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General Terms And Conditions

General Terms and Conditions

1. Scope

Our online shop is aimed exclusively at business customers (Unternehmer).

In addition to verifying your status as a business customer during the ordering process, we are entitled to request proof of your business status by presenting suitable and current documents, e.g. an extract from the commercial register or a trade licence.

These Terms and Conditions shall also apply to future business relationships without our having to refer to them again. If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Europe-Pack.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order, using the correction aids provided and explained during the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order is submitted.

We accept your offer within two days by

  • issuing a declaration of acceptance in a separate email, or
  • having the goods delivered, or
  • where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The timing of the payment transaction depends on the payment method selected (see "Payment").

Whichever of the above events occurs first is decisive for you.

3. Contract Language, Storage of Contract Text

Language(s) available for concluding the contract: German, English

We store the text of the contract and send you the order data and our Terms and Conditions in text form. You can view the contract text in our customer login area.

4. Delivery Terms

In addition to the stated product prices, shipping costs will be added. Further details on the amount of shipping costs can be found in the offers.

We only deliver by shipping. Collection of goods in person is unfortunately not possible.

5. Reservation of Self-Supply and Partial Delivery

Subject to self-supply, we will ensure prompt delivery. If part of an order is not immediately available because, through no fault of our own, our reliable supplier fails to deliver on time despite a corresponding order having been placed, we will deliver the remaining goods without recalculating shipping costs, insofar as this is reasonable for you.

If the product you ordered is not available to us because, through no fault of our own, our reliable supplier fails to deliver despite a corresponding order having been placed, we will inform you of this without delay in the order confirmation. In this case we are released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will refund them to you without delay.

6. Payment

You agree to receive all invoices by email. This consent may be revoked at any time. In the event of default of payment, we reserve the right to charge you statutory default interest of nine percentage points above the base rate as well as a flat fee of 40 euros. Further claims remain unaffected.

The following payment methods are generally available in our shop:

Advance Payment

If you select advance payment, we will provide our bank details in a separate email and deliver the goods once payment has been received.

Credit Card

During the order process you provide your credit card details. Your card will be charged immediately after the order is placed.

SEPA Direct Debit

By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date your account will be debited at least one banking business day in advance (pre-notification). A banking business day is any working day except Saturdays, statutory public holidays throughout Germany, and 24 and 31 December each year. The account will be debited after the goods have been shipped.

PayPal, PayPal Express

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, verify your identity with your login details, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.

PayPal Plus

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 stated below, payment via PayPal Plus does not require registration with PayPal. Further information is available for each payment option and during the ordering process.

PayPal

To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, verify your identity with your login details, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed.

Credit Card via PayPal

Your card will be charged by PayPal after the goods have been dispatched.

Direct Debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal of the date your account will be debited (pre-notification). The account will be debited after the goods have been dispatched.

Purchase on Account via PayPal

Purchase on account via PayPal requires an address and credit check and is processed directly by PayPal.

Sofort by Klarna

To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking account enabled for this service, verify your identity accordingly, and confirm the payment instruction. Your account will be charged immediately after the order is placed. Further information on the "Sofortüberweisung" payment method is available at https://www.klarna.com/sofort/.

Apple Pay

To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the Safari browser, be registered with Apple, have Apple Pay activated, verify your identity with your login details, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

giropay / paydirekt

In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main ("giropay" or "paydirekt"), we offer the giropay and paydirekt payment methods.

giropay

To pay the invoice amount via giropay, you must have an online banking account enabled for this service, verify your identity accordingly, and confirm the payment instruction. Your account will be charged immediately after the order is placed. Further information is provided during the ordering process.

paydirekt

To pay the invoice amount via paydirekt, you must have an online banking account enabled for this service, be registered with paydirekt, verify your identity with your login details, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information is provided during the ordering process.

Amazon Pay

To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, verify your identity with your login details, and confirm the payment instruction. The payment transaction is carried out within one banking business day of the order being placed. A banking business day is any working day except Saturdays, statutory public holidays throughout Germany, and 24 and 31 December each year. Further information is provided during the ordering process.

Invoice

The invoice amount is due for payment within 14 days of receipt of the invoice and the goods, by bank transfer to our account. We reserve the right to offer purchase on account only after a successful credit check.

Mollie

Keizersgracht 126, 1015 CW Amsterdam, the Netherlands

You are only entitled to a right of set-off if your counterclaim is based on the same reciprocal relationship as our principal claim, is undisputed by us, or has been legally established.

You are only entitled to a right of retention if your counterclaim arises from the same contractual relationship.

7. Retention of Title

We retain ownership of the goods until all claims arising from an ongoing business relationship have been paid in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, in the amount of the invoice total, irrespective of any combination or mixing of the goods subject to retention of title with a new item, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

If you combine, mix or process the goods subject to retention of title with other items, we acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title relative to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We will release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the claims to be secured by more than 10%.

8. Transport Damage

The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the carrier, freight forwarder, or other party or institution designated to carry out the shipment.

9. Warranty and Guarantees

Application of Statutory Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened time limits do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty, as well as fraudulent intent
  • in the event of breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contracting partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, where agreed, or
  • insofar as the scope of the Product Liability Act applies.

Limitation vis-à-vis Business Customers

Vis-à-vis business customers, only our own statements and the manufacturer's product descriptions that were incorporated into the contract shall be deemed an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims. For business customers, the limitation period for defect claims on newly manufactured items is one year from the transfer of risk. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Provisions for Merchants

Among merchants, the duty to inspect and give notice of defects set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods shall be deemed approved, unless the defect was one that was not identifiable during inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.

9a. Voluntary Return Policy (Goodwill)

Irrespective of any statutory right of withdrawal, which does not apply to business customers, we grant you, as a voluntary goodwill service, the option of returning undamaged and defect-free goods within 20 days of receipt. This goodwill arrangement does not create any legal entitlement and is subject to the condition that the goods are in as-new, unused and resaleable condition in their original packaging. In this case, the customer bears the cost of return shipping. We decide on a case-by-case basis, after inspecting the returned goods, whether to accept a return and whether any refund will be issued. Claims arising from statutory liability for defects (see Clause 9) remain unaffected by this arrangement.

10. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty
  • in the event of a guarantee promise, where agreed, or
  • insofar as the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contracting partner may regularly rely (cardinal obligations), caused by slight negligence on our part or that of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded and typically to be expected.

Otherwise, claims for damages are excluded.

11. Final Provisions

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.