General Terms And Conditions

General terms and conditions
    1. Scope
     The following Terms and Conditions (Terms) apply to all orders placed via our online shop. These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business. 
    2. Contractual partner, formation of contract, options for corrections
    The contract is concluded with Porto-Brasil.de Uwe Thielemann.
    By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail. 
    3. Contract language, saving of the contract text
    The language(s) available for concluding the contract: German, English
    We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
    4. Delivery conditions
    Delivery costs Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.  
    Delivery options  We ship the products to the delivery address specified in the order process. 
    You are entitled to collect your order from Uwe Thielemann, Wiesenstr. 18, 34431 Marsberg, Deutschland during the following hours of business: Mo.-Sa. 8:00 - 18:00 Uhr
    5. Payment
     The following payment methods are basically available in our online shop.  
     Advance payment If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.  
     PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. 
    The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process. 
     PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.  
    PayPal In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.
    PayPal In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. 
    The payment transaction will be processed by PayPal immediately after placing the order. 
    PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account. 
    Credit card via PayPal Your card will be charged by PayPal after the goods have been sent out. 
     Direct debit via PayPal Precondition for payment by direct debit via PayPal is an address and credit check, the payment is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date your account is charged (so-called prenotification). The account will be charged before the goods are sent out.  
     Invoice payment via PayPal Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to PayPal. 
     SOFORT by Klarna In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process. 
     BillPay In cooperation with the payment service provider "BillPay", provided by Klarna Bank ABSveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment via BillPay requires a successful address and credit check and is made directly to BillPay. You will find further information within the respective payment option and in the ordering process. 
     Invoice payment via BillPay The invoice amount is due after shipping the goods and receipt of the invoice. 
     Direct debiting via BillPay By placing the order, you grant BillPay a SEPA direct debit mandate. BillPay will inform you about the date of charging your account (so-called prenotification). The account will be charged before the goods are sent out.  
    Klarna In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process. 
     Purchase on account via Klarna The invoice amount is due 14 days after shipping the goods and receipt of the invoice. 
    Financing via Klarna You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros.
    Direct debiting via Klarna PayNow You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of charging your account (so-called prenotification). The account will be charged after the goods have been sent out. 
    Credit card via Klarna PayNow  You enter your credit card details in the ordering process. Your card will be charged by Klarna immediately after placing the order. An address and credit check does not take place.
    Invoice The invoice amount is due 14 days upon receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to allow payment by invoice only after we verify your credit rating. 
    Cash payment on collectionYou may pay the invoice amount in cash on collection.
    6. Right to cancel 
     Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel. 
    7. Retention of title 
    The products shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.  
    8. Damage during delivery 
     For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer. 
     Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. 
    9. Warranty and guarantees 
    9.1 Liability for defects 
    We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.  The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents  in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee, if agreed, or within the scope of application of the Product Liability Act (Produkthaftungsgesetz).  Restrictions in relation to businesses In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code) Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect. Complaints and return of goods Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification. When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission. 
    9.2 Guarantees and customer service 
     Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable. 
    10. Liability
    We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents • for injury to life, limb or health • for deliberate or grossly negligent breach of duty • for guarantee commitments, where agreed • towards consumer. Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.  
    11. Online dispute resolution 
     The European Commission provides a platform for online dispute resolutios (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes. 
    In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in a dispute settlement procedure before this authority.
    12. Final provisions 
     If you are a business, German law applies, to the exclusion of the UN Sales Convention. 

AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.
(Stand: 14.10.2024)