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General terms and conditions of business
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 (Pakumo Cargobike Mobility, owner Marko Rieger) via the website www.pakumo.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 CONCLUSION OF THE CONTRACT (1) The subject of the contract is the sale of goods. (2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the terms and conditions stated 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<< abgelegt. Über die entsprechende Schaltfläche in der Navigationsleiste können Sie den > >Shopping Cart<< aufrufen und dort jederzeit Änderungen vornehmen. Nach Aufrufen der Seite > >Cash register<< und der Eingabe der persönlichen Daten sowie der Zahlungs- und Versandbedingungen werden abschließend nochmals alle Bestelldaten auf der Bestellübersichtsseite angezeigt. Soweit Sie als Zahlungsart ein Sofortzahl-System (z. B. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) nutzen, werden Sie entweder in unserem Online-Shop auf die Bestellübersichtsseite geführt oder Sie werden zunächst auf die Internetseite des Anbieters des Sofortzahl-Systems weitergeleitet. Erfolgt die Weiterleitung zu dem jeweiligen Sofortzahl-System, nehmen Sie dort die entsprechende Auswahl bzw. Eingabe Ihrer Daten vor. Abschließend werden Sie zurück in unseren Online-Shop auf die Bestellübersichtsseite geleitet. Vor Absenden der Bestellung haben Sie die Möglichkeit, hier sämtliche Angaben nochmals zu überprüfen, zu ändern (auch über die Funktion > >back<< des Internetbrowsers) bzw. den Kauf abzubrechen. Mit dem Absenden der Bestellung über die Schaltfläche > By >buying<< you declare your legally binding acceptance of the offer, whereby the contract is concluded. (4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days. (5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and in particular that it is not blocked by spam filters.
§ 3 SPECIAL AGREEMENTS ON OFFERED PAYMENT METHODS
(1) SEPA Direct Debit (Core and/or B2B Direct Debit): When paying by SEPA Core Direct Debit or SEPA B2B Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The deadline for sending the pre-notification is reduced to five days before the due date. You are obligated to ensure that sufficient funds are available in your account by the due date. In the event of a returned direct debit due to your fault, you will be responsible for the applicable bank fee.
§ 4 RIGHT OF RETENTION, RESERVATION OF TITLE
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following applies in addition: a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring the goods as security is not permitted before ownership of the reserved goods has been transferred. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount; we accept the assignment. You are also authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves. c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 WARRANTY
(1) The statutory liability for defects applies. (2) As a consumer, you are requested to check the item 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 have no effect on your statutory warranty claims. (3) If you are a business owner, the following applies, deviating from the above warranty provisions: a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the item, but not other advertising, public praise, or statements by the manufacturer. b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy of the defect fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortened period does not apply: - to damages culpably caused by us resulting from injury to life, body or health and to other damages caused intentionally or through gross negligence; - to the extent that we fraudulently concealed the defect or provided a guarantee for the quality of the item; - to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness; - to statutory recourse claims that you have against us in connection with warranty rights.
§ 6 CHOICE OF LAW
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. IDENTITY OF THE SELLER
Pakumo Cargobike Mobility
Owner: Marko Rieger, Heisenbergstraße 73, 3104 Paderborn-Schloß Neuhaus, Germany, 16 59 71 30, Phone: 49 (0) 1575 0110344
E-Mail: marko.rieger@pakumo.de
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at >http://ec.europa.eu/odr.
2. INFORMATION ON THE CONCLUSION OF THE CONTRACT
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of the "Conclusion of the Contract" section 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 save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, 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 quote requests outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICES
The essential characteristics of the goods and/or services can be found in the respective offer.
5. PRICES AND PAYMENT METHODS
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes. 5.2. The shipping costs are not included in the purchase price. They can be accessed 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, unless free shipping has been promised. 5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (credit transfer or exchange rate fees), which you must bear. You are also responsible for any money transfer costs incurred in cases where delivery is made to an EU member state but payment was made outside the European Union. 5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. 5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. DELIVERY CONDITIONS
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. 6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, 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 entrepreneur or another person designated to carry out the shipment. If you are a entrepreneur, delivery and shipping are at your own risk.
7. STATUTORY LIABILITY FOR DEFECTS IN GOODS
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
8. INSTRUCTIONS FOR BATTERY DISPOSAL
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following: As the end user, you are legally obliged to return used batteries. You can return old batteries that we have or have had in our range as new batteries free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning: The symbol of the crossed-out garbage bin means that the battery must not be disposed of with household waste. Pb = Battery contains more than 0.004 percent lead by mass Cd = Battery contains more than 0.002 percent cadmium by mass Hg = Battery contains more than 0.0005 percent mercury by mass Please note the above information.
24.10.2024
