General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply between us, the

PROZONE GmbH als salesperson,

epresented by the Managing Director Dipl.-Kfm. Alexander Eisele,

Mainzer Straße 97
DE-65189 Wiesbaden

Phone: (+49) 02166 4523995

E-Mail: service@pickupzubehoer.de

and

You as our customer for all contracts concluded via our online shop www.pickupzubehoer.de for the purchase of goods.

(2) With regard to the General Terms and Conditions, the version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

(3) Deviating contractual conditions of the customer shall not be accepted unless we expressly agree to them in writing.

(4) If references are made to the applicability of legal regulations, these are only of clarifying importance. Even without such a clarification, the statutory provisions shall apply unless they are directly modified or expressly excluded in these General Terms and Conditions.

(5) You can use our services both as a consumer within the meaning of § 13 BGB and as an entrepreneur within the meaning of § 14 BGB. According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their commercial or independent professional activity.

(6) This version of the Terms and Conditions applicable to your contract can now be accessed via our website (www.pickupzubehoer.de/de/content/3-AGB) call up and print out and/or save. For this purpose, this page can be saved via the browser and/or printed out immediately. For the rest, § 3 clause 8 of the General Terms and Conditions applies.

§ 2 Customer Account, Registration, Account Deletion

(1) An order is possible with or without prior registration.

(2) Registration on our website www.pickupzubehoer.de, creating a customer account and logging into it are free of charge. To protect against misuse of your data, you must "activate" your customer account for successful registration. To do this, we will send an e-mail with an activation link to the e-mail address on which the registration is based. We will then confirm the successful creation of your customer account by e-mail -Mail If the customer account is not activated within 7 days, the data you have provided will be automatically deleted.

(3) There are no claims to the use, technical availability or further development of our website. Claims to contractual execution and processing of current orders remain unaffected.

(4) You are obliged to provide truthful information in your customer account and to update your personal data accordingly if you wish to (continue to) use our range of services.

(5) Passing on your login data to third parties is not permitted. You are obliged to treat this data confidentially and to prevent unauthorized use by third parties to a reasonable extent.

(6) Each customer may only have one customer account at a time. In the event that a customer maintains additional accounts with us, we reserve the right to delete all secondary accounts opened after the first registration and to exclude the customer from using our range of services.

(7) Orders and purchases are processed regularly only via the automated ordering process in our online shop or by e-mail. For e-mail correspondence, we use the e-mail address you provided when ordering. For this reason, you are obliged to ensure that this e-mail address is correct and that you can regularly check your e-mails received via this address. Since it is unavoidable that your system can also move our e-mails to the spam folder, we advise you to check this regularly for e-mails from us. 

(8) Both you and us can delete the customer account at any time without notice and without giving reasons. For this purpose, it is necessary to send an e-mail to service@pickupzubehoer.de via the e-mail address on which the customer account is based, which clearly states the intention to delete the account. Legal relationships that are still to be settled remain unaffected by this. This applies in particular to orders that have already been placed and not yet completed.

(9) As part of the deletion of the customer account, your personal data generated here will also be deleted if you have submitted a request to this effect and statutory storage obligations do not stand in the way, or if the data is no longer required to fulfill the purpose for which it was stored, or if their storage is not permitted for other legal reasons. The application is to be sent to the address given in § 1.

§ 3 Conclusion of contract

(1) The presentation and promotion of articles in our online shop is not a legally binding offer to conclude a purchase contract acc. § 433 BGB. Rather, they constitute an invitation to the customer to make a binding offer for the selected goods by sending the order to us.

(2) You can use the ordering process integrated in our online shop to submit an offer. By completing the ordering process via the online shop, you are submitting a binding offer by clicking on the "Buy" button, which is aimed at concluding a purchase contract.

(3) We will immediately confirm receipt of your order placed via our online shop by an automated e-mail ("order confirmation"). Such an e-mail does not constitute a binding acceptance of the order on our part, unless we also declare acceptance in it in addition to confirming receipt.

(4) We can accept the offer within five days. This period begins on the day after submitting your offer and ends at the end of the fifth day. The contract can come about alternatively through:

·         our payment request, after submitting your order;

·         our declaration of acceptance in text form via fax or e-mail ("order confirmation"), whereby the receipt of the order confirmation by you is decisive;

·         the delivery of the ordered goods, whereby it depends on the receipt of the ordered goods by you.

In the event that more than one of these alternatives is given, the contract is concluded when the first alternative in terms of time is fulfilled.

If we do not accept the offer in a timely manner, this will be deemed a rejection of your offer, to which you are then no longer bound.

(5) If you select the PayPal payment method from the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") for your order, you are submitting a payment order to PayPal when you submit your order . In this case, we already declare acceptance of your offer at the moment when you trigger the payment process by clicking on the "Buy" button.

(6) If you select the payment method “Sofortüberweisung” from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, for the purchase, you will be forwarded to the SOFORT GmbH payment form after submitting your order. After a successful transfer, you will then receive confirmation of the transfer made, which we will also receive as a credit at this point. In this case, we already declare acceptance of your offer at the moment when you trigger the payment process by clicking on the "Buy" button.

(7) The text of the contract with the details of your order and the terms and conditions will be sent to you on a durable medium (e-mail or paper printout) after you have sent your order. In addition, we save the text of the contract in compliance with data protection. As a registered customer, you have the option of calling up the text of the contract in your customer account (under "Your orders") free of charge.

(8) The contract is concluded in German.

(9) The submission of an offer on our website is not permitted, with the result that a contract cannot be concluded if

·         the customer is not of legal age or has full legal capacity at the time the purchase offer is submitted;

·         a billing and/or delivery address outside the European Union or Switzerland is stored on our website.

(10) Before sending your order, which is binding for you, you have the opportunity to check and, if necessary, change the order details in addition to your personal details, the billing and delivery address and the selected payment method.

§ 4 Delivery, Delivery Restrictions

(1) Delivery takes place within Germany and in countries of the European Union.

(2) The goods will be shipped to the delivery address you specified in the order processing, unless otherwise agreed.

(3) The specific shipping costs to be paid for your order depend on the scope and/or weight as well as the destination country for the shipment of your ordered goods. They can be found in the information provided in the product presentation. The total cost of shipping the goods will be shown to you before sending your order. You can also find (www.pickupzubehoer.de/de/content/1-versand) the information required to calculate the shipping costs.

(4) The delivery time for your ordered goods depends on the information in the respective product description.

(5) The following applies to the calculation of the deadline for delivery:

In the case of payment in advance, the delivery period begins on the day after the payment order has been issued to the transferring credit institution. For other payment methods, the period begins on the day after conclusion of the contract. The delivery period ends in all cases with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognised by the state at the place of delivery, such a day shall be replaced by the next working day.

(6) The delivery of several goods takes place in one shipment. In this case, the delivery time is determined by the item with the longest delivery time from your order.

(7) If the product you ordered is temporarily unavailable, we will inform you immediately in the order confirmation. If delivery is delayed for more than two weeks, you have the right to withdraw from the contract. Any payments already made will be refunded immediately. The statutory right of withdrawal (§ 8 of the GTC) for consumers remains unaffected by this.

(8) We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery by our contractual partners. This only applies in the event that we are not responsible for the non-delivery and that we have concluded a concrete covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. If this is not available or only partially available, we will inform you immediately and refund the consideration immediately.

(9) The delivery date for the manufactured and shipped goods can be found on the website of the respective supplier by entering the respective tracking numbers, which we will inform you after dispatch.

(10) If proper delivery to you is not possible, the transport company will send the goods back to us. If costs are incurred for the return shipment, these are to be borne by you. This does not apply if you have effectively exercised your right of cancellation, or if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the service offered, unless that we had announced the service to you in advance in a reasonable time.

(11) If you as an entrepreneur order goods from us for shipping, the risk of accidental loss and accidental deterioration of the ordered goods passes to you as soon as we have handed over the goods to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment . 

(12) If you as a consumer order goods from us for shipping, the shipping risk (according to the law) lies with us. Therefore, the risk of accidental loss and accidental deterioration of the ordered goods only passes to you or a person authorized to receive the goods when they are handed over to you. This does not apply if you commission the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment and you have not named this person or institution to us beforehand. In this case, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we hand over the ordered goods to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.

§ 5 Receipt/delivery of goods, delay in acceptance

(1) If you choose to pick up the goods from our office during the ordering process ("Pay when picking up the goods"), we will inform you by email when the goods you ordered are ready. Pick up the goods according to the telephone agreement, and the telephone number is (+49) 02166 4523995.

(2) The goods will only be handed over against full payment of the purchase price.  

(3) § 4 clauses 7 and 8 apply accordingly.

§ 6 Retention of title

(1) The delivered goods remain our property until the purchase price has been paid in full.

(2) In the case of contracts with entrepreneurs, we reserve title to the delivered goods until all claims from an ongoing business relationship have been settled in full. As an entrepreneur, you are entitled to resell the reserved goods in the ordinary course of business. However, you assign all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to us in advance. You remain authorized to collect the claims even after the assignment. Our authority to collect the claims ourselves remains unaffected. However, we will not collect the claims as long as you meet your payment obligations to us, are not in default of payment or have not filed for the opening of insolvency proceedings.

§ 7 Prices and terms of payment, set-off and right of retention

(1) Our prices in our online shop are final prices and already include the statutory value added tax. They are exclusive of delivery and shipping costs. Details can be found at (www.pickupzubehoer.de/de/content/1-versand).

(2) Payment can be made by PayPal, prepayment by bank transfer, immediate transfer or cash on collection.

(2.1.) The payment of the purchase price including shipping costs is due immediately after the conclusion of the purchase contract, with the exception of the payment method "cash payment on collection".

(2.2.) In the case of "cash payment on collection", the purchase price is to be paid when the goods are handed over on the collection date. In the event that the customer has not picked up the goods within 7 working days after the end of the collection date, he will receive an invoice from us with a payment term of 10 days.

(2.3.) In the case of payment in advance by bank transfer, payment of the purchase price including shipping costs is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

(2.4.) The prerequisite for paying with PayPal is that the customer opens a PayPal account or already has one. If your payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, you will also find PayPal's terms of use(https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) Application. You can access these as part of the ordering process and you must confirm them before submitting your purchase offer.

(2.5.) You can also pay by immediate transfer, an online payment system based on online banking with PIN/TAN entry to process your online purchases from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. For this you need account number, bank code, PIN and TAN. After submitting your contract offer, you will be automatically forwarded to the SOFORT GmbH payment form. After a successful transfer, you will then receive a transaction confirmation. At that moment we receive the transfer credit.

Basically, every internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with PIN/TAN procedure. Please check in advance whether your bank supports this service. Information can be found e.g. unde https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/.

(3) Offsetting against our claims is only permissible if your counterclaims have been legally established or are undisputed. Offsetting against our claims is also possible if you assert complaints or counterclaims from the same purchase contract.

(4) A right of retention can only be asserted if your counterclaim stems from the same purchase contract.

§ 7 Warranty

(1) Ordered goods may deviate slightly from the displayed goods within the scope of reasonable.

(2) We are liable for material and/or legal defects of delivered articles in accordance with the applicable legal regulations.

(3) Deviating from Ziff. 2 The following applies to entrepreneurs:

·         In principle, an insignificant defect does not justify any claims for defects;

·         The limitation period for defects in new goods is one year from the transfer of risk;

·         Bei gebrauchten Waren sind die Rechte und Ansprüche des Käufers wegen Mängeln grundsätzlich ausgeschlossen;

·         The statute of limitations does not begin to run again if a replacement delivery is made as part of the liability for defects;

·         The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

(4) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(5) The Seller shall not give any legal guarantees to the Customer unless such guarantees have been expressly agreed upon. In the cases in which we provide a seller's guarantee for certain items or manufacturer's guarantees are granted by the manufacturers of certain items, these shall be in addition to any claims resulting from material or legal defects within the meaning of this provision. Details of the scope of such guarantees shall be given in the terms and conditions of the guarantee which may accompany the articles.

(6) In the event that you are a merchant within the meaning of § 1 HGB, you shall be subject to the obligation of commercial investigation and notification pursuant to § 377 HGB. If the statutory notification obligations are not met, the goods shall be deemed approved.

(7) We ask consumers to check the ordered goods for obvious transport damage upon delivery, to acknowledge receipt of the goods on the delivery note from the deliverer and to document any complaints therein. If you, as a consumer, do not comply with this request, this has no effect whatsoever on the assertion of your contractual or non-contractual defect rights. In this case, you can of course contact us directly using the above contact details.

§ 8 Revocation

Consumers are generally entitled to a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy of the seller at (www.pickupzubehoer.de/de/content/3-AGB).

§ 9 Liability

(1) In all cases of contractual and non-contractual liability in the event of intent and gross negligence, this is determined according to the statutory provisions for damages or compensation for wasted expenses. The same applies to our legal representatives and vicarious agents employed by us.

(2) In cases of simple negligence, we are only liable - unless otherwise regulated in Section 3 of this provision - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 3 of this provision.

(3) Our liability for damage resulting from injury to life, limb or health, according to the Product Liability Act and in the case of the assumption of a guarantee, remains unaffected by the above limitations of liability or exclusions of liability.

§ 10 Force Majeure ("Force Majeure")

(1) If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riots, or similar events for which the seller is not responsible, e.g. strike or lockout, the deadlines are extended by the times during which the aforementioned event or its effects last for.

(2) The seller is liable for default in performance in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent as well as culpably caused injury to life, limb or health in accordance with the statutory provisions. Further claims of the buyer are excluded.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you as a consumer have your habitual residence in a country other than the Federal Republic of Germany at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in S. 1.

(2) The exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is our registered office in Düsseldorf, provided that you are an entrepreneur acc. § 14 BGB, merchant within the meaning of the German Commercial Code, legal entity under public law or special fund under public law. In the above cases, however, we are entitled to appeal to the competent court in accordance with the statutory provisions.

Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected by this.

(3) The contract remains effective in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

(4) According to EU Regulation No. 524/2013 on online dispute resolution in consumer matters, since January 9, 2016, consumers have the option of settling disputes with entrepreneurs in connection with online sales contracts or online service contracts out of court via an online arbitration board. platform (OS platform) to be enclosed. This platform was set up by the EU Commission and can be accessed via the following link: https://ec.europa.eu/consumers/odr/. We are currently not obligated and do not participate in such dispute resolution. If you have any questions or problems with your order, we are of course available for you at service@pickupzubehoer.de.

Datenschutz

We process all data processing operations (e.g. collection, processing and transmission) in accordance with the statutory provisions. Your data necessary for business processing will be stored and passed on to service providers commissioned by us to the extent necessary for order processing. For third-party marketing purposes, only such data is passed on for which this is legally permitted (generally published and certain data summarized in lists in accordance with § 28 Para. 3 Nr. 3 a.F. and § 47 No. 2 n.F. Federal Data Protection Act as well as § 28 Para. 3 S.2 and S.4 n.F. Federal Data Protection Act).

You can object to the use, processing and transmission of your personal data for marketing purposes at any time by sending an informal message by post or by sending an email to service@pickupzubehoer.de. However, this does not apply to the data required to process your order. After receiving your objection, we will no longer use, process and transmit the data concerned for purposes other than processing your order and will stop sending you advertising material, including our catalogues.

Use of Facebook Remarketing

This website uses the remarketing function “Custom Audiences” from Facebook Inc. (“Facebook”). This function is used to present interest-based advertisements (“Facebook Ads”) to visitors to this website when they visit the social network Facebook. For this purpose, the Facebook remarketing tag was implemented on this website. This tag is used to establish a direct connection to the Facebook servers when you visit the website. It is transmitted to the Facebook server that you have visited this website and Facebook assigns this information to your personal Facebook user account. You can find more information about the collection and use of data by Facebook and your rights in this regard and options for protecting your privacy in Facebook's data protection information at https://www.facebook.com/about/privacy/. Alternativ können Sie die Remarketing-Funktion „Custom Audiences“ unter https://www.facebook.com/settings/?tab=ads deactivate. You must be logged in to Facebook for this.