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| General trading conditions |
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| Important information for shop users: Your browser must support cookies, and it must also be activated to accept them. The cookies our server sends out are not saved to your hard disk because they do not have an expiry date! They are only active for as long as your browser is running. Cookies only store a piece of information, the so-called SESSION ID. This is used to identify you again when go to another page on the Web site. This has the following benefits: If you activate the English mode on one of our pages, all the pages you visit in that session with English contents are displayed in English. The shopping basket function, where you can place, or remove, all the goods you order during the current session. This simplifies the ordering procedure considerably. Our server also needs your session ID if you want to use the basket. If you are running Microsoft Internet Explorer version 5 or later you can change the security settings, which allow you to permit or prohibit temporary and saved cookies independently of one another. Your browser must accept temporary cookies if you want to use our shopping basket! Order procedure If you have activated your browser to accept cookies, you can order articles on our Web site in the following sequence of events: Article list, select category Select article Place article in shopping basket Open shopping basket Either select further articles or go to check-out (complete the form with your personal details first) Enter your details and confirm Please enter your details in the right sequence. Please enter your details from top to bottom and confirm then when you are asked to do so. This is indicated with the sign . Then fill in the boxes marked in red or correct them as required. To the check-out (overview of your order as it is received by proDAD GmbH) Send order now Please confirm your details Our system uses the following procedure. First enter your details, and then confirm them where we are able to offer you alternative possibilities. This shop system offers you further options derived from a piece of information you have entered. However, before the system is able to analyse your details, you must confirm them first by clicking the button The advantage of this method is that it offers the flexibility necessary to meet your individual wishes, as well as with regard to invoicing or shipping. Important information regarding the processing of your e-shop order: Sending details by fax or in writing In order to achieve a maximum degree of security when paying by credit card or automatic debit transfer, you can send your personal details using conventional methods, i.e. by telephone, by post or by fax. If you want to send the information using the latter method, simply print the order confirmation, add the relevant bank or VISA/MasterCard details, and fax the confirmation to us. We will only carry out your order when we have received these details. Alternatively, you can of course send the relevant information together with your order if you select one of the options "Automatic Debit Transfer " or "Credit Card". Shipping costs We calculate shipping costs individually for goods which are to be delivered within Germany and the European Union in order to keep the cost to you as low as possible. Your order will not be deemed to have been confirmed until you have been notified of, and you have accepted, these shipping costs. We will only carry out your order when these conditions have been met. Important information regarding payment methods: Payment by direct debit / automatic debit transfer (only available in Germany) You must hold a German bank account in order to be able to pay by direct debit. You are then accorded the status of a direct debit subscriber. You retain this status until you revoke it or we terminate it (e.g. in the event of your bank returning a debit order). As a direct debit subscriber, all orders you subsequent place can be processed using this procedure. We deliver all ordered goods without demanding cash on delivery. When goods leave our premises, we instruct our bank to book the sum due from your account. The invoice sum is usually charged to your account approx. 2-4 days following shipment. In seldom cases, the invoice sum may be charged to your account before you have actually received the ordered goods (e.g. when packages are sent to the wrong address because the postal code is incorrect). However, this problem is usually resolved the following day. Please contact us if this should not be the case. Should any dispute arise regarding the sum that has been charged to your account, the invoice sum or the delivered goods, please contact us straight away (preferably by telephone). We will then solve any problem without the need to retransfer the sum debited, which would involve further costs. If you supply us with incorrect account information, or in the event of your bank returning a debit order for reasons for which we are not responsible, you will be invoiced for the bank's retransfer charges (min. € 12.50). Payment by credit card We accept payment by Eurocard, MasterCard and Visa! You place your order and provide your credit card details. Once these details have been checked, we will deliver the goods you have ordered and give instructions for the invoice sum to be charged to your credit card account. Our invoice sum will then appear as usual on your monthly credit card statement. Your credit card details will naturally be handled confidentially, and will not be passed on to third parties. We do not save the data on our Web server, but in our internal order management system, which is protected using multiple security systems. Important information on delivery If you are not available when the goods are delivered, ...you can pick up and pay for your parcel within a period of one week at your post office. You must provide proof of identification. ...the UPS driver will call again twice on the following workdays (not Saturday!). If the delivered parcel shows signs of damage (the box is torn open, damaged or wrapped in plastic film). Open the parcel in the presence of the person from the parcel delivery service and compare the contents with the enclosed delivery note! In the event of any discrepancies, ensure that the delivery service provides written confirmation and report the transport damage to us. Important information on returning goods Audio / video recordings and software may only be returned unopened in their original packaging, Hardware which contains sealed software can only be returned with the original sealed software. Before you return any goods, you must apply for a goods return number. At the same time, we will then decide how to reimburse the costs of the goods concerned. The goods return number must be clearly and legibly noted directly ON THE RETURNED GOODS. We will not accept any returned goods which do not bear a goods return number. Terms and conditions GENERAL TERMS AND CONDITIONS 1. General The following standard contract terms shall apply to all deliveries and offers of proDAD GmbH. Counter-confirmations of the buyer with reference to the buyer's own standard or sales terms and conditions are hereby objected to. Any deviations to these standard terms shall only be effective if proDAD GmbH has confirmed such deviations in writing. 2. Offer and Object of the Contract Our offers shall not be binding in relation to performance, quantity and collateral performance. The offer regarding quantity of supply shall be limited to the inventory on hand and is made in the form of a non-specific obligation limited by individual contract. We hereby expressly reserve the right to make technical modifications. 3. Prices, Postage and Packaging, Partial Delivery (1) Generally, our prices shall be those referred to in our shopping basket on our Web site at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (browser cache, proxies) may not be current and are thus invalid. It is not possible to save our shopping basket temporarily. We reserve the right to correct prices that result from typographical errors or errors in calculation. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution centre excluding packaging, freight or pre-freight. The customer shall bear any postage and packaging costs. (2) The price of products that are marked as "announcement" shall be based on non-binding information by suppliers or manufacturers and shall be subject to change until such time as the product comes on the market. Pre-announced products may be purchased at the published price. proDAD GmbH cannot guarantee the price or appearance of the product or the date when the product shall appear on the market. (3) Packaging materials shall become the property of the customer and will be charged by proDAD GmbH in the postage and packaging costs. (4) Costs for postage and packaging will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the shopping basket prior to any online order or, in the event of an order by telephone, they shall be quoted and shown separately on the invoice. The method of shipment shall be chosen by proDAD GmbH or by the express choice by the customer. The shipping costs for orders to be delivered to destinations outside of the European Union will be individually calculated, and must then be accepted by the party placing the order before the order shall be deemed by proDAD GmbH to have been confirmed. (5) In the case of partial shipments that have been arranged or offered by proDAD GmbH, follow-up shipments shall be made free of shipping charges. In the event that a customer wishes for shipment in specific lots, the additional costs for the shipment of each lot shall be borne by the customer. 4. Delivery Period (1) The delivery periods are dependent on the products. In the event that a delay occurs after an order has been made, the customer shall automatically be informed by e-mail. (2) In the event that delivery is impossible, without this being the responsibility of anyone, proDAD GmbH shall be entitled to terminate the contract. The customer shall not be entitled to damages as a result thereof. 5. Passage of Risk and Warranties (1) If the customer picks up the goods at the premises of proDAD GmbH, then the risk of accidental loss or accidental damage to the goods shall pass to the customer at the time when the goods are transferred to the customer. In all other cases, this risk shall pass to the customer as soon as the shipment has been delivered to the customer by the company that was commissioned to deliver the goods. (2) The warranty period shall begin at the time when the goods are delivered. Obvious defects in the products or the performance rendered by proDAD GmbH must be notified in writing immediately, at the latest within fourteen days after receipt of the goods. If such defects are not notified in time, the goods are deemed to have been approved and accepted, with all inherent warranty rights expiring. (3) If all warranty measures (repair) fail within a reasonable period of time, the customer shall be entitled to choose between reducing the purchase price or rescinding the contract. Only the direct customer shall be entitled to warranty rights and these rights are not assignable. Repairs shall be carried out within normal working hours unless otherwise agreed. In the case of returned goods, a goods return number must be agreed first, and this number must then be noted on the returned package. (4) proDAD GmbH shall not be liable for normal wear and tear of the good or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use. (5) If the delivered item has been repaired or modified by the customer or by a third party without written approval by proDAD GmbH, all warranty rights shall expire. Sentence 1 shall not apply if the customer proves beyond doubt that the defects at issue have not been caused by the modifications carried out by him or the third party. (6) Alterations of design and form which are a result of technology improvements or legislative requirements shall be reserved during the delivery period, provided that the item to be delivered is not substantially altered or modified and that the customer can reasonably be expected to accept such modifications. 6. Restrictions on Liability (1) The following restrictions on liability shall not apply to damage which occurs as a result of intentional acts, gross negligence or the absence of guaranteed product qualities or damage to persons. (2) Claims for damages resulting from impossibility or default of performance, from a violation of contract, from pre-contractual obligations (culpa in contrahendo) and from a tortious act which are directed either against proDAD GmbH or its agents shall be limited to the amount which proDAD GmbH reasonably expected to receive at the conclusion of the contract. Where the damage does not result from the violation of an essential contractual obligation, the amount of damages shall be limited to a maximum amount of ten times the contractual value. The customer shall be responsible for the safe storage of its data. Any liability for the loss of data shall be excluded, unless the loss of data has been caused by intentional or grossly negligent acts or omissions by proDAD GmbH or has resulted from the absence of product qualities guaranteed by proDAD GmbH. 7. Payment (1) Unless otherwise agreed, all invoices by proDAD GmbH shall be payable immediately without any deductions. (2) The customer shall be entitled to choose among several different methods of payment which shall be offered depending on the order amount, the delivery type and the shipment address. (3) proDAD GmbH hereby reserves the right to fulfil the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offertory of the respective payment method has rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order. (4) Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer. (5) Bills of exchange or cheques shall only be accepted as payment and can be refused at any time. In each case, the acceptance of cheques or bills of exchange shall be deemed to constitute payment only after they have been cashed. In the event that a bill of exchange is accepted, the normal discount and collection fees shall be charged; they shall be due immediately. (6) In the event of default of payment, proDAD GmbH shall be entitled to charge interest of at least 3 percentage points above the applicable base rate contained in the German Discount Rate Transition Act but at least 6 % p.a. (7) Any set-off of counterclaim shall not be permitted unless proven at law or if accepted by proDAD GmbH. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded. 8. Reservation of Title All items delivered by proDAD GmbH remain its property until such items have been paid in full and all claims resulting from any given transaction have been met. This shall also apply to conditional claims. If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of items owned or co-owned by proDAD GmbH must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which proDAD GmbH undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims (including all claims for balances under the current account) which arise in connection with the items being sold on or on any other legal grounds to proDAD GmbH. The customer is hereby irrevocably entitled to collect on its behalf and for its account all claims assigned to us. This direct debit authorisation may be revoked if the customer does not meet its payment obligations in an orderly manner. 9. Termination (1) In the event that the financial situation of the customer deteriorates substantially to the extent that his/her ability to meet payments is in doubt, proDAD GmbH shall be entitled to terminate the contract or to withhold its delivery and performance and to grant the customer a reasonable period within which he/she shall render advance payments or provide security. After the expiration of such period, proDAD GmbH shall be entitled to terminate the contract. (2) The customer shall be entitled to terminate the contract at any time until the goods have been delivered, unless otherwise agreed. The customer is not required to give reasons for terminating the contract. 10. Revocation and Obligation to return the Goods The following provision shall apply only to consumers, i.e. any natural person who enters into a legal transaction for a purpose which can be attributed neither to his/her commercial or independent professional activities: (1) The customer shall no longer be bound to his/her declaration to conclude a sales contract if he/she revokes it within a period of two weeks after receipt of the first shipment. Such revocation must be in writing, and must include a statement describing the condition the goods. The deadline is deemed to have been met if the revocation has been sent in time to proDAD GmbH, Immendingen. (2) On receipt of the revocation, proDAD GmbH shall be obliged to reimburse all payments which it may have received. In turn, the customer must return the shipment to proDAD GmbH at his/her own cost and risk, unless an individual agreement has been met which contains terms in deviation of these terms. Goods may only be returned by prior arrangement with proDAD GmbH and by quoting so-called goods return number. This must be legibly noted on the goods to be returned. proDAD GmbH has the right to refuse to accept delivery of returned goods which do not bear the required authorisation and irrespective of any costs which may be thereby incurred. (3) Any returns of audio or video recordings or software or hardware to which sealed software is attached shall only be accepted if the items are sealed. If the customer is responsible for the deterioration, loss or other impossibility, he/she must reimburse proDAD GmbH for the full value, or the reduction in value, of the goods as appropriate. Reimbursement for use of the goods up to the time of revocation of the contract is to be made to the customary sum of a payment for rent in accordance with § 361 of the German Civil Code (BGB). 11. Assignment of Claims The customer shall not be entitled to assign his/her claims under this contract. 12. Data Protection <info@prodad.com> <www.prodad.com>(1) The customer hereby authorises proDAD GmbH, and declares his agreement to the same, to process, store and evaluate, within the scope of the current data protection laws, customer data which it receives in connection with the business relationship. (2) proDAD GmbH shall save and use personal customer data to process orders and potential complaints. proDAD GmbH shall use the customer's e-mail address only for information letters which accompany the orders and, if desired by the customer, for its own newsletters. (3) proDAD GmbH shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum. (4) The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data. 13. Miscellaneous (1) These standard terms and conditions contain all rights and obligations of the contract parties. Any other agreements or declarations of intent by the contract parties must be in writing. This shall include any amendment to, or modification of, this form requirement. (2) Immendingen shall be the exclusive place of jurisdiction for all legal disputes which may arise between the contract parties. (3) The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. (4) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such provisions which are valid and come closest to the commercial purpose intended by the parties. proDAD GmbH Gauertstr. 2 78194 Immendingen Germany Tel.: +49 (0) 7462/9459-0 Fax.: +49 (0) 7462/9459-79 info@prodad.com www.prodad.com Place of Jurisdiction: Immendingen Commercial Register HRB 1077, Amtsgericht Tuttlingen Managing Directors: Andreas Huber, Holger Burkarth |
