General Terms & Conditions

 1.1
These terms and conditions of "Primo Stemp GmbH" (hereinafter "Seller"), apply to all sales, deliveries and services of the seller, the customer buys the seller on the Internet via means of distance communication in accordance with § 312 para 2 BGB b. This is the involvement of the customer's own terms is contradicted, unless it is otherwise agreed.

1.2
Customers in terms of section 1.1 are both consumers and entrepreneurs, a consumer means any natural person who enters into a legal transaction for a purpose which can be attributed neither commercial nor their independent vocational activity. Other hand, is an entrepreneur means any natural or legal person or a legal partnership, which enters into a contract as part of their professional or commercial activity.

2 Conclusion

The product representations contained in the online shop of the seller intended to submit a legally binding purchase offer by the customer.

2.1
The customer may purchase offer in writing, by fax, by email or via the integrated online shop of the seller online order form. If you buy via the online order form, the customer to enter his personal data and click the button "Order" from the subsequent step of the ordering process is a legally binding contract offer in relation to the goods contained in the shopping cart. Before binding the order, all entries can be continuously corrected via the usual keyboard and mouse functions. In addition, all entries will be displayed in a confirmation window before binding the order and can be corrected using the usual Tatstatur and mouse functions.

2.2.
The seller will confirm receipt of the tender offer of the customer by electronic means (fax or email). A purchase contract is concluded by a written confirmation of the seller, but no later than by the unconditional acceptance of the goods by the customer. The seller is entitled to accept the offer of the customer within five working days of receipt from the seller. One assumption is the same, if the seller within this period, the goods ordered. The seller is entitled to accept the order - such as examining the creditworthiness of the customer - to reject.

2.4
If the order in electronic form, the treaty text (consisting of the order data and the GC) saved by the seller and the customer by e-mail after contract conclusion. The purchase and contact can be via email and automated checkout. The customer must ensure that by Him to purchase e-mail address is correct, so at that address from the seller sent e-mails can be received. In particular, the customer has to ensure the use of spam filters to ensure that all of the seller or its service providers to purchase mail can be delivered.

3 Returns and costs when exercising the right of withdrawal

If the customer has a right of withdrawal according to § 312 para 1 sentence 1 BGB, to be at the right of withdrawal upon him the regular costs. The seller bears the cost of return. Goods returned goods will not be accepted. For goods wrongly delivered, please contact us prior to returning to clarify the return details.
Basically, the customer has a right of return 14 days for goods purchased in our store. The withdrawal can be made without giving reasons. The goods must be returned at buyer's expense. The right of withdrawal in only when you return unused and in original sealed products. For individual productions, such as Seal, there is no right of withdrawal.

4 Prices and payment

4.1
The prices quoted by the Seller are intended as final and they include all price components, including the legal German VAT. If necessary, additional delivery and shipping costs are separately disclosed in the respective product description in the offer. Additional costs are incurred in the individual case to the case of cross-border deliveries, such as other taxes (such as in the case of an intra-Community acquisition) and / or charges, in the form of tariffs.

4.2
When the contract conclusions on the eBay platform, the seller offers the following payment options:

4.3
In any contract via the Online shop, the seller offers the following payment options:

For deliveries within Germany:

Payment by:
banktransfer in advance
invoice
Paypal


4.3.2
For deliveries to other countries:

Payment by:
banktransfer in advance
invoice
Paypal


4.6
The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller.

4.7
The customer may only exercise if they are claims from the same contractual relationship.

5 Delivery and shipping terms and the transfer of risk

5.1
The delivery of goods takes place regularly on the shipping routes and at the delivery address specified by the customer. During completion of the transaction specified in the purchase of the vendor delivery address is exclusively instrumental.

5.2
Is not possible to deliver to the customer, the contracted delivery company will return the goods to the seller, and the customer has to bear the cost of the failed delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.

5.3
Basically, the risk of accidental loss and accidental deterioration of the sold with delivery to the Customer or a person authorized to receive passes. However, where the customer is an entrepreneur (acting in his commercial or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration on sale to the delivery of the goods passes to the business of the seller to a suitable transport person.

5.4
For entrepreneurs all agreed delivery times are subject to correct and timely self-delivery in cases where the seller concluded a concrete hedging transaction and is not responsible for the lack of availability.

6 Retention of title

The delivered goods from the seller until full payment of the property of the seller.

7 Liability

If there is a defect of the goods, the statutory provisions apply. Derogation of this provision:

7.1
For business owners
establishes a minor defect basically no claims.
the seller has the choice of type of remedy.
for new goods is the statute of limitations for one year from the transfer of risk.
are excluded for used goods, the rights and claims for defects.
the statute of limitations does not begin again if in the context of a warranty replacement delivery.

7.2
For consumers, the limitation period for warranty claims
for new goods two years from delivery of the goods to the customer.
used goods for one year from date of delivery to the customer.

7.3
For entrepreneurs, the statutory limitation periods for recourse according to § 478 BGB remain unaffected, the same is true for business owners and consumers in a willful breach of duty and fraudulent concealment of a defect.

7.4
In addition, for businesses and consumers that the foregoing limitations of liability in clause 7.1 and clause 7.2 does not apply to claims for damages and reimbursement of expenses that can make the buyer according to the legal provisions relating to defects asserted. Item 8 shall apply for these claims

7.5
If the customer is a merchant i.S.d. § 1 HGB, the commercial inspection and notification meets him in accordance with § 377 HGB. If the customer the notification requirements laid down therein, the goods shall be deemed approved.

7.6
If the customer is a consumer, he is asked to claim the delivered goods with obvious shipping damage to the deliverer thereof and to notify the seller accordingly. If the Customer does not comply, this does not affect its legal and contractual warranty claims.

7.7
If the remedy is by way of replacement, the customer is obliged to return the goods within 30 days to the seller at his expense. The return of the defective goods must be made in accordance with the law.

7.8
The assignment of the warranty claims of the customer are excluded.

8 Liability

8.1
The seller is liable for any legal reason without restriction in case of injury to life, body or health, in case of intent or gross negligence, fraud and warranty promises and if the liability according to binding legal provisions, such as the Product Liability Act.

8.2
In addition, the seller is liable for whatever legal reason as follows:

8.2.1
If the seller has negligently violated a contractual obligation (cardinal obligation), the liability to pay damages to the foreseeable, typical and average damage is limited.

8.2.2
If the seller has negligently violated a contractual obligation insignificant, the liability is limited to the contract value.

9 Data in the online shop

The use of personal data in the online shop of the seller in accordance with the privacy policy of the seller, which is listed separately in the online store.

12 Applicable Law

12.1
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the law on the international sale of goods. For consumers, this choice only insofar as the protection granted is revoked by mandatory provisions of the laws of the State in which the consumer has his habitual residence applies.

12.2
If the customer is a merchant, legal entity under public law or public special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the business of the seller. The same applies if the customer has no general jurisdiction in Germany or the EU or domicile or habitual residence at the time of action are not known. The power to call the court in another jurisdiction remains unaffected.

12.3
The contract language is German.