General Terms and conditions
General Terms and conditions
- Scope of application
1.1. The general terms and conditions of "Prima Systeme GmbH" (hereinafter "Seller") apply to all contracts which a consumer or entrepreneur concludes with the Seller with regard to the goods and/or services presented by the Seller in its online store. Herewith the inclusion of own conditions of the consumer or entrepreneur is contradicted unless otherwise agreed.
1.2. A consumer (hereinafter referred to as "Customer") within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
- Conclusion of contract
2.1 The product presentations contained in the seller's online store do not represent binding offers on the part of the seller but serve for the submission of a binding offer by the customer.
2.2. The customer can select the offered products in the online store of the seller. When placing an order via the online store, the customer enters his personal data and clicks on the corresponding button in the final step of the ordering process to submit a legally binding contractual offer with regard to the products contained in the shopping cart. The order can also be placed by telephone, in writing or by fax.
2.3. The confirmation of your order takes place together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation, the sales contract has come into being. The seller can accept the offer of the customer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation. Here the period (maximum of five days) for the contract acceptance applies, provided that the contract is not already automatically concluded with the first e-mail (order confirmation) or with the completion of the order in the store.
2.4. The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
- Return costs when exercising the right of withdrawal
Further information at: Cancellation policy
- Prices and terms of payment
The indicated prices of the seller are final prices. Value added tax is shown unless the goods in question are subject to differential taxation in accordance with § 25a UStG (German VAT Act). If applicable, additional delivery and shipping costs and service costs will be indicated separately in the respective product description of the offer.
The following payment options are offered to the buyer unless otherwise specified in the respective product description in the offer:
4.1. Prepayment by bank transfer
If prepayment has been agreed, payment is due immediately after the conclusion of the contract. The dispatch of the goods takes place after receipt of payment, according to delivery confirmation.
4.2. Online payment systems
An elementary advantage is that payments made online are immediately credited to the payee, thus eliminating, for example, the usual bank transfer period. Purchases made in the online store can thus be paid for promptly.
4.2.1. Immediate transfer
With an immediate transfer, the "payer" transmits his personal account information, his personal PIN and a valid TAN on a website to Sofort AG. After verification, that company executes the actual transaction on behalf of the customer. The customer data is not passed on. The dispatch of the goods takes place after receipt of payment, according to the delivery confirmation.
4.2.2. Credit card (Mastercard, Visa)
If the credit card payment method is selected, the customer's credit card account will be debited immediately after acceptance by the seller. The goods will be shipped after the credit card account has been debited in accordance with the delivery confirmation.
When paying via PayPal, the "payer" transmits his account information and e-mail address on a website to the company PayPal. After verification, PayPal sends the payment to the seller without passing on the customer information. The dispatch of the goods takes place after receipt of payment, according to the delivery confirmation.
Further information at: payment information
- Terms of delivery and shipment
(if not picked up by the customer)
5.1. Delivery shall only take place in Germany.
5.2. In principle, the Seller reserves the right to make partial deliveries to the Customer within reason. The Seller is obliged to inform the Customer about any unavailability of products.
5.3. Each delivery shall be made to the kerb and shall be insured.
5.4. At the customer's request, the driver may inform the customer of the delivery by telephone shortly before delivery.
5.5 In the case of a failed first delivery, each further delivery attempt will be charged with 30,-- €.
5.6 An advance notification by telephone is possible at the customer's request for a fee of 10,-- €.
5.7. The Seller shall pay close attention to the packaging of his products for shipping. Should damage nevertheless occur in an exceptional case, the customer is asked to immediately report the damage to the deliverer, to document this as far as possible and to have it confirmed. He should then contact the seller so that he can assert his own claims against the transport company. The contact possibilities are to be seen in the imprint. A failure to complain or make contact has no consequences for the buyer with regard to his statutory warranty rights. Further details regarding the shipping damage and additional information are provided as a service point under the umbrella term shipping.
5.8. For business customers, the following shall apply: Disruptions in the business operations of the Seller or its suppliers for which the Seller is not responsible, in particular strikes and lawful lockouts, as well as cases of force majeure, official interventions based on an unforeseeable event through no fault of the Seller, may prolong the delivery accordingly. Only if the bindingly promised delivery time is exceeded by more than 4 weeks shall the seller be in default. The business customer is only entitled to withdraw from the contract if in these cases he sends a written reminder for the delivery and this does not take place within a reasonable grace period to be set after receipt of the reminder letter from the business customer to the business customer. In the case of a delivery period specified in the calendar, the grace period to be set shall commence upon its expiry.
The statutory provisions on damages in lieu of performance shall remain unaffected.
- Default of acceptance
6.1 For business customers: If the transport company returns the shipped goods to the seller although delivery has been announced and confirmed to the business customer within a reasonable time, the business customer bears the costs for the return transport, the storage of the goods, if this takes longer than one month, as well as the costs for a second shipment.
- Passing of risk
7.1. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer at the time the goods are handed over, even in the case of purchase to destination.
7.2. It shall be equivalent to handover if the customer is in default of acceptance.
7.3. In the case of business customers, the risk of accidental loss and accidental deterioration of the goods shall pass to the business customer upon delivery, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
This applies to business customers:
8.1 The Seller shall not be obliged to deliver if the Manufacturer has ceased production of the goods ordered or in cases of force majeure, provided that these circumstances only occurred after conclusion of the contract, were not foreseeable at the time of conclusion of the contract and the Seller is not responsible for the non-delivery and further proves that he tried in vain to procure similar goods.
8.2 The Seller shall inform the business customer immediately of the aforementioned circumstances and reimburse him without delay for the payment made.
- Warranty claims
For all contractual services, in particular for electrical appliances, furniture fittings such as hinges and pull-outs, as well as wear parts, the statutory provisions or the manufacturer's warranty apply.
Excluded from the warranty are:
9.1 Defects that were already known at the time of purchase
9.2 Natural properties of real wood, such as mirrors, veins, warping, knots and cracks which may form in solid wood worktops and real wood doors.
9.3 Insignificant commercial or technical colour deviations
9.4 Damages caused by own fault, wear, tear, disregard of the care instructions, as well as by improper treatment and use.
9.5 Damage caused by excessive wet treatment, excessive heating and changes in colour caused by exposure to light.
9.6 Traces of use which have formed during use and moving parts.
- Limitation of liability
10.1 Standard products shall be sold in accordance with samples or illustrations.
10.2 There is no entitlement to the delivery of the exhibits unless otherwise agreed at the time of conclusion of the contract.
10.3 The goods ordered may be subject to qualitative claims only to the extent that such claims can be made reasonably or customarily for goods in the price range of the goods ordered.
10.4 Design and model changes. In particular, we reserve the right to make technical improvements within the scope of what is reasonable for the customer.
10.5 Colours displayed on the screen may differ from the original depending on the image quality and setting.
- Data protection
- Applicable law
12.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. For customers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the customer has his habitual residence is not denied.
12.2 If the Customer acts as a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. The same shall apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
12.3 The language of the contract shall be German.
- Severability clause
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other agreements or provisions. The invalid provision shall be replaced by the statutory provision.
- Customer information
- Information on the identity of the seller
Prima Systems GmbH
Hamburger Street 22a
23845 Itzstedt, Germany
Managing Director: Habib Tariq
Register court: Local court Kiel
Register number: HRB 1340 SE
Sales tax identification number according to § 27 a Sales Tax Law: DE220465596
- Information on the essential characteristics of the good or service
The essential characteristics of the goods or services are listed in the respective product description posted by the seller.
- Information on the conclusion of the contract
The conclusion of the contract is subject to the provisions of clause 2 of the seller's general terms and conditions (see above).)
- Information on payment and delivery
Payment shall be made in accordance with Clause 4 and delivery in accordance with Clause 5 of the Seller's General Terms and Conditions (see above).
- Information on the technical steps leading to the conclusion of the contract
The contract is concluded by an offer of the customer and acceptance by the seller.
If the customer uses the online store of the seller for his order, he submits his offer as follows:
5.1. Product selection
The customer selects the products he wishes to order by clicking on the "Add to Cart" button. This places the selection in the shopping cart. He can change this selection at any time up to the final submission of the order.
5.2. Shopping Cart
In the shopping cart, the customer receives an overview of all the products he has selected and wishes to order. Here he has the possibility to edit his order by editing the product, updating the product quantity or deleting the product. If he has a voucher, he can optionally enter it here in the shopping cart. In addition, if he is not a self-collector, he has the option of entering his postcode to display the optimal shipping costs. By clicking on the button "Go to checkout," he is taken to the next step in the order sequence.
5.3. Go to checkout
The customer logs in with his e-mail address and password if he already has a customer account. Otherwise, he has the choice to "checkout as guest" or as a new customer to continue the order process.
5.4. Billing information
The customer enters the necessary billing information or retrieves the information associated with his existing customer account. He can select a different shipping address from the billing address.
5.5. Shipping information
The customer receives the billing and shipping address displayed, can confirm this with "continue" or change it if necessary.
5.6. Shipping method
If the customer is not a self-collector, the customer is now shown the optimal shipping costs and shipping methods that the shipping cost system has determined for him.
5.7. Payment information
The customer is offered various payment options. He selects one option and clicks on "continue" to proceed to the order summary.
5.8. Order summary and editing options
The customer receives a summary of his order. He checks whether all information is correct and can read and if necessary print the general terms and conditions and the cancellation policy / the right of cancellation. The customer can correct and/or change possible erroneous entries by directly clicking on the individual order steps (above in the overview).
He can continue with the order only if he sets a tick with a mouse click at "Hereby I accept the general terms and conditions and the cancellation policy / the right of cancellation." By clicking the button "buy now," he sends the order as a legally binding offer to Prima Systeme GmbH. Prima Systeme GmbH then sends the customer a confirmation of receipt with further information.
Acceptance by the Seller shall be in accordance with clause 2.3 of the Seller's General Terms and Conditions (see above).
- Information on the languages available for the conclusion of the contract and for saving the contractual text
Only the German language is available for the conclusion of the contract.
The contractual text is saved. The customer can view the general terms and conditions at any time on our website and save them on his computer. The concrete order data (as well as the general contract conditions) are sent to him by email and are accessible with registration in the Login area.
To be able to open the downloaded general terms and conditions, you need the Acrobat Reader, which is available to you free of charge for download from the manufacturer.