1.1 These General Terms and Conditions (hereinafter “GTC”) of Parsenn-Produkte AG (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as the basis for the Customer to submit a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.
2.3 The seller may accept the customer’s offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If the “PayPal Express” payment method is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button that completes the order process, the customer simultaneously issues a payment order to PayPal. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.
2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 The available payment options are communicated to the customer in the seller’s online store.
4.3 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the “PayPal Direct Debit” payment method is selected, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA Direct Debit mandate has been issued, but not before the pre-notification period has expired. “Pre-notification” refers to any communication (e.g., invoice, policy, contract) sent to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank account information was provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective financial institution as a result of the chargeback, provided the customer is responsible for the situation.
5.1 Goods are delivered by mail to the shipping address provided by the customer, unless otherwise agreed. The shipping address specified in the seller’s order processing system is decisive for the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.
5.3 Pickup by the customer is not possible for logistical reasons.
If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.
8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the terms of the promotional voucher.
8.3 Promotional coupons can only be redeemed before the order process is completed. Subsequent application is not possible.
8.4 Only one promotional voucher may be redeemed per order.
8.5 The value of the merchandise must be at least equal to the amount of the promotional gift certificate. The seller will not refund any remaining balance.
8.6 If the value of the promotional coupon is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
8.7 The balance of a promotional coupon will not be paid out in cash nor will it accrue interest.
8.8 The promotional gift certificate will not be refunded if the customer returns goods paid for in whole or in part with the promotional gift certificate within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.