Terms & Conditions
Terms and Conditions
§ 1 Validity of the general terms and conditions, Definition of terms
(1) Katharina Polansky, PDinque, Am Feringasee 1, 85774 Unterföhring, Tel.: 089 – 954 296 780, Email: email@example.com, Germany (hereafter: „we“, “us” or „PDinque“) operates the online shop https://www.pdinque.de for products on the internet. We would like to familiarize you below with our standard terms and conditions, which govern how we process and settle all services and purchases between us and our customers (hereafter: “customer” or “you”) in their valid form at the time of the order placement, unless this has been explicitly confirmed in writing in advance by PDinque – Katharina Polansky.
(2) A “consumer”, in the sense of these terms and conditions, is every natural person, who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. “Entrepreneur” is any natural or legal person or a judicable business partnership, who enters into a legal transaction, acting within their commercial or self-employed activity. A judicable business partnership is a partnership with the legal capacity to conclude legal transactions and is capable of acquiring rights and incurring obligations.
§ 2 Formation of contract, Storing of the contract text
(1.1.) For orders placed online at https://www.pdinque.de, we enter into German or English language contracts only. You can choose your preferred language by selecting ENG/DE in the header of the website.
(1.2) The following provisions about the conclusion of a contract apply to orders in our online shop at https://www.pdinque.de.
(2) The product presentation on our website are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order at our online shop, the following rules apply:
The customer makes a binding contractual offer, by successfully completing an order in our online shop. The order is carried out in the following steps:
- Selection of desired products,
- Adding the products to your shopping cart by clicking on the respective button (“Add to cart”),
- Verification of the selected products in the shopping cart,
- Review of the respective order by clicking on the respective buttons (e.g. “Continue to checkout”, “Continue to order overview” or similar),
- Review/verification of address- and contact data, selected payment method, confirmation of our terms and conditions and cancellation policy,
- By clicking on “Buy now”, you are placing a binding order for the items in your shopping cart,
- A binding contract is formed when you receive the order confirmation from us to the e-mail address provided by you, within three working days.
(4) When you place an order, your contract is made with Katharina Polansky, PDinque, Am Feringasee 1, 85774 Unterföhring, Tel.: 089 – 954 296 780, Email: firstname.lastname@example.org, Germany.
(5) Before ordering, the contractual data can be printed via the printing function of your web browser or electronically saved. The processing of the order and transmission of all information associated with the conclusion of contract, in particular order details, the terms and conditions and the cancellation policy, is provided via e-mail (partially automated process) after placement of the order through the customer. We do not save the contractual data after the conclusion of contract.
(6) Input errors can be corrected using the usual keyboard-, mouse- and browser functions (e.g. browser “back button”). Errors can also be corrected, by cancelling the order process prematurely, closing the browser window and repeating the process from the start.
(7) The processing of the order and transmission of all information associated with the conclusion of contract, is provided via e-mail, in a partially automated process. Therefore, we are asking you to ensure that the e-mail address provided to us, by you, is correct, that receipt of e-mails is ensured and, especially, not blocked by SPAM filters.
§ 3 Object of the contract and essential product characteristics
(1) Object of the contract in our online shop is:
- Sale of products. The actual offered products can be viewed on our product pages.
(2) The essential characteristics of the products can be found in the respective product descriptions.
(3) For the sale of digital products, restrictions apply as stated in the respective product description or through restrictions derived from other circumstances, in particular regarding hard-and/or software requirements of the target environment. Unless explicitly stated otherwise, the object of the contract is only for private and commercial use of the products, without the right to commercial resale and sub-licensing.
§ 4 Prices, shipping costs and delivery
(1) The prices, as stated in the respective offers, as well as the shipping costs, are final prices (totals) and comprises all price components, including all applicable taxes.
(2) Payment of the respective purchase price has to be made prior to delivery (prepayment), unless payment on invoice is explicitly offered by us. The available methods of payment are identified in the respective sections of the online shop or the respective offer. Unless otherwise stated for the individual method of payment, payment claims are due for immediate payment.
(3) In addition to the specified prices, shipping costs can occur for the delivery of products, unless the respective products are identified to be free of shipping charges. Any occurring shipping costs are clearly indicated on all offers, the systems shopping cart, as well as on the order overview.
(4) All products offered are, unless otherwise clearly stated in the product description, available for immediate shipping (Delivery time: 3-4 working days after receipt of payment).
(5) The following delivery area restrictions apply: delivery is made to the following countries: Germany, Austria.
§ 5 Right of retention, Retention of title
(1) Right of retention may only be exercised by the customer, as far as it is a matter of claims resulting from the same contractual relationship.
(2) Title to the goods shall not pass until the purchase price, as well as all ancillary costs, have been paid in full.
§ 6 Statutory right of revocation
As customer purchasing products, you have a statutory right of revocation. All information is provided in our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation without limitation. If we are in default due to slight negligence, if the fulfillment has become impossible or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss attributable thereto is limited to the contractually foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on the compliance with which you can regularly rely. This includes in particular our obligation to act and the fulfillment of the contractually owed service, which is described in § 3.
§ 8 Contract language
The official contract language is limited to German.
§ 9 Warranty
(1) The warranty is governed in principle by the laws of the Federal Republic of Germany.
(2) The warranty period towards entrepreneurs on delivered products is 12 months.
(3) As consumer you are requested to check the products/digital goods or provided services for completeness, obvious defects and transport damage upon delivery and to notify us, as well as the carrier immediately (ideally in writing, per e-mail). If you do not comply, this will, of course, have no impact on your statutory warranty claims.
§ 10 Concluding conditions
(1) Only the laws of the Federal Republic of Germany will apply. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
(3) If the customer is businessperson, a corporate body organized under public law or a separate entity under public law, court of jurisdiction is Unterföhring, Germany for all disputes between the offerer and the customer.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
We are neither obligated nor ready to participate in a dispute resolution before a consumer arbitration board.