1. Scope and Provider
- 1.1. These General Terms and Conditions apply to all contracts which a consumer or entrepreneur (hereinafter referred to as the “Customer”) concludes with the company peiker CEE GmbH (hereinafter referred to as “seller”) regarding the goods that are offered by the seller in his online shop on the website www.peiker-cee.com.
- 1.2. The goods offered in our online shop are only for consumers, who have reached the age of 18, as well as for entrepreneurs.
- 1.3. Consumers within the meaning of Article 13 of the German Civil Code (BGB) are any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activities.
- 1.4. Entrepreneurs within the meaning of § 14 BGB (German Civil Code) are any natural or legal person or unincorporated personal company concluding a legal transaction in the exercise of his independent professional or commercial activity.
- 1.5. Offers, deliveries and services are made exclusively on the basis of these general terms and conditions.
- 1.6. The general terms and conditions apply exclusively; conflicting or deviating from the general terms and conditions of the customer will not be recognized, unless the validity is expressly agreed in writing.
- 1.7. The General Terms and Conditions of Business also apply to all future business relations, even if they are not expressly agreed upon again.
- 1.8. The contract language is exclusively German.
- 1.9. The currently valid terms and conditions can be accessed and printed out at www.peiker-cee.com.
2. Offer and Conclusion of the Purchase Contract
- 2.1. The merchandise presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
- 2.2. By clicking the “Now Pay” button, you enter as a customer a binding purchase offer according to § 145 BGB (hereinafter “Purchase Order”).
- 2.3. Upon receipt of the order you will receive an automatically generated e-mail with which we confirm as a seller that we have received your order (confirmation of receipt).
- 2.4. This confirmation of receipt does not constitute acceptance of your purchase offer. A purchase contract is not yet concluded by the confirmation of receipt.
- 2.5. A purchase agreement on the goods only comes into existence
- 2.5.1. by expressly declaring acceptance of the purchase offer to the customer in writing or in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive; or
- 2.5.2. by delivering the ordered goods – without prior express declaration of acceptance, whereby the access of the goods to the customer is decisive.
3. Prices and Shipping Costs
- 3.1. The prices stated in the online shop contain the legal VAT.
- 3.2. The shipping costs are not included in the purchase price.
- 3.3. The shipping costs can be called up by pressing a correspondingly indicated button on our website and will be reported separately in the course of the ordering process. They will have to be borne by you in addition if a free shipping is not announced.
4. Payment Modalities
- 4.1. Payment of the purchase price for the ordered goods can be made by credit card (Mastercard or Visa) via PayPal or SEPA. Dealers can also pay on invoice.
- 4.2. The available payment methods are indicated under a correspondingly designated button on our Internet presence.
- 4.3. Unless stated otherwise in the different methods of payment, the payment claims arising from the concluded contract shall be paid immediately.
5. Offsetting and Right of Retention
- 5.1. The right of retention also exists only if the claimed counterclaim is based on the same contractual relationship as the claim.
- 6.1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
7. Reservation of Title
- 7.1. The goods remain property of the seller until the purchase price has been paid in full.
- 7.2. If you are an entrepreneur, the following applies differently:
- The goods remain the property of the seller until the purchase price has been paid in full:
- 7.2.1. We reserve the right of ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
- 7.2.2. You may resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount, which you are accruing from the resale. We accept the assignment, but you are authorized to collect the receivables. If you fail to comply with your payment obligations, we reserve the right to collect claims ourselves.
- 7.2.3. In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing.
- 7.2.4. We commit ourselves to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.
8. Revocation Right
- 8.1. The consumer is principally entitled to a right of revocation.
- 8.2. Further information about the right of revocation can be found in the seller’s revocation instruction.
9. Transportation Damage
- 9.1. If goods with obvious transport damage are delivered, please report such faults to the delivery company immediately and please contact us as soon as possible.
- 9.2. The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
- 10.1. Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
- 10.2. For you as an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:
- 10.2.1. For the quality of the goods only our own data and the product description of the manufacturer are binding, but no public promotion and utterances and other advertisement of the manufacturer.
- 10.2.2. Characteristics and durability guarantees for special features (assured characteristics) as well as other independent guarantee obligations are only accepted if they have been agreed in writing as such.
- 10.2.3. Warranty claims by the customer presuppose that the customer has properly complied with his inspection and complaint obligations pursuant to § 377 HGB. The corresponding notification of defect shall be made in writing within 7 days of receipt of the goods. In the period from the delivery to the notification of defects, the customer bears the burden of proof for the correct handling of the delivered goods and their product-specific storage. The punctual sending is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery.
- 10.2.4. In the case of a delayed or incorrectly asserted complaint, the customer loses his claims for defects, unless the defect has been concealed by us maliciously.
- 10.2.5. Claims for defects shall only exist if the customer immediately provides us with all the information we consider necessary to determine the cause of the defect in the delivered goods and the extent of our responsibility, immediately return the goods delivered to us and / or the possibility of our own investigations before place. If an error is not detected or an error can not be found, the customer bears the costs of determining the cause of the error.
- 10.2.6. In the event of a defect in the delivery items, we shall be entitled to supplementary performance in the form of a defect repair (rectification) or to supply a new defect-free product (replacement delivery). The customer must give us the necessary time and opportunity for the subsequent performance, in particular to hand over the rejected goods for inspection purposes. In the case of a replacement delivery, the customer has to return the defective item according to the legal regulations.
- 10.2.7. If the supplementary performance has failed or if a reasonable period to be set by the customer for the supplementary performance has expired unsuccessfully or is dispensed with under the statutory provisions, the customer may withdraw from the contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
- 10.2.8. The warranty period for you as an entrepreneur is one year from the agreed risk of the goods.
- 11.1. Unless otherwise stated in these General Terms and Conditions, including the following provisions, we shall be liable in accordance with the following provisions.
- 11.2. Claims for damages or reimbursement by the customer from whatever legal grounds are excluded, insofar as the damage is not based on an intentional or grossly negligent breach of duty or on the violation of a material contractual obligation by us, our legal representatives or our vicarious agents. An essential contractual obligation is such that the fulfillment of the contractual performance is only possible at first, in particular our obligation to deliver the goods to be manufactured, including the delivery of the goods and the possession and ownership of such goods.
- 11.3. The customer’s claims for damages shall be limited to the foreseeable damages typical of the contract, which must typically be expected to arise, insofar as we, our legal representatives or vicarious agents, are merely liable for negligence.
- 11.4. Exclusion of Liability or Limitation of Liability as per 11.1 und 11.3 shall not apply to claims arising from product liability. They are also not valid for damages from injury to life, body and health. They shall also not apply if a defect has been concealed in a malicious manner or a guarantee has been given for the quality of the delivered items.
- 11.5. Because of a breach of duty that is not a defect, the customer can only rescind or terminate if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded.
- 11.6. In addition, the legal requirements and legal requirements apply.
12. Statute of Limitations
- 12.1. The statutory provisions apply to you as a consumer. By way of derogation, the limitation period for warranty claims for used goods is one year. This limitation does not apply to claims for damages resulting from injury to life, limb or health or from a breach of a fundamental contractual obligation, which is the fulfillment of the proper implementation of the contract and which the contractual partner may regularly trust (compliance with) as well as for claims due to other damages that result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
- 12.2. For you as an entrepreneur within the meaning of § 14 BGB, the following modifications apply:
- 12.2.1. The warranty period for you as a business owner is one year from the agreed risk transfer or, if applicable, after acceptance of the delivery item. A new beginning of the limitation period occurs only in the event of the replacement of the defective item. In the case of rectification, the new beginning of the limitation period shall be excluded, if it cannot be proofed as consequences of the improvement.
- 12.2.2. The claims for reduction of the remuneration and the exercise of the right of rescission are excluded insofar as the claim for performance or supplementary performance is statute-barred. The statutory period of limitation in the case of the supplier’s liability pursuant to §§ 478, 479 BGB shall remain unaffected. It shall expire no earlier than two months after the date on which the customer has fulfilled the consumer’s claims.
- 12.2.3. The limitation period of one year also applies to all claims for damages against us, which are connected with a defect. If claims for damages are not related to a defect, an exclusion period of 18 months applies. The period begins with the knowledge of the damage and the injuring party.
- 12.2.4. The period of limitation of one year shall not apply in the event of the intention and the malicious concealment of a defect. It shall also not apply to claims for damages due to injury to life, body or health and to claims under the Product Liability Act. In these cases the statutory periods of limitation apply.
- 12.3. In the case of supplementary performance on a pure goodwill basis, this will take place without recognition of a legal obligation without a new beginning of the limitation period.
13. Note on the Return of Batteries
- 13.1. Batteries may not be disposed of with household rubbish. For this purpose, you can return your old batteries free of charge to the public collection points in your municipality or anywhere where batteries are sold. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out refuse bin and the chemical symbol (Cd, Hg or Pb) of the heavy metal which is responsible for the classification as pollutant.
- The symbol “crossed-out garbage can” means: batteries and accumulators must not be disposed of in household refuse.
- The signs below the dustbin stand for:
- Pb: contains lead
- Cd: contains cadmium
- Hg: contains mercury
- 13.2. Electrical and electronic equipment may not be disposed of via household waste. You can dispose of your electrical equipment free of charge at one of the municipal collection points.
14. Jurisdiction – Applicable Law
- 14.1. The law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on the International Sale of Goods of 11 April 1980 (CISG) is excluded
- 14.2. For you as an entrepreneur within the meaning of § 14 BGB, as a merchant in the sense of the Handelsgesetzbuch (HGB) or legal persons of public law or public special fund the place of performance and jurisdiction for all claims is the seat of our company. However, we have the right to bring actions against you as an entrepreneur also at your general legal court.
15. Final Provisions
- 15.1. Should one or more provisions of these General Terms and Conditions be or become invalid or impracticable in whole or in part, this shall not affect the validity of the remaining provisions of this agreement. The same applies if and to the extent that a breach should arise in this contract.
- 15.2. Individual agreements made with the customer (including collateral agreements, amendments and amendments) in individual cases shall always take precedence over these general terms and conditions. A written agreement or our written confirmation shall prevail for the content of such agreements. Legal notices or declarations which are to be handed over to us after conclusion of the contract shall be deemed to be in writing.
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