AND NOW FOR THE LEGAL
P & T – Paper & Tea GmbH
Telefon: +49 30 555 798 010
Jens de Gruyter
TERMS & CONDITIONS
§ 1 SCOPE
These terms and conditions contain the only conditions applicable to the P & T – Paper & Tea GmbH (HRB 139849B) (hereinafter: P & T) for the ordering of goods from the online store “P & T” that need not be by written agreements between the Purchaser and P & T be changed. Terms not otherwise be part of the contract without the express objection of P & T itself in the event of delivery.
§ 2 CONCLUSION OF CONTRACT
2.1. The items offered in the online shop are not legal binding purchase offer but an invitation to submit tender offers by the buyer, dar.
2.2. By clicking the “Terms” at the end of the ordering process, the customer makes a binding offer to purchase pursuant to § 145 BGB. In case of acceptance of this offer P & T sent an order confirmation by e-mail to the purchaser of the e-mail address.
§ 3 PRICES AND SHIPPING COSTS
3.1. All prices on the website include VAT.
3.2. Shipping costs are in addition to carry to the prices of the buyer and may be accessed via a link on the website by the customer. You will also be clearly identified before making the binding order.
§ 4 DELIVERY
4.1. Delivery dates and times are only binding if they are confirmed in writing by P & T.
4.2. Delivery dates can only be met if the buyer has complied with his obligations (eg timely performance of the purchase price). In case of subsequent changes and additions wishes of the buyer, the delivery time will be extended. The delivery deadline is met if, before its expiration shipped the goods or the goods are ready to be provided to buyers.
4.3. As far as P & T provides non-delivery of the goods or non-conforming, the buyer P & T has set a grace period for effecting the performance. Otherwise, the buyer is not entitled to rescind the contract.
4.4. Even with agreed deadlines and dates can not be held due to force majeure, P & T Delivery and service delays. Force majeure war, riot, act of God, action in the context of labor disputes, strikes or lockouts, raw material or energy shortages and unavoidable operating or transport interruptions such as power failure, fire, water ingress or transport debilitating weather conditions apply. This applies even if the above conditions occur at the upstream of P & T, or P & T will not even supply the fault despite appropriate contracts that would have covered the created by the agreement with the buyer needs. In this case, P & T is entitled to postpone the delivery or performance by the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract not yet fulfilled completely or partially.
4.5. P & T is entitled to make partial deliveries, unless this is unreasonable for the buyer. A withdrawal by the buyer from the contract because of partial delay or partial impossibility is only permitted if the partial performance for the buyer is demonstrably without interest.
§ 5 PAYMENT
5.1. The buyer has the option to make payment by credit card, Paypal and instant transfer.
PayPal is an online payment service PayPal (Europe) S.à rl & Cie., S.C.A. The use of advance requires that the buyer has a customer account at PayPal, in which his bank or credit card details are stored. If the buyer has selected the payment method “PayPal”, it is forwarded to PayPal after ordering. There, the buyer logs in with his email address and password given by him to his PayPal account and confirm the payment. The buyer will receive a payment confirmation from PayPal via email. PayPal debits the account with the appropriate purchase price and transfers it to the seller’s account by P & T. For more information, visit www.paypal.de.
§ 6 RETENTION OF TITLE
The goods until full payment is owned by P & T. If the buyer is paying more than 10 days in arrears, P & T has the right to rescind the contract and recover the goods.
§ 7 RIGHT OF WITHDRAWAL
The buyer has a right of withdrawal. With regard to the requirements and legal consequences of withdrawal referred to in Annex Conditions.
§ 8 WARRANTY
8.1. Unless the goods are defective, the buyer is entitled under the statutory regulations to demand supplementary performance, withdraw from the contract or reduce the purchase price.
8.2. The limitation period of warranty for the goods provided is in legal transactions with consumers two years from receipt of the goods. Compared to shoppers who are not consumers, the limitation period for warranty claims is one year.
8.3. For transactions with merchants, the buyer must examine the shipment immediately upon arrival transport and other damage and make us of any damage or loss immediately by written notification stating the exact facts of communication. The provision of § 377 HGB shall additionally apply. In this case, the defective items delivered are in the state in which they reside at the time of discovery of the defect to keep available for inspection by us.
8.4. A return of goods has – if the buyer is a company or legal person of public law – be made free house. For checking unfair or incomplete return of faulty goods, P & T can be a processing fee of 50.00 EUR (incl. VAT.) Collect or specific bill. A processing fee is waived if the sale and delivery of the goods by P & T are not passed since six months. The compilation of the processing fee is the buyer of the rebuttal subject that is actually a lower damage.
8.5. If the delivered goods are defective or becomes defective within the agreed warranty period by manufacturing or material defects, P & T provides for buyers who are not consumers, at its option replace or repair works. Are regular buyers who are not consumers, at least two attempts reasonable.
8.6. If the repair or replacement after a reasonable period fails, the purchaser can demand either a reduction in payment or cancellation of the contract by the statutory requirements.
8.7. While performing a repair of the expiry of the limitation period is suspended.
8.8. Guarantees are only if descriptions of the goods have been expressly designated as a guarantee in writing.
§ 9 LIMITATION OF LIABILITY
9.1. P & T is fully liable for damages resulting from injury to life, body or health, based on a negligent breach of duty on his part, as well as damages based on an intentional or grossly negligent breach of duty by the P & T.
9.2. In the event of slight negligence, P & T is liable only if it has breached a contractual obligation (cardinal obligation). Breach of a contractual duty P & T is only liable for foreseeable harm. With essential contractual obligations (cardinal obligations) are such contractual obligations the fulfillment of which allows the execution of the contract and on which the buyer relies and may rely. Typical, foreseeable damages are those which fall under the protection of the purpose of each injured contractual standard.
9.3. The liability rules also apply to vicarious agents of P & T. The liability under the product liability law remains unaffected.
9.4. Data communication over the Internet can not be guaranteed error free and / or available at any time after the current level of technology. P & T is not liable, in the continuous and uninterrupted availability of our online shop.
§ 10 NEWSLETTER
P & T offers a free newsletter service. In this newsletter we provide our subscribers with contemporary and historical tea topics, best brewing practices, updates on latest product releases and special sales. Optional customer surveys help us improve this service, making sure our customers are the first to know about new products or services, and only receive the information relevant to them.
In order to subscribe to our newsletter, either check the box “Sign up for our newsletter” during check-out, or submit and confirm your email address in the sign-up box on the P & T website.
Subscribing to the newsletter is only possible via “double-opt-in.” This means newsletter subscriptions are only valid after confirming an opt-in e-mail that will be sent to your e-mail address.
Every newsletter e-mail contains information on how to unsubscribe.
§ 11 FINAL PROVISIONS
10.1. It is only the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (UNCISG) dated 11.04.1980, the Uniform Sales Act (ECG) and the Uniform Law degree purchase (EKAG) do not apply.
10.2. Place of performance and exclusive place of jurisdiction for all disputes arising from contracts with companies and legal persons of public law to which these terms and conditions are based is, is Berlin. Appendix:
CONSUMER INFORMATION AND CONDITIONS
If you order goods in our online shop, we would like to point out the following:
(1) The funds available for the contract languages are German and English.
(2) The contract will not necessarily stored by us and may not necessarily be called upon completion of the order process. You can print immediately after sending the order data, however.
(3) The essential characteristics of the products offered by us and the validity limited offers to the individual product in our online store found.
(4) The presentation of our goods is a non binding offer dar. Only the order of goods by you is a binding offer according to § 145 BGB. In case of acceptance of this offer we will send you an order confirmation via email. Thus, the purchase agreement is concluded between you and us.
(5) Any input error when placing your order, you can identify and correct using the delete and change function before sending the order at any time at the final confirmation before checkout.
(6) If the goods you have ordered are not available, we reserve the right not to provide the service.
(7) The purchase price is payable with the order. The payment of goods is at your choice by credit card, PayPal or online bank transfer.
(8) You have a right of withdrawal:
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, email) or – also by returning the thing – if the goods before the deadline expires. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
P & T – Paper & Tea GmbH
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (eg interest) surrendered. Can you give us the performance received and benefits (eg benefits of use) or in part, or only restitute it in a deteriorated condition, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By “testing the properties and functioning” refers to the testing and trying out the goods, as it is possible and customary in a retail store. Transportable items are to be returned at our cost and risk. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of cancellation policy
DISCLAIMER OF LIABILITY
P & T does not take liability that the information provided on www.paperandtea.com is complete, accurate and always current. This applies also to all links cited on this website, either directly or indirectly.
P & T is not responsible for the contents of websites which are pointed out, directly or indirectly. The responsibility of persecution by criminal or civil law lies with the provider.
DATA PROTECTION NOTICE
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