General terms and conditions with customer information
1. scope
2. conclusion of contract
3. right of withdrawal
4. redemption of promotional vouchers
5. prices and terms of payment
6. delivery and shipping costs
7. retention of title
8. liability for defects
9. indemnification in the event of infringement of third-party rights
10 Applicable law
11. place of jurisdiction
12. information on online dispute resolution
1. scope
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of “Pela-Scholz / Scholz GbR” (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer’s own conditions is objected to, unless otherwise agreed.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. conclusion of contract
2.1. First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all the necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, mail or telephone.
2.2. The presentation of the goods, in particular in the online store, does not yet constitute a binding offer by the seller.
2.3. If the customer selects “direct debit” or “direct debit” as a payment method during the ordering process, the seller may also accept the customer’s offer by collecting the total price from the customer’s bank account within five days, whereby the time at which the customer’s account is debited is decisive in this respect. In all other respects, Clause 2.3 shall apply mutatis mutandis.
2.4. If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares acceptance of the customer’s offer at the time of issuing the payment order, in deviation from the above regulations.
2.5. The contract text of the respective contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7. The contract language is German.
2.8. It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. right of withdrawal
3.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2. The seller’s cancellation policy applies to the right of cancellation.
3.3. Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract do not have a right of withdrawal.
4. redemption of promotional vouchers
4.1. Vouchers, which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase (“Promotional Vouchers”), are only redeemable in the Seller’s online store and only during the period specified by the Seller.
4.2. Promotional vouchers can only be redeemed by consumers.
4.3. Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
4.4. Promotional vouchers can only be redeemed before completing the order process. There is no subsequent offsetting.
4.5. Only one promotional voucher can be redeemed per order. The redemption of multiple promotional vouchers in one order is not possible.
4.6. The value of goods of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
4.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
4.8. The credit balance of a promotional voucher is neither paid out nor does it earn interest.
4.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
4.10. Promotion vouchers are generally transferable.
The Seller may perform with discharging effect to the Customer redeeming the respective Gift Certificate. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
5. prices and terms of payment
5.1. The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
5.2. The customer can choose the payment methods that are available in the online store.
5.3. In case of prepayment by bank transfer, the payment is due immediately after conclusion of the contract, unless otherwise agreed.
5.4 In the case of payment by “PayPal”, payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5.5. If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to check the details with the respective institutions or authorities before placing the order.
6. delivery and shipping costs
6.1. The delivery of goods by shipping is made to the delivery address specified by the customer. Notwithstanding the foregoing, in the case of payment by PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
6.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same shall apply in the event that the Customer was temporarily prevented from accepting the performance, unless the Seller gave the Customer reasonable prior notice of the performance. Excluded from this regulation are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the salesman.
6.3. In case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s registered office or at an agreed location after consultation with the seller. In this case there are no shipping costs.
6.4. Vouchers are given to the customer in the following form:
7. retention of title
If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.
8. liability for defects
8.1. With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed.
8.2. The customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller about it. Non-compliance shall have no effect on the customer’s statutory or contractual claims for defects.
9. indemnification in the event of infringement of third-party rights
If, in addition to the delivery of goods, the Seller owes the Customer under the contract the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer indemnifies the seller against claims of third parties in this context, unless he is not responsible for the infringement. The indemnification shall also include payment of the reasonable costs of necessary legal defense, including all court costs and attorneys’ fees, in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defense.
10 Applicable law
10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
10.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.
12. information on online dispute resolution
The EU Commission’s online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are generally prepared to do so.
1. scope
2. conclusion of contract
3. right of withdrawal
4. redemption of promotional vouchers
5. prices and terms of payment
6. delivery and shipping costs
7. retention of title
8. liability for defects
9. indemnification in the event of infringement of third-party rights
10 Applicable law
11. place of jurisdiction
12. information on online dispute resolution
1. scope
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of “Pela-Scholz / Scholz GbR” (hereinafter referred to as “Seller”), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller regarding the goods offered by the Seller in its online store. The inclusion of the customer’s own conditions is objected to, unless otherwise agreed.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. conclusion of contract
2.1. First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all the necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, mail or telephone.
2.2. The presentation of the goods, in particular in the online store, does not yet constitute a binding offer by the seller.
2.3. If the customer selects “direct debit” or “direct debit” as a payment method during the ordering process, the seller may also accept the customer’s offer by collecting the total price from the customer’s bank account within five days, whereby the time at which the customer’s account is debited is decisive in this respect. In all other respects, Clause 2.3 shall apply mutatis mutandis.
2.4. If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares acceptance of the customer’s offer at the time of issuing the payment order, in deviation from the above regulations.
2.5. The contract text of the respective contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.7. The contract language is German.
2.8. It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. right of withdrawal
3.1. If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2. The seller’s cancellation policy applies to the right of cancellation.
3.3. Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract do not have a right of withdrawal.
4. redemption of promotional vouchers
4.1. Vouchers, which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase (“Promotional Vouchers”), are only redeemable in the Seller’s online store and only during the period specified by the Seller.
4.2. Promotional vouchers can only be redeemed by consumers.
4.3. Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
4.4. Promotional vouchers can only be redeemed before completing the order process. There is no subsequent offsetting.
4.5. Only one promotional voucher can be redeemed per order. The redemption of multiple promotional vouchers in one order is not possible.
4.6. The value of goods of the respective order must reach at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
4.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
4.8. The credit balance of a promotional voucher is neither paid out nor does it earn interest.
4.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
4.10. Promotion vouchers are generally transferable.
The Seller may perform with discharging effect to the Customer redeeming the respective Gift Certificate. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
5. prices and terms of payment
5.1. The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
5.2. The customer can choose the payment methods that are available in the online store.
5.3. In case of prepayment by bank transfer, the payment is due immediately after conclusion of the contract, unless otherwise agreed.
5.4 In the case of payment by “PayPal”, payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5.5. If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to check the details with the respective institutions or authorities before placing the order.
6. delivery and shipping costs
6.1. The delivery of goods by shipping is made to the delivery address specified by the customer. Notwithstanding the foregoing, in the case of payment by PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
6.2. If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances leading to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same shall apply in the event that the Customer was temporarily prevented from accepting the performance, unless the Seller gave the Customer reasonable prior notice of the performance. Excluded from this regulation are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the salesman.
6.3. In case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s registered office or at an agreed location after consultation with the seller. In this case there are no shipping costs.
6.4. Vouchers are given to the customer in the following form:
- by e-mail
- per download
- postal
7. retention of title
If the seller makes advance payment, the goods shall remain the property of the seller until the purchase price has been paid in full.
8. liability for defects
8.1. With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed.
8.2. The customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller about it. Non-compliance shall have no effect on the customer’s statutory or contractual claims for defects.
9. indemnification in the event of infringement of third-party rights
If, in addition to the delivery of goods, the Seller owes the Customer under the contract the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer indemnifies the seller against claims of third parties in this context, unless he is not responsible for the infringement. The indemnification shall also include payment of the reasonable costs of necessary legal defense, including all court costs and attorneys’ fees, in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defense.
10 Applicable law
10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
10.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.
12. information on online dispute resolution
The EU Commission’s online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are generally prepared to do so.