General terms and conditions online shop
These general terms and conditions apply to ordering goods from the PDA-Punkt / Boris Volovnik range on pda-punkt.de.
2. Contractual partner
The customer's contractual partner is:
PDA-Punkt / Boris Volovnik
45470 Mülheim / Ruhr Germany
E-mail: PDA point [@] t-online.de
Tel .: +49 (0) 208/9413505
Fax: +49 (0) 208/9413502
(hereinafter referred to as "PDA-Punkt").
3. Conclusion of the contract
(1) The delivery area is Germany.
(2) By clicking on the “Buy now” button, the customer submits a binding offer to purchase the goods in the shopping cart and agrees to the validity of these general terms and conditions.
(3) The order confirmation automatically sent after the order has been sent confirms the content and receipt of the customer's order at PDA-Punkt, but does not yet represent an acceptance of the customer's offer.
(4) A contract is only concluded with the declaration of acceptance by PDA-Punkt, which is sent in a separate e-mail (order confirmation or dispatch confirmation), but no later than when the order is dispatched. PDA-Punkt will declare acceptance either by sending a shipping confirmation or by shipping the goods within five working days of receipt of the customer's order. If PDA-Punkt does not submit a declaration of acceptance within this period, the customer's order was not accepted.
4. Availability of goods
If the goods ordered are not available at the time of the order, PDA-Punkt reserves the right not to accept the goods ordered, so that no contract is concluded. The customer will be informed of this. Payments already made will be refunded to the customer immediately.
(1) All prices on pda-punkt.de are in euros and include the applicable statutory value added tax.
(2) The payment methods displayed at the end of the ordering process are available to the customer.
(3) The data entered will not be saved by PDA-Punkt, but may be saved by the respective selected payment provider. The respective data protection regulations of the payment service provider apply.
6. Retention of title
The delivered goods remain the property of PDA-Punkt until they have been paid for in full.
7. Consumer's right of withdrawal
(1) If the customer is a natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor independent professional activity (consumer), the customer has a right of withdrawal according to § 312g i. V. m. § 355 BGB.
(2) Right of withdrawal for sales contracts for goods:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
In the case of a sales contract, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier, the last Have or has taken possession of the goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last partial shipment or the last piece have or has.
In the case of a contract for the regular delivery of goods over a specified period of time, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.
In order to exercise your right of withdrawal, you must contact us (PDA-Punkt / Boris Volovnik Annabergstr. 39
45470 Mülheim / Ruhr), e-mail: PDA-Punkt (@) t-online.de, phone: +49 (0) 208/9413505, fax: +49 (0) 2089413502) by means of a clear declaration (e.g. . a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest
to be repaid within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to send the goods to PDA-Punkt / Boris Volovnik Annabergstr. 39 45470 Mülheim / Ruhr. The deadline is met if you send or hand over the goods before the period of fourteen days has expired.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
Sample withdrawal form:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To PDA-Punkt / Boris Volovnik Annabergstr. 39 45470 Mülheim / Ruhr
Email: PDA-Punkt (@) t-online.de
Fax: +49 (0) 2089413502
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*):
Order number / Order: _______________________________________________
Ordered on (*) / received on (*): _______________________________________________
Name of consumer (s): _________________________________________________
Address of the consumer (s): _______________________________________________
Signature of the consumer (s)
(only with notification on paper)
(*) Delete where inapplicable.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health, and liability for other damage based on an intentional or grossly negligent breach of duty by PDA-Punkt, its legal representatives or vicarious agents. Furthermore, the liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely, remains unaffected. In the case of a slightly negligent breach of these contractual obligations, PDA-Punkt is only liable for the contract-typical, foreseeable damage, unless it concerns claims for damages by the customer from injury to life, limb or health.
(2) Paragraph 1 also applies in favor of the legal representatives and vicarious agents of PDA-Punkt if claims are asserted directly against them.
(3) The provisions of the Product Liability Act and the Federal Data Protection Act remain unaffected.
9. Claims for defects
(1) For consumers, the statutory limitation period of two years from delivery of the goods applies.
(2) During the limitation period for claims for defects, the customer can assert his claims for defects in the goods in addition to asserting himself against PDA-Punkt
(3) If the customer is an entrepreneur, i.e. if the customer is placing an order in the exercise of his commercial or independent professional activity, claims for defects become statute-barred within 12 months from delivery of the goods. Excluded from this are claims due to injury to life, body or health based on a negligent breach of duty by PDA-Punkt or an intentional or negligent breach of duty by a legal representative or vicarious agent of PDA-Punkt.
(4) The customer's statutory claims for defects remain unaffected in the case of the existence or acquisition of a guarantee for the goods ordered.
(5) The assignment of claims for defects is excluded, unless the customer is a consumer.
10. Final provisions
(1) These general terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.
(2) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and PDA-Punkt is the seat of PDA-Punkt.
(3) The contract also remains with legal