General Terms and Conditions of Business
General Terms and Conditions of Business
1. Scope of Validity
The following General Terms and Conditions of Business apply to all orders made by consumers and entrepreneurs using our online shop.
A consumer is any natural person concluding a legal transaction for a purpose that cannot be predominately attributed to his/her commercial or self-employed activities. An entrepreneur is a natural person or a legal entity or a partnership capable of holding rights exercising his/her commercial or self-employed activity in the course of a legal transaction.
These Terms and Conditions of Business shall also apply to entrepreneurs for future business relationships without us having to remind them one more time. If the entrepreneur uses contradictory or supplementary Terms and Conditions of Business, the validity of the latter is hereby refuted; such Terms and Conditions of Business shall only become part of the agreement with our express consent.
2. Contractual Partners, Conclusion of Contract
The purchase agreement shall be made with PIXLIP GmbH.
The presentation of the products in the online shop shall represent a non-binding online catalogue and not a legally binding offer. You shall be able to place items in your shopping basket with no obligation at first, and amend your entries at any time before placing your binding order by using the amendment tools available and explained during the ordering process. By clicking the Order button, you shall be placing a binding order for the items contained in your shopping basket. Confirmation of the receipt of the order shall be provided by means of an automated e-mail sent immediately after the order is placed together with the acceptance of the order. The purchase agreement shall become valid upon this confirmation e-mail being sent.
A binding agreement may also come into force as follows:
- The agreement shall come into force at the point at which your credit card is charged, provided you select credit card as your payment method.
- The agreement shall come into force at the point at which you receive a pre-notification of the date on which your account will be debited, provided you select the SEPA direct debit payment method.
- The agreement shall come into force at the point at which you receive a confirmation regarding the payment instruction to PayPal, provided you select PayPal as your payment method.
- The agreement shall come into force at the point at which you receive a confirmation regarding the payment instruction to SOFORT GmbH, provided you select SOFORT bank transfer as the payment type.
The languages available for concluding the contract shall be German and English.
We shall save the contractual text and send you the order details and our Terms and Conditions of Business via e-mail. The Terms and Conditions of Business can also be viewed and downloaded at any time using this website. You can view your past orders in your Customer Login area.
3. Delivery Terms and Conditions
The product prices shall be given exclusive of shipping costs. Please refer to the product descriptions for the precise shipping costs.
We only provide products by delivery. We do not offer the possibility to collect products on site.
We do not deliver to PackStations.
The following payment methods are available in our shop:
You shall pay the invoice amount via the online payment service PayPal. As a general rule, you have to already be registered with PayPal or register for the first time, legitimate your login details and then confirm the payment instruction to us. You shall receive further information during the ordering process.
5. Right of Revocation
Consumers shall be entitled to exercise their right of revocation as is stated in the revocation instructions. This voluntary right is not extended to entrepreneurs.
6. Retention of Title
The goods shall remain our property until the complete payment has been processed.
The following shall apply to entrepreneurs by way of extension: the goods shall remain our property until all receivables from ongoing business transactions have been settled. The reserved goods may be resold as part of proper business operations; all receivables resulting from this resale shall be assigned to us in advance in the amount equivalent to the invoiced amount - regardless of a connection or amalgamation of the reserved goods with a new item - and we shall accept this assignment. You shall remain entitled to collect these receivables, but we shall also be authorised to collect these ourselves if you do not meet your payment obligations.
7. Shipping Damage
For consumers: If goods are supplied with obvious shipping damage, please complain about said damage to the supplier as soon as possible and contact us immediately. There shall be no consequences for you failing to complain or contact those concerned regarding your legal claims and their enforcement, especially your warranty rights. You would be helping us, however, in asserting our own claims against the carrier and/or transport insurer.
For entrepreneurs: the risk of accidental loss and degradation shall be transferred to you as soon as we have provided the goods to the forwarder, carrier or to the individual or organisation that is to carry out the delivery. Traders shall be subject to Section 377 of the German Commercial Code relating to the inspection and notification obligation. Failure to issue a report as per said section shall result in the goods being deemed accepted unless they are defective in a manner that was not discernible during the inspection. This shall not apply if we have fraudulently refrained from disclosing a defect.
8. Warranty and Guarantees
The statutory Defect Liability Act shall apply. Information regarding any valid additional guarantees and their precise terms and conditions can be found with the product or on special information pages in the shop.
We shall always be liable without limitation for claims owing to damage caused by us, our legal representatives or vicarious agents regarding
- injury to life, limb or health,
- intentional or grossly negligent breaches of duty,
- guarantee pledges, where agreed upon,
- and if the area of application of the product liability law is established.
In the case of a breach of key contractual obligations compliance with which is essential for the enforcement of the contract in a due and proper manner and compliance with which the contractual partner may regularly rely upon (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of the conclusion of the contract which is typically expected to arise.
Furthermore, claims for compensation shall be excluded.
10. Online Dispute Resolution
Online dispute resolution pursuant to Article 14, para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
11. Final Provisions
If you are an entrepreneur, German law shall apply in exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a tradesperson within the meaning of the German Commercial Code, a legal entity under public law or a public law fund, our registered office shall be the sole place of jurisdiction for all disputes arising from the contractual relationship between you and us.