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GTC

General Terms and Conditions

 

 

  1. Scope of application

 

    1. These General Terms and Conditions (hereinafter referred to as the "GTC") set out the terms and conditions applicable between you and us for the GenXtreme online shop.

      Provider of the GenXtreme online shop is:

 

PPE Stores GmbH
Sudetenstr. 7 
87600 Kaufbeuren

Tel.: +49 8341 96793-70

Fax: +49 8341 96793-99

E-Mail: info@genxtreme.de

 

(hereinafter referred to as "we" or "us")

 

    1. Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.


 

  1. Distinction between entrepreneurs and consumers


    1. Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point in these GTC.



    2. "Consumer" within the meaning of these GTC is, in accordance with the legal definition in § 13 of the German Civil Code, any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

 

    1. "Entrepreneurs" within the meaning of these GTC are, in accordance with the legal definition in § 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.


 

  1. Customer Account

    1.  To place an order via the online shop, you can open a customer account or a guest account. No access data is required for a gues account. This account is only valid for one order and is automatically deleted after 30 days. When creating an account, correct and complete information must be provided. Third party data may not be used without their consent. Multiple registrations are not permitted.

 

    1. You are obligated to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorised use of your access data.


 

  1. Payment Methods

    1. Klarna

      In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

      • Invoice: The payment period for Germany is 14 days from dispatch of the goods/tickets or, in the case of other services, the provision of the service. You can find the invoice conditions here.

      The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy


 

  1. Conclusion of Contract


    1. The presentation of our goods on the website does not constitute a binding offer on our part. Only the order of the goods by you is a binding offer to conclude a corresponding contract. To place an order, your place the selected goods in the shopping basket, go through the rest of the ordering process on the website and enter the information requested there. Before sending the order, you will be shown an overview with your order data. There you check all order data again and correct them if necessary. Only when you send the order by clicking the button "order with obligation to pay" do you make a binding offer to us to conclude a contract. After we have receivced your order, we will immediately send you an order confirmation. The contract is concluded with this order confirmation.


    1. The contractual language is English.


 

  1. Storage of the contractual provisions


    1. The contractual provisions are contained in part in the order overview, which is displayed in the last step of the order, and in part in these General Terms and Conditions. We store these contractual provisions. You can print or save the aforementioned documents for your part by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The contractual privisions, including the General Terms and Conditions, are also included in the order confirmation e-mail that we send you once we accept your order.


 

  1. Delivery disruptions

    1. Reservation of self-delivery: If an ordered item is not available because we are not supplied by our supplier through no fault of our own despire the supplier's contractual obligation, we shall be entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and reimburse any services already rendered without delay.

 

    1. Force majeure: If we are not responsible for a delay in delivery, such as in the case of energy shortages, import difficulties, traffic disruptions, strikes or force majeure, the performance period shall be extended accordingly. If we are still unable to perfom after a reasonable extension, both the customer and we are entitlted to withdraw from the contract.


 

  1. Retention of Title

 

    1. The product delivered by us remains our property (reserved goods) until payment has been fully made.

 

    1. We retain title to the goods subject to retention of title until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer's request insofar as the value of our securities exceeds the claims to be secured by more than 10%; we shall select the securities to be released.

 

    1.  The customer is entitled to resell the goods subject to retention of title to a third party in the ordinary course of business; however, they hereby assign to us all claims arising from the resale.


 

  1. Claims of defects (Warranty)

 

    1. Applies vis-à-vis consumers:

          The statutory warranty provisions apply to our warranty obligations.

    1. Applies vis-à-vis entrepreneurs:

      If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code, they must inspect the goods immediately upon receipt. We must be notified in writing of any recognisable defects immediately upon receipt of the goods or - if the defect only becomes apparent later - immedeiately upon discovery. The timely dispatch of the notification shall be sufficient to preserve the customer's rights. If this is not done, the goods shall be deemed to have been approved. This shall not apply if we have fraudulently concealed the defect.

      Insofar as there is a defect in the purchased item, we shall first provide a warranty by means of subsequent performance, at our discretion either in the form of rectification of the defect or a replacement delivery. If the subsequent performance has failed, the customer is entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.

      Claims of the buyer due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the purchaser which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.


 

  1. Limitation of Liability

        The following shall apply to any liability on our part for damages:

 

    1. In the vevent of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.

 

    1. In the event of damage to property and financial loss caused by negligence, we and our vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfilment is a prerequisite for the proper perfomance of the contract and on whose compliance the contractual partner may regularly rely.

 

    1. Liability is otherwise excluded, irrespective of its legal basis, except where we are compulsorily liable by operation of law, in particular due to the assumption of a guarantee or under the Product Liability Act.


 

  1. Rechtswahl, Gerichtsstand Choice of Law, Place of Jurisdiction

    1. Applicable law

      The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. In relation to a consumer, this voice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.

 

    1. Place of Jurisdiction

      The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office to our company (Kaufbeuren). However, we are entitled at our discretion to take legal action at the customer's registered office.


 

  1. Consumer arbitration

    1. You have the option of using the EU platform for the resolution of online disputes (ODR platform): https://ec.europa.eu/odr. We are not willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.