Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Terms of contract within the framework of purchase contracts concluded via the platform https://code24.de between PiNkey AG Sonneberger Straße 16 D-98744 Oberweißbach Germany - hereinafter "Supplier" - and the users of this platform designated in § 2 of these GTC - hereinafter "Customer/Customers".
§ 1 Scope
For the business relationship between the supplier and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The Customer may select products from the Provider's assortment and collect them in a so-called shopping cart via the button "add to cart". Via the button "buy now" he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. (2) The Provider then sends the Customer an automatic confirmation of receipt with the subject "Confirmation of your order with CODE24" by e-mail, in which the Customer's order is listed again and which the Customer can print out via the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection laws. (3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided prior payment of the purchase price. (2) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also notify the Customer thereof without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. (3) The following delivery restrictions apply: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria. (4) The customer can make the payment by Direct Bank Transfer, PayPal, AmazonPayments. (5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
Until full payment of the purchase price, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax. (2) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. (2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. (3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them. (4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. (2) If the Customer 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 Customer and the Provider shall be the Provider's registered office. (3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
§ 9 Supplement to the GDPR
The personal data specified in the contract, in particular name, address, telephone number, bank data, which are necessary and required solely for the purpose of implementing the contractual relationship that arises, are collected on the basis of legal authorizations. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6 (1) c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Article 6(1)(d) DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Article 6(1)(f) DSGVO serves as the legal basis for the processing. The legitimate interest of our company lies in the performance of our business activities.
