I. Terms and Conditions

§ 1 Basic terms and conditions

  1. The following general terms and conditions apply to all agreements that you conclude with us as the supplier (Panda Balm GmbH & Co. KG) via the Internet site www.pandabalm.de. Unless otherwise agreed, the inclusion of any terms and conditions by you is excluded.
  2. The consumer in the following specifications is any natural person who concludes a legal transaction for the purpose of fulfilling the predominant professional activity either commercially or independently. Contractor is any natural or legal person or legal entity that concludes a legal transaction in exercising their independent professional or commercial activity.

§ 2 Concluding the agreement

  1. The object of the agreement is the sale of goods.
    Our offers on the Internet are non-binding and are not a binding offer for concluding an agreement.
  2. You can receive a binding purchase offer (order) via the online shopping cart system. The goods to be purchased will be placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button on the toolbar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping terms, all of the order data are displayed again on the order overview page. Prior to sending the order, you have the option to check all of the information again, to make changes (via the "back" function in the Internet browser) and to finalize the purchase. By sending the order via the "Buy now" button, you enter into a binding offer with us.
    You will then receive an automated email about your order placement, which does not yet lead to the conclusion of the agreement.
  3. The acceptance of the offer (and thus concluding the agreement) occurs within 2 days via a confirmation in text format (e.g., email), in which the completion of the order or delivery of the goods is confirmed (order confirmation).
    If you do not receive a message, you are no longer bound to your order. Payments already made in this case will be reimbursed immediately.
  4. The processing of the order and transfer of all of the information needed in connection with concluding the agreement occurs via email, in part automatically. Therefore, please ensure that the email address provided is correct, receipt of emails is technically enabled and, in particular, not blocked by a SPAM filter.

§ 3 Right of retention, reservation of ownership

  1. You can only exercise a right of retention insofar as it involves demands from the same agreement relationship.
  2. The goods remain our property until the payment of the purchase price is made in full.
  3. If you are a contractor, the following applies in addition:
    1. We retain ownership of the goods until all of the demands from the ongoing business relationship have been met in full. Prior to transfer of ownership of the conditional goods, a pledge or security transfer is not permitted.
    2. You can resell the goods in the regular course of business. In this case, you already have all claims in the amount of the invoice, which you accrue from the resale, which you transfer to us. Further, you are authorized to collect the claim. Insofar as your payment obligations are not made properly, we reserve the right to collect the claim ourselves.
    3. When connecting and mixing conditional goods, we retain co-ownership of the new items in a ratio of the invoice value of the conditional goods to the other processed objects at the time of processing.
    4. We are obligated to release the securities provided if you request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released remains ours.

§ 4 Warranty

  1. The legal responsible of defects applies.
  2. Insofar as you are a contractor, deviating from Sect. 1, it applies that:
    1. Only our own information and the manufacturer's product description apply as agreed upon as the condition of the good, not other advertisements, public promotions and manufacturer's observations.
    2. You are obligated to inspect the goods immediately with utmost care for quality and quantity deviations and to inform us in writing within 7 days of receipt of the goods; timely shipment is sufficient to keep the term. This also applies to defects discovered later. Warranty claims are not valid if the inspection and notice of defects was not performed.
    3. We reserve the right to decide on replacement or improvement in the event of defects. If the defect remedy fails, you have the choice to demand a reduction or to withdraw from the agreement. The defect remedy is considered as failed after the second unsuccessful attempt if there is nothing else, particularly from the type of issue or defect of other conditions. In the event of a remedy, we must not bear the increased costs from bringing the goods to another location than the fulfillment location insofar as the transport does not correspond to normal appropriate use of the goods.
    4. The warranty term extends for one year from delivery of the goods. The shortened warranty term does not cause attributable culpable damages from death, injury to body or health and gross negligence or intentionally caused damages or malice, as well as for claims for recovery pursuant to §§ 478, 479 BGB.

§ 5 Liability

  1. We have unlimited liability for damages that cause death or bodily damage or that impair health. In addition, we have unlimited liability in all cases of intent and gross negligence, for fraudulent concealment of a defect, for assumption of the guarantee for quality of the purchased object and in all other legally regulated cases.
  2. The liability for defect within the framework of the legal warranty is based on the corresponding regulation in our Customer Information (Part II) and the General Business Conditions (Part I).
  3. Insofar as important agreement obligations are impacted, our liability for minor negligence is restricted to foreseeable damage typical of this type of agreement. Important agreement obligations shall be seen as those obligations that result from the nature of the agreement and their breech impedes the fulfillment of the agreement intent. This includes obligations that the agreement imposes on us based on its content for fulfillment of the intent of the agreement; the fulfillment of which is only possible by proper implementation of the agreement and upon the adherence of which you may regularly rely.
  4. If non-essential agreement obligations are breeched, liability for minor obligation breeches is excluded.
  5. Data communication via the Internet is not without errors using the current state-of-the-art and/or is not guaranteed to be available at any time. We bear no liability for the continuous or uninterrupted availability of the website and the service offered there.

§ 6 Choice of law, place of fulfillment, and place of jurisdiction

  1. German law shall apply. This choice of law applies to consumers only insofar as it does not deprive them of protections granted by cogent provisions of the law of the consumer's customary place of residence (principle of favourability).
  2. Insofar as you are not a consumer but a merchant, a legal entity under public law or a special estate under public law, the place of fulfillment for all services arising from the business relations established with us, as well as the place of jurisdiction, shall be our headquarters. The same shall apply if you have no general place of jurisdiction in Germany or the EU or your domicile or customary place of residence is not known at the time the complaint is filed. The ability to take legal action in another place of legal jurisdiction as well shall remain unaffected.
  3. The provisions of UN commercial law shall expressly not apply.

II. Customer information

1. 1. Identity of the seller

Panda Balm GmbH & Co. KG
Industriestr. 12
89081 Ulm
Deutschland
Telefon: 073185070885
E-Mail: info@pandabalm.de

The European Commission provides a platform for extrajudiciary online conflict resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.

2. Information on the commencement of the agreement

The technical steps leading to the commencement of the agreement, the commencement of the agreement itself, and the possibilities for correction shall take place in accordance with section 2 of our General Business Conditions (Part I.).

3. Language of the agreement, storage of the text of the agreement

3.1. The language of the agreement is German.

3.2. The complete text of the agreement is not stored by us. Before sending the order via the online shopping cart system, the agreement data can be printed out or electronically saved using the browser's print function. Upon receipt of the order by us, the order data, the information legally required with distance selling agreements, and the general business conditions are again sent to you by email.

4. Essential features of the goods or services

The essential features of the goods and/or services are found in the item description and the supplementary details on our website.

5. Prices and payment methods

5.1. The prices listed in the respective quotes, in addition to the shipping costs, shall constitute the total prices. They incorporate all pricing components including all applicable taxes.

5.2. The applicable shipping costs are not included in the sales price. They can be accessed by a correspondingly labeled button on our website or in the respective item description. They are explicitly declared during the course of the order process and are to be borne additionally by you, insofar as free shipping has not been promised.

5.3. The payment methods available to you are declared via a correspondingly labeled button on our website or in the respective item description.

5.4. Insofar as the individual payment methods are not otherwise detailed, the monetary claims arising from the agreement are immediately due for payment.

6. Delivery conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions are found via a correspondingly labeled button on our website or in the respective item description.

6.2. Insofar as you are the consumer, it is stipulated by law that the risk of accidental destruction and accidental deterioration of the purchased item during shipment transfers to you upon handover of the goods to you, regardless of whether the shipment is made with or without insurance. This does not apply if you have independently contracted with a transport company not appointed by the seller or with a person otherwise designated for the execution of the shipment.

If you are a contractor, the delivery and shipment are made at your risk.

7. Statutory liability for defects

7.1. The liability for defects for our goods conforms to the "Warranty" provision in our General Business Conditions (Part I).

7.2. As the consumer, you are requested to inspect the goods immediately for completeness, apparent defects, and transport damage, and to notify us as well as the carrier of your complaint as soon as possible. If you do not, this shall have no effect on your legal warranty rights.

These general business conditions and customer information provisions were drafted by lawyers of the Händlerbund specializing in IT law and are constantly checked for conformity with the law. Händlerbund Management AG guarantees the legal security of the texts and shall be liable in case of legal notice. Further details are available at: http://www.haendlerbund.de/agb-service.

letzte Aktualisierung: 18.01.2016