General Terms and Conditions
PCP Trading GmbH
Business executive authorised to represent the company:
Fon: +49 (0)421 - 33 80 96 60
Fax: +49 (0)421 - 33 80 96 69
VAT identification number: DE 249952577
WEEE-Reg.-No. DE 10433052
Commercial Register Court: District court Bremen
Commercial register number: HRB 23471HB
§ 1 General – Scope
- The language available for the conclusion of the contract is exclusively German.
- These terms and conditions apply to all current and future business relationships. Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed in writing.
- These terms and conditions apply exclusively to entrepreneurs, i.e. to natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into in the exercise of a commercial or independent professional activity.
§ 2 Conclusion of contract
- All offers on our Internet pages are non-binding and subject to change. This applies in particular to prices, illustrations and brochures. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable.
- By ordering goods from us, the entrepreneur makes a binding declaration that he wishes to purchase the ordered goods. We are entitled to accept the offer of contract contained in the order placed with us or with one of our representatives within two weeks of receipt by us. Acceptance can be declared either in writing or by delivery of the goods to the entrepreneur.
- The contract is concluded subject to correct and timely delivery by our suppliers. This shall only apply in the event that the non-delivery is caused by an obstacle for which we are not responsible, in particular in the event of the conclusion of a congruent hedging transaction with our supplier. The entrepreneur will be informed immediately about the non-availability of the service. The consideration, if already provided, shall be refunded without delay.
- In the event of non-compliance with the delivery time, the entrepreneur may set a grace period of at least 14 days in writing. After fruitless expiry of this period, a further period of at least 10 days shall be set. If this period of grace has also expired fruitlessly, the entrepreneur may withdraw from the purchase contract. A claim for damages shall not be considered unless the delay is due to intent or gross negligence on our part or on the part of one of our vicarious agents.
§ 3 Default of acceptance
- If the entrepreneur defaults on his obligation to accept the goods when they are properly made available, we shall be entitled to demand compensation or to withdraw from the contract after the expiry of a grace period of at least 10 days.
§ 4 Warranty
- Defects in the goods shall initially be warranted at our discretion by rectification or replacement delivery.
- If the supplementary performance fails, the entrepreneur may in principle demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) at his discretion. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the entrepreneur shall not be entitled to withdraw from the contract.
The entrepreneur must notify us in writing of obvious defects within a period of four weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
- If the entrepreneur chooses to withdraw from the contract due to a defect after subsequent fulfilment has failed, he shall not be entitled to claim damages due to the defect. If the entrepreneur chooses compensation for damages after a failed subsequent fulfilment, the goods remain with the entrepreneur if this is reasonable for him. The compensation shall then be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we or one of our vicarious agents have caused the breach of contract by gross negligence, wilfully or even fraudulently.
- The warranty period for new goods is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. This does not apply if the entrepreneur has not notified us of the defect in good time. (§ 4 Abs. 2).
- As a matter of principle, only the product description on our part or on the part of the manufacturer shall be deemed to be agreed as the quality of the goods. Public statements, recommendations or advertising by the manufacturer do not constitute a contractual statement of quality.
- If the Contractor receives defective assembly instructions, we shall only be obliged to supply assembly instructions that are free of defects and this only if the defect in the assembly instructions prevents proper assembly.
- The entrepreneur does not receive any guarantees in the legal sense from us. Manufacturer's guarantees remain unaffected by this.
§ 5 Transfer of risk – Shipping
- The goods are shipped exclusively for the account and at the risk of the entrepreneur. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
- It is equivalent to handover if the entrepreneur is in default of acceptance.
- If the entrepreneur does not indicate a special shipping request, we shall ship the goods by the shipping method we deem suitable.
- Any transport damage found must be reported immediately and the goods must be sent to us with a declaration of acknowledgement from the forwarding agent, post office, railway or other parcel service as well as a declaration of assignment from the entrepreneur. After this, a replacement delivery can be made by us insofar as the prerequisites for a claim against the transport company are given and the entrepreneur has submitted all the documents and information required for this.
§ 6 Remuneration
- In the case of a mail order purchase, the purchase price is exclusive of transport costs and statutory VAT. Only in exceptional cases will delivery be made by invoice or direct debit. In the case of delivery on account, default of payment occurs after 14 days. From the due date we charge the usual bank interest. Any discounts shall immediately become ineffective and be recalculated.
In individual cases, however, taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the customer in the case of cross-border deliveries.
- We are not obliged to accept bills of exchange or cheques. However, if we accept bills of exchange or cheques in individual cases, any discount and collection charges shall be borne by the entrepreneur.
- The entrepreneur shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The entrepreneur may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- If payment is delayed, we shall be entitled to exclude the entrepreneur from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention. In exceptional cases, in particular if the entrepreneur is urgently dependent on the delivery, which he must immediately notify and prove after assertion of the right of retention, a delivery will be made after advance payment or cash on delivery after confirmation has already been issued by us.
§ 7 Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must send us, PCP-Trading GmbH, Theodor-Barth-Straße 30, 28832 Achim, Phone number +49 (0) 421 33 80 96 60, Fax number +49 (0) 421 33 80 96 69, E-Mail: firstname.lastname@example.org, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) E-Mail an email@example.com) about your decision to revoke this contract. For this purpose, you can use the linked sample cancellation form, which is, however, not mandatory, download it as a PDF, fill it out and submit it or send another clear declaration. If you make use of this option, we will immediately send you confirmation (e.g. by e-mail) that we have received such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to PCP Trading GmbH, Theodor-Barth-Straße 30, 28832 Achim, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall 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 for checking the condition, properties and functioning of the goods.
§ 8 Final provisions
For orders placed by entrepreneurs in connection with their commercial activity, revocation is excluded pursuant to No. 7 GTC.