General Terms and Conditions
General Terms and Conditions and Customer Information
Table of Contents:
A. General Terms and Conditions
1. Scope of Application
2. Conclusion of the Contract
3. Return Shipping Charges when Exercising the Right of Revocation
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Liability for Defects
8. Liability
9. Applicable Law
B. Customer Information
1. Information on the Seller’s Identity
2. Information on the significant Characteristics of the Goods or Services
3. Information on the Conclusion of the Contract
4. Information on Payment and Delivery
5. Information on Technical Steps leading to the Conclusion of the Contract
6. Information on Storing the Wording of the Contract
7. Information on the technical Tools for Recognizing and Correcting input Errors
8. 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 the company Plessmann Trading GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between the Customer and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2. Customers pursuant to Section 1.1 are both consumers and entrepreneurs, whereas consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity and entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Conclusion of the Contract
2.1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
2.2. The Customer may submit the offer in writing, by fax, e-mail or by the online order form integrated into the Seller’s online shop. When placing an order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping cart after entering his/her personal data and by clicking the button “place order” during the final step of the ordering process.
2.3. The Seller may accept the Customer’s offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation, or by delivering the goods within five days. The Seller reserves the right to refuse the order.
2.4. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer’ responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Return Shipping Charges when Exercising the Right of Revocation
Should the Customer have the right of revocation, he/she is obliged to bear the standard return shipping charges when exercising the right of revocation provided that the price of the returned goods does not exceed an amount of 40 Euros, or, in case of a higher price of the goods, the Customer has not made payment in full or in parts at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the Seller bears the return shipping charges.
4. Prices and Payment Conditions
4.1. All prices indicated by the Seller are final prices which means that they include any price components including the German legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2. For deliveries within Germany the Seller offers the following payment methods, unless otherwise specified in the respective product description:
Prepayment by
• money transfer
• credit card (Visa, MasterCard, American Express)
direct debit (not until the 3rd order for resellers)
4.3. If international dispatch is additionally offered for the respective product, the Customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:
Prepayment by
• money transfer
• credit card (Visa, MasterCard, American Express)
direct debit (not until the 3rd order for resellers)
4.4. For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.
4.5. If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.6. When choosing the payment option credit card the credit card account of the Customer will be debited immediately after placing the order.
4.7. The Customer may only exercise a right of retention provided the claims are based on the same contractual relationship.
5. Shipment and Delivery Conditions
5.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated during the Seller’s order processing shall be applicable.
5.2. Should delivery to the Customer not be possible, the assigned transport company returns the goods to the Seller and the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer hereby exercises his/her right of revocation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Customer for a reasonable time in advance about the service.
5.3. The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer upon delivery of the goods to the Customer or to an authorised recipient. Should the Customer be an entrepreneur (acting in pursuance of his commercial or self-employed professional activity, Section 14 German Civil Code, BGB), the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
5.4. For entrepreneurs all stipulated delivery deadlines subject to correct and timely self-delivery shall apply in cases, where the Seller has closed a concrete hedging transaction and is not responsible for the missing availability.
6. Reservation of Proprietary Rights
Until complete payment the delivered goods shall remain the property of the Seller.
7. Liability for defects
Should the object of purchase be deficient, statutory provisions shall apply.
Deviating thereof, the following shall apply:
7.1. Vis-à-vis entrepreneurs
• a marginal defect shall generally not constitute claims for defects.
• the Seller may choose the type of subsequent performance.
• for new goods, the limitation period for defects shall be one year from transfer of risk
• for used goods, rights and claims for defects are generally excluded.
• the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
7.2. For consumers the limitation period for claims for defects shall be
• for new goods, two years from delivery of goods to the Customer
• for used goods, one year from delivery of goods to the Customer with the limitation of Section 7.3.
7.3. For entrepreneurs and consumers, the preceding limitations of liability and the restrictions of limitation periods in Section 7.1 and Section 7.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 8.
7.4. Furthermore, for entrepreneurs the statuary limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same shall apply for entrepreneurs and Consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
7.5. If the Customer is a businessman pursuant to Section 1 of the German Commercial Code (HGB) he/she has the commercial duty to examine and notify defects pursuant to Section 377 HGB. Should the Customer neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.6. If the Customer is a consumer, he/she is requested to complain about goods with apparent transport damages to the supplier and to inform the Seller. Should the Customer fail to comply therewith, this shall not affect its statutory or contractual claims for defects.
7.7. Should supplementary performance be rendered by means of replacement delivery, the Customer is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller’s expense. For return shipment of deficient goods statuary provisions shall apply.
8. Liability
8.1. The Seller shall be unreservedly liable on any legal ground for loss of life, bodily injury and damage to health, in case of intent or gross negligence, fraud and promise of guarantee and if liability results from mandatory statuary provisions such as the German Product Liability Act (Produkthaftungsgesetz).
8.2. Furthermore the Seller shall be liable regardless of the legal ground as follows:
8.2.1. Provided the Seller negligently infringes a significant contractual duty (so called cardinal obligation), the liability to pay damages shall be limited to the foreseeable, typically occurring average damage. Significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and where performance thereof facilitates the correct performance of the contract in the first place and where the Customer may continuously rely on their compliance.
8.2.2. Provided the Seller negligently infringes an insignificant contractual duty, the liability to pay damages shall be limited to the order value.
9. Applicable Law
9.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his/her habitual residence.
9.2. If the Customer is a businessman, a legal entity of public law or a public special estate, the court of jurisdiction for all legal disputes arising from this contract shall be at the Seller’s place of business. The same applies if the Customer does not have a general court of jurisdiction or place of residence in Germany or the EU, or if the typical place of residence is not known at the time legal action is commenced. The right to go to court at a different court of jurisdiction remains unaffected hereof.
9.3. The contractual language is German.
B. Customer Information
1. Information on the Seller’s Identity
Plessmann Trading GmbH
Gutermannstr. 7, 72160 Horb am Neckar, Germany
tel.: +49 (0)7451 5557970, fax +49 (0)7451 5557971
Ust-ID (VAT): DE272277109
HRB 734234, district court Stuttgart,
Managing director: Rainer Plessmann + Max Plessmann
2. Information on the significant Characteristics of the Goods or Services
The significant characteristics of the goods or services result from the respective product description presented by the Seller.
3. Information on the Conclusion of the Contract
The contract shall be concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4. Information on Payment and Delivery
Die Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the General Terms and Conditions of the Seller (see above).
5. Information on Technical Steps leading to the Conclusion of the Contract
The contract is concluded by offer and acceptance.
5.1. Should the Customer use the Seller's online order form for his/her order, he/she submits his/her offer as follows:
5.1.1. On the Seller’s web page where the range of products is presented, the Customer in the first step clicks the “Add to shopping cart” button. A new page then opens displaying the contents of the shopping cart.
5.1.2. The Customer in the second step then, or after he/she placed other goods into the virtual shopping cart, clicks on the “Checkout” button. Has the Customer not yet been registered or logged in, a new page opens. On this page and as intermediate step, the Customer needs to either register and open a customer account or login if he/she is already registered as a Customer. Should he/she already be a registered Customer, he/she fills in the “E-mail address” and “Password” fields and afterwards clicks the “Login” button. Should he/she not yet be registered as Customer, he/she clicks the “Continue” button. He/she then fills out the form and clicks the “Continue” button. Then a new page opens displaying the invoice address and delivery address providing an opportunity to edit the addresses or to add additional addresses.
5.1.3. Immediately after editing or adding addresses, the Customer in the third step then clicks on the “Continue” button.
5.1.4. A new page opens displaying dispatch methods.
5.1.5. In the next step the Customer clicks on the “Continue“ button. A new page opens which summarizes the payment method.
5.1.6. In the next step the Customer places a check mark clicking “I accept your general terms and conditions”. The Customer clicks the “Continue” button.
5.1.7. In the last step the Customer clicks on the “Finish Purchase” button.
5.2. The Seller accepts pursuant to Section 2.3 of the General Terms and Conditions of the Seller (see above).
6. Information on Storing the Wording of the Contract
The contract text is stored by the Seller and is sent to the Customer after dispatch of the order in addition to the General Terms and Conditions and Customer Information in writing (e.g. e-mail, fax or letter). In addition, the contract text is archived on the Seller's website and can be recalled free of charge by the Customer through his/her password protected customer account by entering the respective login information, provided the Customer has created a customer account in the Seller's online shop before dispatching his/her order.
7. Information on the technical Tools for Recognizing and Correcting input Errors
Prior to the binding submission of the order, the Customer may continuously correct his/her entries using the standard keyboard and mouse functions. Furthermore, all entries will be displayed once again in a confirmation window prior to the binding submission of the order and may be corrected there using the standard keyboard and mouse functions.
8. Information on the Languages available for the Conclusion of the Contract
The German language is exclusively available for the conclusion of contract.
