General Terms and Conditions (GTC)
of Petromax GmbH, hereinafter referred to as Petromax.
Valid from 31.01.2017
1. Scope of application
The following terms and conditions shall apply to all orders transmitted to Petromax electronically, by phone, by fax, by letter or by e-mail by the consumer as laid down in §13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) – hereinafter referred to as “customer”. The customer acknowledges these terms and conditions with each order.
Differing, opposing or additional GTC shall not apply, unless their validity is expressly agreed upon in writing. Any formal reference to terms and conditions of the customer is expressly rejected.
2. Conclusion of a contract
The presentation of the Petromax range of goods on the internet does not constitute an offer as laid down in §§ 145 ff. of the German Civil Code (Bürgerliches Gesetzbuch – BGB). The order of goods by the customer constitutes a binding purchase offer to Petromax. Petromax is entitled to accept the order by delivering the goods or notifying the customer of the delivery with an e-mail confirming the order within a period of 7 days after receipt of the order. Petromax accepts the order, provided that the goods are available and, in particular, that deliveries to Petromax by its suppliers are correct and in due time.
This shall only apply to non-deliveries for which Petromax cannot be held responsible. If the goods are not available, Petromax shall inform the customer without delay and reimburse any payment that has already been made by the customer without delay. The confirmation e-mail that is automatically generated and sent by the system immediately after the customer has submitted the order does not constitute binding acceptance of the offer by Petromax. Within the ordering process, the customer is responsible for the risk of an unclear, faulty transmission. Petromax sells its goods only in commercial quantities.
The prices listed on the internet at the time of the order shall apply. All listed prices are final prices that include the applicable statutory value-added tax and other price components. Petromax reserves the right to make reasonable technical changes such as changes in form, colour and/or weight.
Petromax shall deliver the ordered goods to the customer as quickly as possible provided that they are available. If the ordered goods are not all in stock, Petromax reserves the right to ship orders in partial deliveries. Costs for the partial deliveries shall be borne by Petromax.
5. Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day on which the customer, or a third party indicated by him or her and other than the carrier, took possession of the goods.
In order to exercise right of withdrawal, the customer must inform Petromax:
- Petromax GmbH
- Sudenburger Wuhne 61
- 39116 Magdeburg
- Phone: +49 (0)391-55684600
- Fax: +49 (0)391-55684601
- E-mail: email@example.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of the decision to withdraw from the contract. For that purpose, the customer can use the model withdrawal form, which is not mandatory. The customer can also complete and submit the model withdrawal form or another clear statement electronically available on the Petromax Shop website (www.petromax-shop.de). If the customer use this option, Petromax will send him or her without delay (e.g. by e-mail) a confirmation that the withdrawal has been notified. The withdrawal period shall be deemed complied with if the customer the notification of his or her decision to Petromax to exercise his or her right of withdrawal before the deadline of the withdrawal period.
Consequences of withdrawal: If the customer withdraws from this contract, Petromax must repay all payments received from stated customer, delivery costs included (with the exception of additional costs that result from the fact that you have chosen another type of delivery than the reasonably-priced standard delivery suggested by us), without delay and at the latest within fourteen days from the day on receival of the notification of withdrawal from this contract. For this repayment, Petromax will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; the customer shall not be charged a fee for this repayment.
Petromax can refuse to repay the customer until the goods have been returned to Petromax or until the customer provides evidence that he or she sent the goods back, whichever is earlier. The customer must return the goods or hand them over to Petromax without delay and always at the latest within fourteen days from the day on which he or she informed us about the withdrawal from this contract. The withdrawal period is complied with if the customer sends the goods before the end of the fourteen-day period. Immediate costs for the return of the goods shall be borne by the customer. He or she shall pay for a diminished value of the goods only if this loss in value is due to customer’s handling of the goods other than what is necessary to check the nature, characteristics and functioning of the goods.
End of information about the right of withdrawal
For any customer advance payment, PayPal or credit card (Master Card/ Visa /American Express) are available as payment options. For deliveries in Germany and an order value of up to 100,- € registered customers with a customer account may also purchase on account. The purchase price is due for payment no later than upon receipt of the goods and is to be paid without deductions within 14 days from receipt of the goods.
7. Reservation of proprietary rights
All delivered goods shall remain the property of Petromax until payment has been made in full. The reservation of proprietary rights also extends to processed items and, in the case of resale, to the purchase price claim (extended reservation of proprietary rights).
The warranty period is 24 months. If a manufacturer provides a longer product warranty, the customer can naturally assert their legal claims against the manufacturer even after the seller’s warranty has expired.
Warranty claims of the customer shall initially be limited to a right to rectification or replacement. If the rectification or replacement fails, the customer is entitled to a price reduction or withdrawal from the contract. The repair shall be deemed to have failed after the second unsuccessful attempt, unless proved otherwise, in particular due to the type of object or defect or any other circumstances. In the case of incorrect or improper use of the goods, the customer bears the costs of the technical inspection of the goods, the rectification or the repair carried out upon their request.
Obvious defects in the delivered goods must be reported to Petromax by e-mail, letter or phone within two weeks from the day of receival of the goods.
9. Limitation of liability
Although Petromax has developed its product range with the greatest possible care, Petromax unfortunately cannot accept any liability for the accuracy of the manufacturer’s data, product descriptions and listed prices as well as possible misprints, technical changes and continuous availability of all goods. Petromax shall not accept liability for damages caused by simple negligence, unless these concern contractual obligations, injury to life, body or health, guarantees or claims in accordance with the German Product Liability Act (Produkthaftungsgesetz). The same shall apply for breaches of obligation by vicarious agents of Petromax.
10. Data protection
Data that is necessary for processing the order shall be saved and, if necessary for processing the order, disclosed to affiliated companies. This is in accordance with the requirements laid down in §33, par. 1, of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). All personal data shall naturally be handled confidentially. By placing an order, the customer agrees that their data may be saved. The customer is at any time entitled to have a look at their data and, if necessary, to have any detail modified or deleted. Petromax is available at firstname.lastname@example.org for modification or deletion requests by the customer.
11. Place of jurisdiction, applicable law, settlement, rules for invalid provisions
The laws of the Federal Republic of Germany exclusively shall govern this contract. The place of jurisdiction shall be Magdeburg.
Petromax is neither legally required, nor prepared to participate in a dispute settlement procedure before a consumer conciliation board in accordance with the law on the alternative dispute settlement for consumer matters (Verbraucherstreitbeilegungsgesetz - VSBG). Petromax shall not agree and shall refuse to participate in such a procedure, if the customer requests, begins or carries out this procedure in any way.
If one or several provisions of the contract with the customer, including these General Terms and Conditions, are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.
The provision that is invalid in whole or in part shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.