General Terms and Conditions
Supplier:
PROCAPO Vertriebs GmbH & Co KG
Industriestr. 100
D-66802 Überherrn
E-Mail: info@procapo.de
Local court Saarbrücken HRA 11457
Personally liable partner
PROCAPO Geschäftsführungs GmbH
Local court Saarbrücken HRB 100966
Place of jurisdiction Saarbrücken
Managing directors Mirco Betz, Timm Dirla
VAT ID DE 814 317 848
- hereinafter referred to as “PROCAPO” -
1. general/applicability
These General Terms and Conditions apply to all deliveries and services provided by PROCAPO, insofar as they are included in the contract and are not expressly regulated otherwise in the text of the offer.
2. regulations and information on the conclusion of the contract
a) General
All representations on PROCAPO's Internet pages merely constitute a non-binding invitation to the customer to submit offers.
b) Technical steps leading to the conclusion of the contract and conclusion of the purchase contract when ordering via the online store
To order one or more items via the online store, the items must first be marked for ordering by clicking on the “shopping cart” link or button. In the “shopping cart” (which you can reach at any time via a link in the store offer) you will then be guided through the ordering process, in which each step is explained and the required information is requested.
The order process is completed when the customer finally clicks on “order for a fee”.
This constitutes the customer's offer to conclude the contract, which PROCAPO can accept within two working days.
Acceptance of the offer by PROCAPO takes place - after sending an order confirmation - by separate order confirmation or delivery of the goods.
The purchase contract is concluded upon acceptance by PROCAPO.
Notwithstanding the above, the contract is already concluded before the order confirmation is sent if either the order confirmation contains a request for payment or if the payment process is initiated and completed during or immediately after completion of the order process.
c) Conclusion of contract when ordering by telephone, e-mail, fax or letter
If expressly offered in the online store, the contract is concluded when the customer places an order by telephone, e-mail, fax or letter as follows:
The customer declares verbally or in writing his binding intention to purchase precisely named articles of the offer in the online store. This constitutes the customer's offer to conclude the contract, which PROCAPO may accept within five days of receipt.
PROCAPO accepts the offer by sending the delivery confirmation or delivering the goods. This concludes the purchase contract.
d) Storage and access to the contract text
PROCAPO saves the text of the contract and sends the customer the order data and the terms and conditions of the contract by e-mail. This gives the customer the opportunity to retrieve the contractual provisions upon conclusion of the contract and to save them in a reproducible form. Access to the contract texts stored at PROCAPO - with the exception of the freely accessible GTC - is only possible for registered customers via the customer account.
e) Recognition and correction of input errors
In order to recognize and prevent input errors during the ordering process, the customer is shown an overview page for checking before the order becomes effective, with the help of which he can check all details of the order and correct the data entered in the input fields himself or by using the “Back” button of the Internet browser.
f) Available languages
The contract language is German.
3. prices and terms of payment
The prices displayed at the time of the order shall apply. Packaging and shipping costs, if any, will be charged additionally and will be indicated to the customer in good time. In the case of orders from abroad, it cannot be ruled out that your bank or country may charge unknown costs or taxes, such as (import) duties or payment processing fees. These are not costs that are paid or invoiced.
PROCAPO accepts all payment methods indicated on the website and issues the customer with an invoice for the ordered goods, which is sent to the customer in text form at the latest upon delivery of the goods.
The total purchase price of the ordered goods is payable depending on the payment method selected.
4. packaging and shipping costs
Packaging and shipping costs, if charged, will be communicated to the customer in good time before the order process is initiated.
5 Delivery and delivery times
The goods are delivered to the customer by third-party providers (delivery services).
The delivery times can be found either in the product description or in the separate shipping information available in the store.
Partial deliveries are possible if the customer
a) has been informed of this possibility and the resulting consequences for the right of withdrawal in our cancellation policy and
b) does not clearly have no interest in them or they are reasonable for him. Reasonableness is given if
- the partial delivery can be used by the customer for the contractually intended purpose,
- the delivery of the remaining ordered goods is ensured and
- the customer does not incur significant additional work or additional costs as a result or the seller agrees to bear these costs.
The costs for transportation and packaging, if any, shall only be charged once for partial deliveries.
6 Transfer of risk
If the customer is an entrepreneur, i.e. if he acts in the exercise of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
In all other cases, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over, irrespective of the shipping method selected.
7 Exclusion or premature expiry of the right of withdrawal
The right of revocation does not exist if the customer is exercising their commercial or independent professional activity when concluding the contract and is therefore acting as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).
Furthermore, the right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- for consumers, if the order is placed from a country that is not a member of the European Union and the shipment is made to a country that is not a member of the European Union.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
8 Warranty, guarantee
There is a statutory right to liability for defects, in this respect the statutory periods apply. If a guarantee is stated in the offer, the statutory liability for defects remains unaffected.
9 Retention of title
All deliveries are subject to retention of title. The delivered goods remain the property of PROCAPO until the purchase price has been paid in full.
10. procedure for dealing with complaints, dispute resolution procedure
PROCAPO's procedure for dealing with complaints complies with the requirements of professional diligence. Accordingly, should the customer wish to make a complaint, he can do so in writing or verbally using any of the means of communication and addresses/numbers listed here. Prompt processing is guaranteed.
It should be noted that PROCAPO is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. information on the packaging ordinance
It is pointed out that PROCAPO is affiliated to an approved dual system in accordance with the legal requirements.
12. place of jurisdiction, choice of law
The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of PROCAPO if the customer is a merchant, a legal entity under public law or a special fund under public law.
The contracting parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection afforded to him by the mandatory provisions of the country in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his habitual residence shall apply.