TAC - Terms and Conditions
Terms and Conditions (with legal customer information) of the online store www.pustefix.de of PUSTEFIX GmbH (as at: 01.12.2023)
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders that you place as a consumer (§ 13 BGB) via the online store www.pustefix.de (hereinafter referred to as “Shop”) of PUSTEFIX GmbH. Consumer in the sense of § 13 BGB is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.2 Delivery shall only be made to all member states of the European Union with the exception of Malta and Cyprus.
2. Contracting party
Your contractual partner is
PUSTEFIX GmbH
Bahnhofstrasse 29
72072 Tübingen
Germany
3. Offer and conclusion of the contract; storage of the contract text
3.1 You have the possibility to select and order products on our store pages. The presentation in the store does not constitute a legally binding offer, but an invitation to place an order. Once you have found the product you want, you can add it to your shopping cart without obligation by clicking on the button labeled “Add to Cart”. You can view the products in the shopping cart at any time by clicking on the “View shopping cart” link that appears under the “Add to shopping cart” button or by clicking on the shopping cart icon in the top right-hand corner of the store and then clicking on the “View shopping cart” button in the sidebar that appears on the right-hand side of the shopping cart, adjust the desired number or delete them again.
If you want to buy the products in the shopping cart, you must first click on the blue button “Proceed to checkout” in the shopping cart. This will take you to the checkout web page, where you will once again be shown an order summary that allows you to check and correct your entries. On the checkout web page you can enter your contact details (name, e-mail address) and your billing and shipping address. The mandatory information is marked with a *. Your data will be transmitted in encrypted form. After that you have to select the desired payment method and you can check your entries again on the order overview.
You can also log in here before ordering as an already registered customer by entering your email address and password.
After activating the checkbox “open a customer account” you can optionally register as a customer by entering your e-mail address, a password and your address data. Registration is not required for an order. Registration allows you to order in future orders after entering your e-mail address and password without having to enter your address data again.
By clicking the blue button “Buy now” you make a binding offer to purchase the products in your shopping cart. However, your offer can only be made if you agree to these terms and conditions by clicking on the respective boxes and confirm that you have taken note of the cancellation policy and privacy policy, which can be viewed by clicking on the respective link. The order process can be cancelled at any time by closing the browser window.
3.2 If you have placed an order, you will immediately receive a confirmation of your order (hereinafter referred to as “order confirmation”) to the e-mail address you provided during the ordering process. This concludes the purchase contract.
3.3 The contract text of your order data is stored on our internal system. You can view and print the order data immediately after completion of the ordering and payment process in our store in the order confirmation. You will also receive in the order confirmation all relevant data of your order together with the terms and conditions and the cancellation policy. You can view and print our GTC on our site at any time.
3.4 The sale of our products is only for private use in customary quantities.
3.5 We are entitled to invoice our services electronically.
4. Customer account
4.1 As part of the ordering process, in addition to ordering as a guest on the checkout website, you also have the option of creating a customer account by activating the checkbox “Open a customer account” or under “My account”.
4.2 Only natural persons and appropriately authorized natural persons as representatives of legal entities who are of full age and legal capacity may open a customer account.
4.3 If you create a customer account, you will choose a password yourself during registration, which you can use to log in in the future together with the e-mail address you have provided. You are obliged to keep this password secret and not to pass it on. If you have reason to believe that your password is known to others, it must be changed immediately.
4.4 To confirm the registration, you will receive a link to the e-mail address you provided, by clicking on which the registration is confirmed (double opt-in procedure).
4.5 After setting up a customer account, it is possible to use the associated functions within the framework currently provided by us. However, there is no entitlement to these functions and availability is not guaranteed.
4.6 When creating a customer account, the agreement to the validity of these GTC for future purchases is agreed.
4.7 If you request the deletion of your customer data and/or your customer account, the customer account will be deleted. A use of the customer account by you is then no longer possible.
4.8 Customer accounts that have not been used for more than 4 years will be deleted.
5. Right of revocation
5.1 If you are a consumer, you have a fourteen-day right of revocation.
5.2 If you make use of your right of withdrawal as a consumer, you shall bear the costs of the return shipment.
6. Delivery
6.1 Delivery shall be made to the delivery address specified by you during the ordering process within Germany by parcel service.
6.2 The delivery time within Germany is approximately 5 working days after receipt of payment. The delivery time to the member states of the European Union with the exception of Malta and Cyprus is approximately 10 working days after receipt of payment. Of course you can send us your delivery date requests by e-mail at any time. We will endeavor to realize them as far as possible; however, as long as we do not expressly confirm them as binding, we are not obliged to comply with them.
6.3 If, for technical or logistical reasons, a shipment is made in several stages, we will of course only charge you once for the shipping costs.
6.4 Any delay in delivery will be notified to you as soon as possible.
6.5 If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or contact us will have no consequences for your statutory warranty claims. However, they help us to assert our own claims against the carrier or the transport insurance.
7. Prices and payment
7.1 The prices stated on the product pages include the statutory value added tax of the respective country of receipt and other price components and are in EURO.
7.2 Payment can be made by prepayment, PayPal, direct debit, credit card or purchase on account/Ratepay GmbH. For each order, we reserve the right not to accept certain payment methods and to refer to other payment methods.
7.3 If you choose payment in advance, we will provide you with the bank details in the order confirmation. The invoice amount is to be transferred within 10 days in EURO and exclusively to the bank details provided by us, stating the order number as the reason for payment.
7.4 If you wish to pay the invoice amount via a PayPal account, you must be registered there or register first and legitimize yourself with your access data. After completing the ordering process, you will be redirected to the PayPal website, where you can make the payment by entering your information. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction.
7.5 When paying by direct debit, you will be redirected to PayPal after completing the order process and must enter your IBAN and date of birth. You do not need a PayPal account to pay by direct debit. Your account will be debited with the order confirmation.
7.6 When paying by credit card, you will be redirected to PayPal after completing the order process and must enter your credit card information there. You do not need a PayPal account to pay with your credit card. Your account will be charged with the order confirmation.
7.7 When selecting the payment method purchase on account/Ratepay GmbH you will be asked to enter your date of birth and your phone number. Please note that you must be at least 18 years old. The payment method is only offered to customers with German residence. By clicking Buy Now, you accept the Ratepay payment terms and agree to Ratepay performing a risk check. Furthermore, you also accept PayPal’s privacy policy. If the credit check is successful, you will receive an email from Ratepay with the bank details and the reason for payment. Payment may only be made to Ratepay. Your payment is due within the period stated on the invoice or payment request. In the event of a negative credit check, you will receive information from us by e-mail, giving you the option to settle the invoice amount via another payment method.
8. Disposal France
Identification number “Identifiant Unique”
Packaging FR281891_01BVXB
Identification number “Identifiant Unique” Toys FR282782_12JWKU
9. Reservation of proprietary rights
The goods remain our property until full payment has been made. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
10. Liability for defects
10.1 The statutory warranty provisions shall apply. Excluded from the warranty are damages caused by natural wear and tear, improper use, external influences and insufficient or incorrect care.
10.2 We point out that the color representation of our products in our online store may differ slightly from the original color.
11. Out-of-Court Dispute Resolution / Online dispute resolution / consumer arbitration
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes related to their online order out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Please contact us directly with questions and problems: bubbles@pustefix.de
Below you will find the address of the responsible consumer arbitration board, should a dispute not be resolved:
Universalschlichtungsstelle
des Bundes
Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl
Website: www.universalschlichtungsstelle.de
E-Mail: mail@universalschlichtungsstelle.de
Phone: +49-7851-79579-40
12. Final provisions
12.1 Subject to mandatory consumer protection provisions, this contract shall be governed exclusively by the laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980, and international private law.
12.2 The contract language is exclusively German.
12.3 Should individual provisions be or become invalid, this shall not affect the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provision.