Terms and Conditons
Terms and Conditions
§ 1 Scope
These General Terms and Conditions (GTC) apply exclusively to the business relationship between PVG Plastverarbeitung Geyer GmbH, Krummeg 3-7, 66539 Neunkirchen (hereinafter referred to as PVG) and the customer. PVG does not recognise any terms and conditions that conflict with or deviate from these GTC and hereby expressly rejects them. Any conflicting terms and conditions of the customer are only valid if PVG expressly agrees to them in writing prior to conclusion of the contract. All purchase contracts are subject exclusively to the version of the following GTC valid at the time of the order. Delivery is within Germany.
§ 2 Contractual partners, conclusion of contract, correction options
The purchase contract is concluded with PVG Plastverarbeitung Geyer GmbH. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You can initially place our products in your shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you are submitting a binding offer for the products contained in the shopping basket. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted. We will accept your offer within two days by sending a declaration of acceptance in a separate email or, if applicable, by having the payment transaction carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see ‘Payment’). The alternative relevant to you depends on which of the listed events occurs first.
§ 3 Return shipping costs agreement, right of withdrawal, exclusion of the right of withdrawal
Cancellation policy
If you are purchasing as a consumer, i.e. the order is placed for a purpose that cannot be attributed to your commercial or self-employed professional activity, you have a 14-day right of withdrawal, which we will explain to you below:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (PVG Plastverarbeitung Geyer GmbH, Krummeg 3-7, 66539 Neunkirchen, fax: (0049) 6821 9148221, email address: service.pvg@pvg-direkt.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs, without delay and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period expires.
You bear the direct costs of returning the goods. For Austria, these costs are limited to the actual shipping costs paid.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To PVG Plastverarbeitung Geyer GmbH, Krummeg 3-7, 66539 Neunkirchen, Fax: (0049) 6821 9148221, Email address:
service.pvg@pvg-direkt.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Date
______________________________
(*) Delete as appropriate.
End of cancellation policy
If the ordered goods are no longer available from the respective supplier, PVG may withdraw from the contract if it has done everything in its power to fulfil the contract but has failed to do so. PVG will inform the customer of this circumstance immediately and refund any payments already made. In the event of withdrawal, the customer has the rights to which they are entitled by law.
Withdrawal is excluded if PVG is responsible for the reason for withdrawal. Statutory rights of withdrawal and rescission remain unaffected by this provision.
§ 4 Dispute resolution
1) The European Commission provides a platform for online dispute resolution (ODR), which can be found here https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
§ 5 Contract language, contract text storage
1) The contract language is German.
2) We do not store the complete contract text. Customers can save this electronically using the print function of their browser before submitting their order.
§ 6 Prices and payments
The prices at the time of ordering apply. All prices include the applicable statutory value added tax.
If the customer defaults on payment, PVG is entitled to charge default interest at a rate of 5% above the base rate per annum announced by the European Central Bank. If PVG can prove that it has incurred higher damages due to the default, PVG is entitled to claim these.
The following payment methods are generally available in our shop.
Prepayment: If you select the prepayment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal, PayPal Express: In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process. PayPal may offer registered PayPal customers selected according to its own criteria additional payment options in their customer account. However, we have no influence on the offering of these options; additional individually offered payment options affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
PayPal: In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information is available for each payment option and during the ordering process.
PayPal: To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. PayPal may offer registered PayPal customers selected according to its own criteria additional payment options in their customer account. However, we have no influence on the offering of these options; additional payment options offered individually affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Credit card via PayPal: Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you of the date on which your account will be debited (known as prenotification). Your account will be debited before the goods are dispatched.
Purchase on account via PayPal: Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Purchase on account via PayPal and Ratepay: Purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (‘Ratepay’).
§ 7 Delivery conditions
Delivery will be made to the delivery address in the United Kingdom specified by the customer. If no delivery address is specified, delivery will be made to the billing address.
PVG will make deliveries abroad in exceptional cases. For deliveries to countries other than the United Kingdom, additional taxes, customs duties and/or costs may apply which are not included in the prices. The customer shall bear these additional costs. The costs and conditions will be communicated on request.
If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase, or because the customer cannot be found at the delivery address provided, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery. This does not restrict the customer's right of withdrawal.
We do not deliver to packing stations.
In the case of freight forwarding deliveries, the freight forwarding company commissioned by us will contact you to arrange a delivery date. Delivery of the goods is limited to the transport and unloading of the goods at the first public kerb of the agreed delivery address. Unless otherwise expressly agreed, delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods.
§ 8 Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company. For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§ 9 Retention of title
The purchased item remains the property of PVG (reserved goods) until the purchase price has been paid in full. The customer may not dispose of goods subject to retention of title. If the customer nevertheless resells the goods before full payment has been made, they shall assign their claims against the third party to PVG.
§ 10 Warranty and limitation period for claims for defects
If the goods are defective, the buyer is entitled to their statutory rights. Product characteristics that are not specified are not part of the agreed quality. If the products do not have the agreed quality at the time of transfer of risk or are otherwise defective within the meaning of Sections 434 et seq. of the German Civil Code (BGB), PVG shall be entitled, in deviation from Section 439 BGB, to choose between remedying the defect or delivering a replacement. Manufacturers' warranty promises remain unaffected by these provisions. The warranty period is one year. It begins on the date of delivery. These limitation provisions only apply if PVG has not fraudulently concealed the defect.
§ 11 Liability
PVG's liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This does not apply in the event of injury to life, limb or health, breach of warranty, claims for breach of essential contractual obligations and compensation for damages caused by delay. In this respect, PVG is liable for every degree of fault.
§ 12 Grace periods
If the assertion of the customer's rights requires the setting of a reasonable grace period, this shall be at least two (2) weeks.
§ 13 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence remain unaffected. The General Terms and Conditions for Online Services of PVG remain unaffected by these General Terms and Conditions and are applicable in addition, if applicable.
If the customer does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or if his place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes shall be Neunkirchen/Saar.
Should individual provisions of this contract be invalid or contradict statutory provisions, this shall not affect the remainder of the contract.
PVG Plastverarbeitung Geyer GmbH
Krummeg 3-7
66539 Neunkirchen
Telephone: (0049) 6821 9148220
Fax: (0049) 6821 9148221
Email: service.pvg@pvg-direkt.de
Managing Director: Sven Eckhardt
Saarbrücken Local Court HR B 17928
VAT ID: DE 167636434