EXOPEK GmbH, represented by the managing directors Okay Canbulat, Pascal Moszczynski and Jan Sugint, carries out your orders on the basis of the following general terms and conditions.
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Conclusion of the contract.
The online presentation of our product already represents a binding offer, which you can accept by placing your order using the procedure described below.
By clicking the “Add to shopping cart” button in our online shop, you can initially place your selected items in the virtual shopping cart without obligation. You can correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process.
With one click on the shopping cart symbolized as an icon, you get to the virtual shopping cart. Here you can check your order, delete items or change quantities.
Through the further ordering process, which you complete in the last step with your purchase by clicking on the order button, you enter into a legally binding sales contract with us. The purchase contract is concluded with EXOPEK GmbH.
After a successful order, we will automatically inform you by email that we have received your order. The details of your order are also listed there. Please save the confirmation email in your documents. Without a customer account, the text of the contract can no longer be called up by you.
3. Delivery date and delivery.
The expected delivery date can be found in the information on the respective article.
Orders in this shop are currently only possible for deliveries to Germany. For deliveries abroad, please contact us at +49 160 98505463 or by email at firstname.lastname@example.org.
All prices are in euros. The prices are calculated and indicated for the end user and include VAT.
As an entrepreneur, you are welcome to shop and buy a larger amount. Our B2B team offers individual solutions here. Feel free to contact us at +49 160 98505463 or by email at email@example.com
5. Shipping costs.
You can get information about the shipping costs, the shipping method and the shipping weight via the link “plus shipping costs”.
The shipping costs are only charged once per order. If an order is sent to several delivery addresses, the shipping costs will be charged per delivery address.
6. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
We offer the following payment methods. Simply choose the payment method that suits you best. The shipping costs are partly dependent on the selected payment method. The prices quoted in the respective offers represent final prices. They include all price components including any taxes that may be incurred, such as value added tax. You may only have to pay additional taxes (e.g. in the case of an intra-community acquisition) and / or duties (e.g. customs duties) in individual cases for cross-border deliveries, but not to the seller, but to the customs or tax authorities responsible there. The delivery and shipping costs incurred are not included in the purchase price, they can be called up on the “Shipping costs” page, are shown separately in the course of the order process and are to be borne by you in addition.
b) Credit card:
The invoice amount is charged when you complete the order process and send your order.
In order to be able to offer you Klarna’s payment options, we will transmit personal data, such as contact details and order data, to Klarna. In this way Klarna can assess whether you can use the payment options offered by Klarna and adapt the payment options to your needs. General information about Klarna is available here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations.
d) Apple Pay
8. Legal right of withdrawal and voluntary right of return.
If you acquire the goods for purposes that are predominantly neither commercial nor your independent professional activity, you have a statutory right of withdrawal in accordance with §§ 312g, 355 BGB, about which we instruct at the end of these terms and conditions.
Without prejudice to all statutory rights of revocation and withdrawal, we also grant all customers the right to return the goods received within 30 days without giving reasons by sending the goods back under the following conditions.
The return period begins after the goods have been received in full. Timely dispatch of the goods is sufficient to meet the deadline. The return or the return request must be sent to: EXOPEK GmbH, Steinfeldstrasse 1, 30453 Hanover, Tel: 0160/98505463, E-Mail: firstname.lastname@example.org
The cost of the return is at your expense. Cases associated with defective goods are excluded here. If you have received defective goods, please continue reading under “9. Defects”. We can refuse to repay the value of the goods until we have received the goods back.
The voluntary right of return is excluded if the goods are damaged or if the goods show signs of use that go beyond the scope that is caused by the examination of the quality, properties and functionality of the goods.
If the goods are defective, you have the legally stipulated claims, subject to Clause 8. If you receive goods with defects despite extensive controls, our customer service team will be happy to help you.
Customer claims for compensation are excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations as well as liability for other damages if they are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contractual objective. In the event of a simply negligent breach of essential contractual obligations, however, we are only liable for typical, foreseeable damage.
These restrictions also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
11. Warranty Terms.
Commercial buyers who purchase the goods for the purpose of reselling are excluded from our guarantee.
Guarantees do not limit the statutory claims, in particular those for supplementary performance, reduction in price, withdrawal from the contract and compensation for damages and apply for the period from the delivery of the goods to the buyer until the expiry of the respective specified guarantee period. In the case of a warranty claim, the buyer can send the goods to the following address at our expense until the specified warranty period has expired. At our option, he will receive a repair or a replacement delivery. The guarantee does not apply to natural wear and tear and damage on the buyer’s side. We, EXOPEK GmbH, Steinfeldstrasse 1, 30453 Hanover, are the guarantors.
12. Retention of title.
The goods remain our property until they have been paid for in full (including VAT and shipping). Consumers are not permitted to resell them until their purchase obligations have been fully met.
If the customer has bought the goods in the course of a commercial or independent professional activity, they are permitted to resell them in the ordinary course of business. He already now assigns to us the claims to which he is entitled from the resale in the amount of the invoice value of our claim. We accept the assignment. The buyer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer is not in default of payment.
13. Property Rights.
We reserve the commercial property rights and copyrights on all products, images and other documents we deliver. Imitation by third parties requires our special approval.
14. EU DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
You can find our email address in the legal notice above.
15. CONSUMER DISPUTE RESOLUTION / UNIVERSAL ARBITRATION BODY
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
16. Other terms and conditions.
If one of the terms and conditions is invalid, the others will continue to apply. We hereby contradict the customer’s general terms and conditions.
The place of jurisdiction is our place of business if the customer is a merchant, legal entity under public law or a special fund under public law or if the customer does not have a place of residence within the European Union. We are entitled to sue at the customer’s general place of jurisdiction.
German law applies to the exclusion of the UN purchase law. In dealings with end consumers within the European Union, the law of the end consumer’s place of residence may also be applicable, provided that it is mandatory consumer law provisions.
– EXOPEK GmbH –