Terms and Conditions
§ 1 Validity, definition of terms
(1) Aichinger Merchant House GmbH & Co KG, Lindenstr. 36, 06905 Bad Schmiedeberg, Germany (hereinafter: “we” or “Pingutherm Heat Pads”) operates an online shop for goods on the website https://www.pingutherm.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. "Entrepreneur" is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://www.pingutherm.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Add the products by clicking the appropriate button (e.g. "In the shopping cart", "In the shopping bag" or similar),
- Checking the information in the shopping cart,
- Call up the order overview by clicking the corresponding button (e.g. "Continue to checkout", "Continue to payment", "To order overview" or similar),
- Entering / checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete the order by clicking the "Buy now" button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.
(4) If the contract is concluded, the contract with Aichinger Merchant House GmbH & Co KG, Lindenstr. 36, 06905 Bad Schmiedeberg, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by email after you have placed the order, in some cases automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's »back button«). You can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject of the contract in our online shop is:
- The sale of goods The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the article description.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless otherwise expressly agreed, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid prior to delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective article is shown as free of shipping costs. The shipping costs are clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all offered products are ready for dispatch immediately (delivery time: 3 - 4 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place in the following countries: Germany.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy .
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and financial damage attributable to the is typical for the contract foreseeable damage limited. An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Contract Language
Only German is available as the contractual language.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for goods delivered is 12 months.
(3) As a consumer, you are asked to check the item / the digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible of course no effect on your statutory warranty claims.
§ 10 final provisions
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) 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 is the provider's registered office. .