General Terms and Conditions
General Terms and Conditions
The present General Terms and Conditions shall apply to all our online-shop-based contracts we may conclude with you.
Our products are intended for commercial use. Therefore, our online shop is for companies that fall within the meaning of § 14 BGB (German Civil Code), i.e. natural persons or legal entities or business partnerships capable of holding rights that, when concluding a legal transaction, act in pursuance of their commercial or self-employed vocation.
2. Conclusion of Contracts
The products listed in the online shop constitute a product catalogue subject to change. When you have opted for a product, you can put it in your shopping basket, without entering into any obligation, by clicking on the respective buttons. You can view said shopping basket, without entering into any obligation, by clicking on the button "shopping basket". You can remove products from your shopping basket by clicking on the button "Delete item". If you want to buy the products in your shopping basket, click on the "next" button and then enter your data. Mandatory input is asterisked. The data will be encrypted. After said input, you will get to the order page, where you can check your input and change it by clicking on the button "previous step" or the "edit" buttons. Clicking on "order now" will conclude the order process. You can stop the process at any time before clicking on the button "order now" by closing your browser window.
We will then e-mail you a confirmation that we have received your order. This e-mail may include an acceptance of your order, which would constitute a binding sales contract. If the order has not been expressly accepted therein, it is the dispatch of the ordered products that will constitute the binding sales contract. If the offer has not been accepted within five working days in case of consumers (within the meaning of the German legal term “Verbraucher”) and 10 working days in case of businesses, this will constitute non-acceptance of the offer).
If you are a consumer, a binding contract is entered into beforehand as follows:
− If you have chosen the PayPal mode, a sales contract will come about once you have confirmed your payment to PayPal.
− If you have chosen the “SEPA direct debit procedure”, the sales contract will come about once you have mandated the transfer.
If you will register with us prior to your order placement, we will store the text of the contract and you can view your order at any time. The present General Terms and Conditions can also be called up on our website and be printed.
The available contractual languages are German, English, French and Italian.
3. Payment Methods
The following payment methods are available for payment
With submission of the order you indicate your credit card data. We accept all major credit cards. After your legitimacy as a legitimate cardholder, the payment transaction will be processed and your card will be charged accordingly.
During the order process, we will forward you to the website of the online provider Paypal. In order to pay for your order using PayPal, you must be a registered PayPal user or you must first register, validate your login data, and confirm the payment to us. After you checkout, we will request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information will be provided during checkout.
SEPA direct debit procedure
When placing the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit. (Prenotification) By submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged. The account is debited after you have received the goods. The period for advance notice of the date of the account debit (prenotification period) is 3 days.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. In case of payment by invoice, the purchase price is due 10 days after the invoice is issued.
We reserve the right, after checking your customer information, not to offer certain payment methods and to refer to other payment methods.
4. Cancellation Policy
Right to Cancel
You have the right to cancel the contract within 14 days without having to give any reason. This period commences on the day you or a third party nominated by you and not being the forwarder have/has taken possession of the last article. To exercise this right you will have to notify
Papier Direkt GmbH, Renkerstr. 32, 52355 Düren, Germany
Phone: +49 (0) 2421 590 7 590, Fax: +49 (0) 2421 590 78 590, E-Mail: firstname.lastname@example.org
In clear and unequivocal terms (by means of, for example, a mailed letter, a fax or e-mail). You may use the appended template but do not have to. To meet the deadline it will suffice if you mail your cancellation before said period expires.
Consequences of a Cancellation
If you cancel a sales contract, we will have to refund you all your payments, including freightage or p&p (with the exception of the extra costs resulting from you having chosen another mode of delivery than our inexpensive standard mode), no later than 14 days upon the day we have received your cancellation. Unless expressly agreed otherwise, for said refund we will use the same payment mode you had originally chosen. Said refund will not incur costs on your part. We may refuse to effect the refund for as long as you have not returned the goods or furnished proof you dispatched them, whichever comes soonest. You will have to return the goods no later than 14 days upon the day you have notified us of your cancellation. To meet this deadline it will suffice if you dispatch the goods before it expires. You will have to bear the direct costs of said return. You will only have to pay for any depreciation if this can be put down to any handling of the goods on your part that was not limited to an inspection of their condition, properties and functions.
End of the information about the right to cancel
5. Reservation of Ownership
If the customer is a consumer, the transfer of ownership occurs once the goods have been paid in full.
If the customer is a business, the following shall apply:
We reserve ownership until all our receivables arising from the business relationship with the customer have been paid. The customer undertakes to treat the goods carefully and must notify us immediately of any access by third parties (e.g. in case of an attachment) or any damage or destruction, change of possession and the customer’s change of domicile. If the customer is in breach of contract, we are entitled to withdraw from the contract and ask for a return of the goods. The customer is entitled to sell the goods in the ordinary course of business and hereby assigns to us all its resultant receivables. We accept such assignment. After this assignment, the customer is authorised to collect the receivable. We reserve the right to collect it by ourselves, should the customer be in default of payment.
6. Delivery and Transfer of Risk
If the customer is a business, the risk of accidental loss and deterioration is transferred to the customer with the hand-over of the goods to the forwarder. Delivery shall be deemed to have occurred even if the customer is in default of acceptance.
If the customer is a consumer, all statutory rights shall apply.
If the customer is a business, the following shall apply:
Our papers have been tested for being used in copying machines, inkjet and laser printers, but we cannot guarantee such use in special devices. Therefore every use of our products is at the user’s risk. We are not liable for their usability or for any damages resulting from their non-usability. We do not give guarantees in the legal sense. This is without prejudice to manufacturers’ guarantees.
In case of defects, we will rework the products or dispatch a replacement, at our discretion.
If any of the above fails, the customer can ask for a reduced price or withdraw from the contract. However, if the breach of contract is minor, a minor defect in particular, the customer shall have no such right of withdrawal.
The customer must notify us in writing of any apparent defect within two weeks upon receipt of the goods or any warranty is excluded. To meet the deadline a timely dispatch shall suffice.
We are liable without limitation if the damage can be put down to wilfulness or gross negligence. We are also liable for a slight negligence of essential duties whose breach puts the purpose of the contract in jeopardy or whose fulfilment forms the basis for a proper execution of the contract and whose fulfilment customers can ordinarily expect. This is, however, limited to any foreseeable damage typical for this type of contract. We shall not be liable for any slightly negligent breach of any other duties. The limitations above shall not apply to any culpable injury to life, limb and health, when guaranteeing a product’s condition and to defects intentionally misrepresented by silence. This shall be without prejudice to any liability pursuant to the Product Liability Act. If and to the extent that our liability is excluded or limited, this shall also apply to employees, representatives or vicarious agents’ personal liability.
9. Online dispute settlement
We are not taking part in the alternative dispute settlement procedure in consumer goods pursuant to § 36 VSBG.
These General Terms and Conditions are governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. If the customer is a consumer, the choice of law and jurisdiction only applies to the extent that he or she may not forfeit the protection afforded him or her by mandatory provisions applicable in the country of his or her usual abode. CISG shall not apply. If the customer is a “Kaufmann” within the meaning of this German legal term, a legal person under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from the contract shall be where we are domiciled. The same shall apply if the customer has no place of general jurisdiction in Germany or his or her place of residence or usual abode at the time a suit is being filed remains unknown. If individual provisions in the contract with the customer, including these General Terms and Conditions, are ineffective, either in part or in full, this shall be without prejudice to the remainder of the provisions.
11. Contractual Partner of the Customer
Papier Direkt GmbH
Amtsgericht Düren HRB 6704
Managing Director: Maria Schraml
VAT N°: DE 292 504 011
12. Cancellation Template
(If you want to cancel the contract, please complete this form and send it to us.)
Papier Direkt GmbH
Fax. +49 (0) 2421-590 78 590
I(*)/we(*) hereby cancel the contract on the purchase of the following goods(*)/the following services(*).
Ordered on (*)/received on (*)
Consumer’s signature (in case of a hard copy)
(*) Please delete where inapplicable.