General terms and conditions and customer information
Table of contents:
A. General terms and conditions
- Scope of application
- Conclusion of contract
- Prices and terms of payment
- Liability
- Applicable law
B. Customer information
- Information on the identity of the provider
- Information on the essential characteristics of the goods or services
- Information on the conclusion of the contract
- Information on payment and delivery
- Information on the technical steps leading to the conclusion of the contract
- Information on the storage of the contract text
- Information on the technical means for recognizing and correcting input errors
- Information on the languages available for the conclusion of the contract
A. General terms and conditions
1. Scope of application
1.1 these terms and conditions of prüfdienst24 js gmbh (hereinafter referred to as “vendor”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) concludes with the vendor with regard to the goods and/or services presented by the vendor in its online store or website. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 a consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2. Conclusion of contract
2.1 the customer may submit the offer by telephone, in writing, by fax or by e-mail
2.2 the supplier may accept the customer’s offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or – in the case of an order for goods – also by delivering the goods within five days. The supplier is entitled to refuse to accept the order. Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the provider can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.
2.3 all agreed delivery periods apply to an entrepreneur subject to correct and timely self-delivery in cases in which the provider has concluded a specific covering transaction and is not responsible for the lack of availability.
3. Prices and terms of payment
3.1 the prices quoted by the seller are net prices excluding value added tax. Any additional costs incurred will be indicated separately in the respective item description in the offer.
3.2 the vendor offers the following payment options, unless otherwise specified in the respective product or service description:
- prepayment by bank transfer
- delivery on account
- cash payment on delivery
If advance payment has been agreed, payment is due immediately after conclusion of the contract.
If the payment method delivery on invoice is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The supplier reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative.
4. Liability
4.1 the provider shall be liable without limitation for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, in the event of fraudulent intent and warranty promises and if liability is based on mandatory statutory provisions, such as the product liability act.
4.2 otherwise, the provider shall be liable as follows, irrespective of the legal grounds:
4.2.1 if the provider has negligently breached a material contractual obligation (so-called cardinal obligation), the obligation to pay compensation for material damage is limited to the foreseeable, typically occurring average damage. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which the customer may regularly rely.
4.2.2 if the provider has negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the order value
5. Applicable law
5.1 the law of the federal republic of germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
5.2 if the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. The same applies if the customer has no general place of jurisdiction in germany or the eu, or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.
5.3 the contractual language is german.
Customer information
1. Information on the identity of the provider
Prüfdienst24 JS GmbH · Karl-Elsasser-Str.1 · 12347 Berlin
Tax number: 29/480/32622 · FA Körperschaften III
HRB 264227 B · local court Berlin Charlottenburg
Managing director: Tobias Jabbusch
Tel.: 030 60 96 86 86 · fax: 030 60 96 86 82 · E-Mail: info@pruefdienst24.de
2. Information on the essential characteristics of the goods or services
The essential characteristics of the service are set out in the respective description posted by the provider
3. Information on the conclusion of the contract
The contract is concluded in accordance with section 2 of the provider’s general terms and conditions (see above).
4. Information on payment and delivery
Payment shall be made in accordance with clause 4 and delivery in accordance with clause 5 of the provider’s general terms and conditions (see above)
5. Information on the technical steps leading to the conclusion of the contract
The contract is concluded by written order and acceptance.
6. Information on the storage of the contract text
The contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these terms and conditions and customer information.
7. Information on the technical means of recognizing and correcting input errors
Before submitting a binding order, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
8. Information on the languages available for the conclusion of the contract
German language is available for the conclusion of the contract only.
