Terms of service
§ 1 Scope and provider
(1) These General Terms and Conditions shall apply to all contracts concluded between PURISTIC PROJECT, owner Mrs. Christine Kordes, Heckhauserhof 7, 41516 Grevenbroich, Germany, telephone: 0049 176 82173892, e-mail: info@puristic-project.com (hereinafter referred to as Seller) and the Buyer via the Seller's online store. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
(2) Buyers within the meaning of these terms and conditions are both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. According to § 14 BGB, 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 their commercial or independent professional activity.
3) A delivery of the goods takes place exclusively within the Federal Republic of Germany. Buyers from other EU countries and non-EU countries would have to specify a delivery address in the Federal Republic of Germany when ordering in the online store.
§ 2 Conclusion of contract in the online store
(1) The article representations in the online store do not represent legally binding offers. It is rather a request to buyers to submit a binding offer by placing an order.
(2) Submission of offers in the online store
By clicking on the button "Add to cart", an article selected by the buyer in the online store is placed in the virtual shopping cart of the online store as a reservation for a possible conclusion of a contract. If there are minimum order quantities or fixed packaging units (PU) for one or more items to be placed in the shopping cart, the shopping cart will automatically be adjusted to the corresponding minimum order quantity or fixed packaging unit. When the buyer has placed all selected items in the shopping cart, he can access the shopping cart by clicking on the button with the displayed shopping cart in the upper navigation bar. In the shopping cart, the buyer can continue the ordering process by clicking the button "Continue to checkout". The buyer then reaches the point "Login". Here the buyer can log in and enter his customer data. If the buyer already has a customer account with the seller, the buyer can log in as an existing customer with his e-mail address and password and his customer data will be displayed directly. If the buyer is a new customer, he/she must enter his/her data and, if necessary, a different delivery address at this point of the order process. Furthermore, the customer can create a customer account. To do so, he must uncheck the box "Do not create a customer account". In the next step the customer has to assign a password for his customer account. If the buyer has retrieved or entered his customer data, he can continue the ordering process by clicking the button "Continue". The buyer then reaches the point "Complete order". There the buyer must select a payment method and a shipping method approved for the specific business transaction by clicking the corresponding button. There the buyer must confirm in each case by setting a "check mark" that he has read, understood and accepted the terms and conditions and has taken note of the privacy policy and the cancellation policy. By clicking on the button "Pay order" the buyer can complete the order. Until the buyer has clicked the button "Order Payable", he can go back to these points in the order process at any time by clicking on the individual order steps and correct possible input errors. After clicking the button "Payable order" a correction is no longer possible. His binding offer to conclude a contract is then sent to the seller. The buyer will be informed of the order number. The seller will immediately inform the buyer of the receipt of the order by e-mail. However, the confirmation of receipt of the order does not constitute acceptance of the purchase offer.
(3) The Seller is authorized to accept an order received from the Buyer within two days of its receipt. The purchase contract between the Seller and the Buyer shall only come into existence through the Seller's acceptance of the offer.
(4) The Seller saves the text of the contract after conclusion of the contract and sends the order data and these GTC to the Buyer by e-mail. The contract text is not accessible to the customer in the online store.
§ 3 Prices
The prices stated on the article pages of the online store are displayed with statutory VAT and contain other price components. The legal value added tax is always shown separately. However, the prices apply plus delivery and shipping costs, unless shipping and/or packaging costs are free.
§ 4 Shipping costs
As far as shipping costs are required, the shipping costs as well as the type of delivery of the articles are displayed to the buyer during the ordering process in the online store.
§ 5 Terms of delivery and reservation of self-delivery
(1) The delivery of the articles is carried out with standard parcel services.
(2) Unless otherwise stated in the online store, the delivery of the articles will take place within 14 days. The Seller shall point out any deviating delivery times or non-availability on the respective article page in the online store and/or in person.
(3) The period for delivery begins with payment by PayPal and by credit card on the day after the conclusion of the contract (acceptance of the Buyer's offer by the Seller) and ends on the following fifth day, unless a different delivery time is indicated for the item. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the next working day (Mon-Fri) shall take the place of such day.
(4) If the article is not available because the seller is not supplied with this article by his supplier through no fault of his own, the seller can withdraw from the contract. In this case the seller will inform the buyer immediately and, if necessary, suggest the delivery of a comparable article. If no comparable item is available or if the buyer does not wish to receive a comparable item, the seller will immediately reimburse the buyer for any payments already made.
(5) Delivery shall be made by dispatch to the delivery address indicated by Buyer, provided that the delivery address is located within the specified delivery area. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.
Only applies to entrepreneurs:
(6) The start of the delivery period stated by the Seller presupposes that all technical questions have been clarified.
(7) Compliance with the Seller's delivery obligation further presupposes the timely and proper fulfilment of the Buyer's obligation. The defence of non-performance of the contract remains reserved.
(8) If the Buyer is in default of acceptance or if he culpably violates other obligations to cooperate, the Seller shall be entitled to demand compensation for the damage incurred by him in this respect, including any additional expenses. Further claims or rights are reserved.
(9) Insofar as the prerequisites of paragraph (8) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the Buyer at the point in time at which the Buyer is in default of acceptance or debtor's delay.
(10) The Seller shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. The Seller shall also be liable in accordance with the statutory provisions if, as a consequence of a delay in delivery for which he is responsible, the Buyer is entitled to claim that his interest in the further performance of the contract has ceased.
(11) The Seller shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which he is responsible; any fault on the part of the Seller's representatives or vicarious agents shall be attributed to him. If the delay in delivery is due to a grossly negligent breach of contract for which the Seller is responsible, the Seller's liability for damages shall be limited to the foreseeable, typically occurring damage.
(12) The Seller shall also be liable in accordance with the statutory provisions if the delay in delivery for which he is responsible is based on the culpable breach of a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
§ 6 Terms of payment
(1) Before the beginning of the ordering process, the buyer will be informed separately in the online store about the means of payment permitted in the online store.
(2) If payment is made by PayPal or credit card, the Buyer's account will be debited when the items are shipped.
(3) A buyer who is a consumer is obligated to pay interest on arrears to the seller in the amount of 5 percentage points above the base interest rate in accordance with § 288 BGB (German Civil Code). In the case of commercial buyers/entrepreneurs, sentence 1 shall apply in accordance with § 288 BGB with the proviso that the default interest rate shall be 9 percentage points above the prime rate. The Seller reserves the right to prove and claim higher damages caused by default.
§ 7 Retention of title
For consumers applies:
(1) The goods remain the property of the seller until full payment has been received. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the Seller.
For entrepreneurs applies:
(2) The seller reserves the right of ownership of the purchased goods until receipt of all payments from the delivery contract. If the Buyer acts in breach of contract, in particular in the event of default in payment, the Seller shall be entitled to take back the object of sale. The taking back of the object of sale by the Seller shall constitute a withdrawal from the contract. After taking back the object of sale, the Seller shall be entitled to realize the object of sale, and the proceeds of such realization shall be set off against the Buyer's liabilities - less reasonable realization costs.
(3) The Buyer is obliged to treat the object of sale with care; in particular, he is obliged to insure it sufficiently at his own expense against fire, water, and theft damage at replacement value. If maintenance and inspection work is necessary, the Buyer must carry this out in good time at his own expense.
(4) In the event of attachments or other interventions by third parties, the Buyer shall notify the Seller immediately in writing so that the Seller can take legal action in accordance with § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse the Seller for the court and out-of-court costs of an action pursuant to § 771 ZPO, the Buyer shall be liable for the loss incurred by the Seller.
(5) The Buyer shall be entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller's claim which accrue to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The buyer remains authorized to collect this claim even after the assignment. The Seller's authority to collect the claim itself shall remain unaffected. However, the Seller undertakes not to collect the claim as long as the Buyer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, the Seller may demand that the Buyer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment.
(6) Until complete payment of the purchased goods by the Buyer, the processing or transformation of the purchased goods by the Buyer shall always be carried out for the Seller. If the purchased item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the rest, the same shall apply to the object resulting from processing as to the object of sale delivered under reservation of title.
(7) If the object of sale is inseparably mixed with other objects not belonging to the Seller, the Seller shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other mixed objects at the time of mixing until the object of sale is paid in full by the Buyer. If the mixing is carried out in such a way that the Buyer's item is to be regarded as the main item, it shall be deemed agreed that the Buyer shall transfer proportional co-ownership to the Seller. The Buyer shall keep the sole ownership or co-ownership thus created for the Seller.
(8) The Buyer shall also assign to the Seller the claims to secure his claims against him which arise against a third party because of the connection of the purchased item with a plot of land.
(9) The Seller undertakes to release the securities to which he is entitled at the request of the Buyer to the extent that the realizable value of the Seller's securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at the discretion of the Seller.
§ 8 Right of revocation for the consumer
As a consumer you have a right of withdrawal. Please read more here.
§ 9 Damage in transit
For consumers applies:
(1) If items are delivered with obvious transport damages, the buyer is asked to complain about such damages immediately to the deliverer and to contact the seller as soon as possible under the phone number 0176 / 82173892 or by e-mail at info@puristic-project.com. The buyer is not obligated for this.
(2) Failure to make a complaint or contact the seller has no consequences for the buyer's legal warranty rights. However, the Buyer shall assist the Seller in asserting his claims against the carrier or the transport security.
§ 10 Warranty and liability
(1) Warranty/liability for defects shall be governed by the statutory provisions.
Only applies to entrepreneurs:
(2) Warranty claims of the entrepreneur as buyer presuppose that the latter has duly fulfilled his obligations to examine and give notice of defects in accordance with § 377 HGB.
§ 11 Dimensions, weights, and quantities
Only applies to entrepreneurs:
Dimensions and weights stated by the seller are valid with the customary tolerances.
§ 12 Industrial property rights
If goods are manufactured and delivered in a design specifically prescribed by the Buyer (according to drawings, samples or other specific information), the Buyer shall warrant that the design does not infringe any third-party rights, in particular patents, utility models and other industrial property rights and copyrights. The Buyer shall be obliged to indemnify the Seller from any claims of third parties which might result from such an infringement. Drawings, samples, etc. handed over by the seller are to be kept carefully, unless immediate return has been requested, and remain the property of the seller.
§ 13 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final provisions - Place of jurisdiction
(1) Should any individual provision of these General Terms and Conditions be invalid, the remaining provisions shall remain in effect.
(2) Contract language is German.
(3) The law of the Federal Republic of Germany shall apply to all disputes arising out of or in connection with this agreement, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers if it is not opposed by mandatory consumer protection regulations of the state in which the consumer has his habitual residence at the time of his order.
(4) If the Buyer is a merchant, 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 Buyer and the Seller shall be the Seller's registered office.
Updated: January 2023