General Terms and Conditions with Customer Information

Table of Contents:

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty Claims (Guarantee)
  8. Special Conditions for Repair Services
  9. Applicable Law
  10. Jurisdiction
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of PowerPac Baumaschinen GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. Any terms and conditions of the Customer that contradict or deviate from these GTC shall not apply unless expressly agreed otherwise.

1.2 Consumer in the context of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business, or profession.

1.3 Entrepreneur in the context of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do so, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process, thereby submitting a legally binding contractual offer regarding the goods in the shopping cart. Alternatively, the Customer can also submit the offer by email, fax, online contact form, post, or telephone to the Seller.

2.3 The Seller can accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the Customer has placed his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to PayPal's terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal-offered payment method selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the moment when the Customer clicks the button that concludes the ordering process.

2.5 If the Customer selects the payment method "Amazon Payments", the payment processing is handled by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement available at https://payments.amazon.de/help/201751590. By selecting "Amazon Payments" as the payment method during the online ordering process, the Customer also authorizes a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the moment when the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) following the submission of the Customer's order. The Seller does not provide any further accessibility to the contract text. If the Customer has set up a user account in the Seller's online shop before submitting his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge using his password-protected user account and by providing the corresponding login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective means of correcting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 Different languages are available for concluding contracts. The specific language selection is displayed in the online shop.

2.9 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of a European Union member state and whose sole domicile and delivery address are outside the European Union at the time of contract conclusion.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may apply are separately stated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered by "PayPal" is selected, the payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller makes advance payments to the Customer (e.g., purchase on account or installment payment), the Seller assigns his payment claim to PayPal or to the payment service provider specifically named by PayPal and the Customer. Before accepting the assignment declaration of the Seller, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries such as regarding the goods, delivery time, dispatch, returns, cancellations, or credits, even in case of assignment of claims.

4.6 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in his payment information in the online shop about a corresponding payment restriction.

4.7 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in his payment information in the online shop about a corresponding payment restriction.

4.8 If the payment method "purchase on account via abcfinance" is selected, the purchase price is due after the goods have been delivered and invoiced. In