim against the probrake Ltd..
§ 11 Limitation of Liability
(1) For other than by injury of life, body or health shall be liable probrake Ltd. only if such damages are based on intentional or grossly negligent acts or culpable violation of an essential contractual obligation by probrake Ltd. or its vicarious agents. Is a contractual obligation, the fulfillment of which allows for the proper execution of the contract and on whose compliance with the buyer. Any further liability for damages is excluded. Claims from a given of the probrake Ltd. guarantee, the quality of the purchased item and the Product Liability Act shall remain unaffected.
(2) Workshop, service, assembly or disassembly costs can not be claimed even if a product of probrake Ltd. is defective or not fitting. This applies to defects in the product as well as wrong delivery. It does not matter whether the fault is caused by the buyer or probrake Ltd..
(3) Given the current state of the art data communication over the Internet can not be guaranteed error free and/or available at all times. We are not responsible for the availability of our internet shop.
§ 12 Choice of Law and Jurisdiction
(1) Any dispute arising from this contract are subject to the laws of the Federal Republic of Germany. For consumers, this choice only insofar as the protection granted is revoked by mandatory provisions of the laws of the State in which the consumer has his habitual residence applies. The application of the CISG is excluded.
(2) If the buyer is a merchant, legal entity under public law or public law special fund, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seat of probrake Ltd.. The same applies if the customer has no general jurisdiction in Germany or the domicile or habitual residence at the time of action are not known.
§ 13 Severability clause
If any provision of these Terms is invalid or unenforceable, the remaining provisions of these Terms will remain unaffected thereof, unless a Party would be penalized as unreasonable the elimination of individual clauses that you can not reasonably be expected to adhere to the contract.
End of the General Terms and Conditions
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We have created our pages links to other sites on the Internet. By judgment of 12 May 1998 - 312 O 85 /98 - "Liability for Links " the Land court [German regional court] Hamburg decided that one has to answer by placing a link on the contents of the linked page. This can only be prevented by expressly distancing oneself from these contents. Therefore we dissociate ourselves from all contents of all linked pages on our website and we do not adopt their content. This declaration applies to all links placed on our website.
Copyright probrake Ltd.
End of the General Terms and Conditions