Terms of Service
1.1 The following terms and conditions apply to all orders via our online shop.
1.2 Orders can be placed by both consumers and entrepreneurs (hereinafter referred to as customer). The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
- Contractual partner, conclusion of contract, correction options
2.1 The purchase contract is concluded with:
Owner: Winfried Büth
Wewelsburger Straße 4
Commercial register: AG Paderborn
Tax ID number: DE288076371
2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog.
2.3 You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process.
2.4 By clicking the order button, you are placing a binding order for the goods in the shopping cart.
2.5 The seller can accept the offer within five days by sending the customer a written order confirmation in text form (via email). The receipt of the order confirmation by the customer is decisive.
2.6 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.7 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. The invoice is also sent by email. The customer agrees to an electronically transmitted invoice by submitting the order.
2.8 The contract language in Germany is German, in other countries German or English.
- Right of withdrawal
3.1 Verbraucher haben ein vierzehntägiges Widerrufsrecht
3.2 Consumers have the right to withdraw from the contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us poe-partner, Wewelsburger Straße 4, 33154 Salzkotten, firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post or email) about your decision to enter into this contract revoke, inform. You can use our sample withdrawal form, which you can find here, but which is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
3.3 If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
3.4 You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to us poe-partner, Wewelsburger Straße 4, 33154 Salzkotten or to viveroo GmbH, Wewelsburger Straße 4 , To send back or hand over to 33154 Salzkotten. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
- Prices and terms of payment
4.1 The list prices at the time of the order apply to the delivery. Unless otherwise stated in the seller’s offer, the prices given are final prices that include statutory sales tax.
4.2 There are various payment options available to the customer, which are referred to in this online shop.
4.4 If the bank transfer has been agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date. Once your payment has been credited to our accounts, the ordered products will be sent to you as soon as they are available.
4.5 A payment is only considered to have been made when the seller or a third party authorized by the seller can dispose of the amount.
4.6 Refunds of the purchase price are made as far as possible, using the same payment method as the payment was made by the customer to the seller. This does not apply to payment by cash on delivery. In this case, the refund will be made by transfer to the customer’s bank account.
- Delivery, shipping and transfer of risk
5.1 Orders and deliveries are generally possible in the countries that can currently be selected in the country selection of our online shop, provided that there are no legal regulations to the contrary. Should you wish a delivery to another country, we will try to help you further.
5.2 We deliver free of charge within Germany.
5.3 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When ordering via the seller’s online order form, the delivery address given in the online order form is decisive. Deviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately. Delivery delays caused by legal or official orders (e.g. import and export restrictions) and for which the seller is not responsible, extend the delivery period according to the duration of such obstacles. In important cases, the seller will notify the customer of their beginning and end immediately. The delivery can also be extended by the time until the customer has handed over all information and documents that are necessary for the execution of the order.
- Retention of title
6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
- Resignation in the event of a deterioration in assets
The seller can withdraw from the contract if the seller becomes aware of a suspension of payments, the opening of insolvency or court settlement proceedings, the rejection of insolvency due to lack of assets, bill or check protests or other specific indications of deterioration in the customer’s financial situation.
- Liability for defects (warranty)
8.1 The warranty rights are based on the statutory provisions, unless otherwise stated below. If the supplementary performance has been made by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 30 days. The return of the defective goods must take place in accordance with the statutory provisions. The seller does not assume any guarantee within the meaning of § 443 civil code for the specified quality of the goods. Any guarantees given by the manufacturer remain unaffected and are determined exclusively according to the guarantee declaration given to the customer with the goods. This also applies to warranty extensions via a third party that can be purchased in this online shop. Liability for normal wear and tear is excluded. The seller assumes no liability for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use, incorrect or negligent handling. This applies in particular to the operation of the objects with the wrong type or voltage of current and connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or network-related overvoltages, moisture of all kinds, incorrect or missing program software and / or processing data, unless the customer can prove that these circumstances are not are the cause of the reported defect.
8.2 If the customer acts as a merchant within the meaning of the commercial code, he is subject to the commercial inspection and notification obligation in accordance with § 377 of the commercial code. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
8.3 Im Gewährleistungsfalle ist ein Kunde, der Verbraucher ist, nach seiner Wahl zur Geltendmachung eines Rechts auf Mängelbeseitigung oder Lieferung mangelfreier Ware berechtigt (Nacherfüllung). If the selected type of supplementary performance is associated with disproportionately high costs, the claim is limited to the respective remaining type of supplementary performance. In the context of the delivery of defect-free goods, the exchange for higher quality products with comparable properties is already considered accepted by the customer, the consumer, provided this is reasonable for him and the seller (e.g. exchange for the successor model, same model series, etc.). Further rights, in particular the cancellation of the purchase contract, can only be asserted after a reasonable period for subsequent performance has elapsed or the subsequent performance has failed twice. If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9.4 If the customer is an entrepreneur without merchant status, he has to report obvious defects within 14 days. The notice period begins with the delivery of the goods to the customer. If the customer does not comply with this obligation, his statutory claims for defects are excluded. In relation to a customer who is an entrepreneur, the seller is entitled, at his discretion, to rectify defects or to deliver a replacement within the meaning of Section 439 of the German Civil Code (BGB) within one year of the delivery date. After one year from the delivery date, the seller has the choice between remedying the defect or crediting the current value. For entrepreneurs, the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
9.5 In cases in which there is no purchase of consumer goods within the supply chain for our customer, who is an entrepreneur, the provisions of §§ 474-479 BGB do not apply. If the entrepreneur resells the goods in the context of a sale of consumer goods, the reimbursement of expenses incurred within the meaning of § 478 of the German Civil Code (BGB) can only be requested if evidence is provided that the expenses were incurred. Should this reimbursement of expenses within the meaning of Section 478 Para. 2 cicil code, this is limited to max. 2% of the original net value of the goods. Claims that go back to § 478 civil code are covered by the 24-month warranty for entrepreneurs in the sense of the equivalent compensation according to § 478 section. 4 sentence 1civil code.
9.6 If the goods complained about are forwarded to the sub-supplier or manufacturer, the customer agrees that his personal data, in particular his contact details, can be passed on to the sub-supplier / manufacturer as part of a complaint processing. The customer can revoke his consent given in this regard at any time. Contact us at email@example.com.
10.1The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: The seller is fully liable for intent and gross negligence for every legal reason, unless otherwise stated below.
10.2 The seller is liable for damage resulting from injury to life, limb or health that is based on a negligent or willful breach of duty on his part.
10.3 In addition, the seller is fully liable in accordance with the statutory provisions for other damages if these are based on a negligent or willful breach of an essential contractual obligation. This is the case if the breach of duty relates to an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer has and could trust. These liability provisions above are limited to the foreseeable, typically occurring damage, unless in accordance with Clause 9.1 there is unlimited liability. This includes in particular the breach of main and ancillary service obligations in the period prior to delivery of the goods.
10.4 The seller is fully liable on the basis of its own guarantee promise, unless otherwise regulated in this regard, and on the basis of mandatory liability, such as under the Product Liability Act.
10.5 The seller is not liable for the restoration of data unless he caused the loss deliberately or through gross negligence and the customer has ensured that data has been backed up so that the data can be reconstructed with reasonable effort.
10.6 Otherwise the seller’s liability is excluded.
10.7 The seller is not liable for the loss of a shipment if there is a storage or garage contract, regardless of a different designation, between the buyer and the commissioned transport company.
10.8 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
- Use of customer data
11.1 With regard to all data relating to the business relationship with the customer, the data protection provisions that can be found in our online shop apply. For further questions on the subject of data protection, the information page www.poe-partner.com/data-protection/ is available to the buyer. Otherwise, the buyer can send inquiries to firstname.lastname@example.org.
- Information on dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://webgate.ec.europa.eu/odr/ This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
- Place of jurisdiction, applicable law, severability
13.1 In business dealings with merchants and legal entities under public law, Paderborn is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks; The seller is also entitled to sue at the customer’s place of business.
13.2 German law applies exclusively. In business dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.
13.3 If individual provisions of the delivery contract or these general terms and conditions are ineffective, the remaining provisions remain in effect.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.