GENERAL TERMS AND CONDITIONS
1 Scope and Providers
(1) These general terms and conditions apply to all orders that you make in the online shop of 4e
trading GmbH, c/o 4elements management GmbH, Högerdamm 41, 20097 Hamburg, Managing director : Stefan Franke.
Service-Hotline: +49(0)431- 382176-63
Fax: +49(0)431-382176- 90
(2) The range of products in our online-shop is meant only for buyers who are age 18 or older.
(3) Our goods, services and offers are issued solely on the basis of these general terms and conditions. The general terms and conditions apply to companies as well as to all future business relationships, even if they are not expressly agreed to. The acceptance of any general terms and conditions of a customer that contradict our general terms and conditions is rejected here and now.
(4) You can download our current general terms and conditions from our website and print them.
2 Conclusion of Contract
(1) The presentation of goods in our online-shop does not constitute a binding proposal to conclude a purchase contract. It is rather a non-binding invitation to order goods in the online-shop.
(2) By clicking on the button “Place order” you are making a binding purchase commitment (§ 145 BGB).
(3) Once the purchase order has been received you will receive an automatically generated e-mail with which we confirm that we have received your order (order confirmation). This confirmation of receipt does not however constitute acceptance of your commitment to purchase. No contract is established by the confirmation of receipt.
(4) A purchase contract for goods is only established once we expressly declare that we have accepted the purchase commitment or when we send the good to you without any prior expressed declaration of acceptance.
The prices stated on the product pages include the legally mandated VAT and other components of the price and are understood as plus the respective shipping costs.
4 Terms of Payment
(1) The payment can be rendered using: “Sofortüberweisung”, Paypal or credit card.
(2) In the case of payment by credit card, the purchase price will be charged to your credit card at the time of the order.
5 Offsetting/Rights of Retention
(1) You only have a right to offset if your claim is legally established or if we have not disputed them.
(2) You can only exercise a right of retention to the extent that your counter-claim is based on the same contractual relationship.
6 Delivery; Reservation of Title
(1) To the extent that nothing else is agreed to, delivery of the goods proceeds from our warehouse to the address you provided.
(2) The good remains our property until the purchase price is paid in full.
(3) If you are a businessman in the sense of § 14 BGB, the following also applies:
– We reserve title to the good until all claims from the current relationship are satisfied in full. Prior to transfer of ownership of the good under reservation of title, the good may not be subjected to any liens or used as collateral.
– You may re-sell the good in a regular business transaction. In this case you assign to us here and now all claims in the amount of the sum billed that might arise from the re-sale. We accept the assignment but you are authorized to collect on the claims. To the extent that you do not properly fulfil your payment obligations, we reserve the right to collect these claims ourselves.
– In the event that the good under reservation of title is combined or mixed with other goods [not belonging to us], we obtain co-ownership of the new item in proportion to the invoiced value of the good under reservation of title to that of the other objects processed at the time they are processed.
– We are obligated to release any securities we hold on demand to the extent that the realisable value of our securities exceeds that of the claims being secured by more than 10 %. We select which securities are released.
7 Notice of Right to Revoke
In the event that you are a consumer in the sense of § 13 BGB are making the purchase mainly for purposes that cannot be attributed to your commercial or freelance employment activity, you have the right of revocation as specified in the following provisions.
Right to Revoke
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the day on which you or a third party appointed by you who is not the freight carrier, have taken possession of the good. In order to exercise your right to revoke, you must inform us of your decision to revoke this contract in a clear declaration (e.g. using a mailed letter, fax or e-mail). Our contact information is as follows:
Company: 4e trading GmbH
Address: c/o 4elements management GmbH, Högerdamm 41, 20097 Hamburg
Fax: +49(0)431-382176- 90
You can use the enclosed sample revocation form enclosed here for this purpose but that is not required. The deadline is deemed met if you send your communication of your exercise of the right to revoke before the revocation deadline expires.
Consequences of Revocation
If you revoke this contract, we must immediately, and at the latest within fourteen days of the date on which the notification of your revocation of this contract is received by us, return to you all payments that we have received from you including the delivery costs (with the exception of any additional costs that result from your selecting a different type of delivery than the lowest cost standard delivery form that we offer). We use the same means of payment that you used in the original transaction, unless something else was agreed to with you expressly; in no case will you be billed any charges for this repayment.
We can refuse repayment until we receive the returned goods or you provide documentation that you have sent the goods back, depending on which happens first. You must immediately, and in any case at the latest within fourteen days of the day on which you notified us of the revocation of this contract, return the good to us or surrender it to us. The deadline is deemed met if you send the good before these fourteen days have expired.
You bear the immediate costs of return shipping of the goods.
You will only be required to pay for any loss in value goods if this loss in value is attributable to an unnecessary action involving the goods as determined by an inspection of their composition, properties and function.
Sample Revocation Form
If you want to revoke the contract, please fill out this form and send it back to us.
Company: 4e trading GmbH
Address: Borsigstr. 24, 21465 Reinbek
Fax: +49(0)431-382176- 90
I/we hereby revoke the contract I/we (*) concluded for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of the consumer(s):
Signature(s) of the consumer(s) (only if communicated on paper)
(*) Cross out what doesn’t apply.
End of Notice of Right to Revoke
(1) The right to revoke does not apply to the delivery of goods that are not pre-fabricated and for whose manufacture an individual selection or specification by the consumer is determinative or that are clearly customized to the needs of the consumer or in the event that sealed goods are delivered which cannot be returned for reasons of human health or hygiene if the seal was broken after delivery.
(2) Please avoid causing damage or contamination. Send the good back in the original packaging if at all possible, with all accessories and with all components of the packaging. Use if needed a protective outer packaging. If you no longer have the original packaging please provide a suitable form of packaging that will provide adequate protection from damages during transport in order to avoid any claims to compensation for damages owing to damages resulting from deficient packaging.
(2a) Returns sent without adequate postage will not be accepted. Provide adequate postage for your return shipment.
(3) Please call us before you send the good back to notify us of the return shipment. Use the number +49(0)431-382176- 63. This will help us to correctly assign the products as quickly as possible.
(4) Please note that the modalities mentioned above in paragraphs 2 and 3 are not a precondition for the effective exercise of this right to revoke.
8 Transport Damages
(1) If goods were delivered with obvious transport damages, please report such damages to the carrier immediately and contact us a rapidly as possible.
(2) Delay in reporting a defect or making contact will have no consequences for your legal warranty claims. You will however assist us in asserting our own claims against the freight carrier and/or the transport insurance provider.
(1) To the extent that nothing else is expressly arranged, your warranty claims are governed by the legal provisions governing purchases (§§ 433 ff. BGB).
(2) If you are a consumer in the sense of § 13 BGB, the expiry period for warranty claims on used items is one year in deviation from the provisions of law. This limitation does not apply to claims owing to damages resulting from injury to life, limb or health or breach of an essential contractual obligation, whose fulfilment makes the regular and proper execution of the contract possible in the first place and on whose fulfilment the contracting party may regularly rely (cardinal obligation) or to claims owing to other sorts of damages that are attributable to intentional or grossly negligent breach of contract by the user or his temporary employees.
(3) In other respects, the warranty is subject to applicable provisions of law.
(4) If you are a businessman in the sense of § 14 BGB, the provisions of law apply with the following modifications:
– For the composition of the good, only our original statements and the manufacturer’s product description are binding, not, however, any public promotional or other statements or advertisements form the manufacturer.
– You are obligated to immediately inspect the good using the required diligence in order to detect any defects in quality and quantity and report any obvious defects to us within seven days of receipt of the good. The deadline is deemed met if the notification is sent before it expires. This also applies from the moment of discovery for concealed defects discovered later. In the case of failure to meet this obligation to inspect and report, the assertion of any warranty claims is excluded.
– In the case of defects, we will fulfil the warranty, at our discretion, by either remediation of the defect or a substitute delivery (subsequent fulfilment). In the event of remediation of defect, we are not obligated to bear the added costs arising from the storage of the good at a location other than the place of fulfilment, to the extent that this storage does not conform with the proper use of the good.
– If subsequent fulfilment fails twice, you can, at your discretion, demand a reduction or withdraw from the contract.
– The warranty period is one year from the delivery of the good.
(1) Unlimited liability: We are liable without limit in cases of malicious intent and gross negligence as well as to the extent provided for in the Product Liability Act. In cases of minor negligence, we are only liable in cases of injury to human life, limb and health.
(2) In all other cases the following limited liability applies: in the case of minor negligence we are only liable in the event of breach of an essential contractual obligation whose fulfilment makes the regular execution of the contract possible in the first place and on whose fulfillment you may regularly depend (cardinal obligation). Liability for minor negligence is limited in amount to damages that were foreseeable on conclusion of the contract and the occurrence of which could regularly be expected. This liability limitation also applies to the benefit of our temporary employees.
11 Conditions for the Redemption of Gift Certificates
The following conditions apply to all gift certificates for Pioneer’s online shop to the extent nothing else is specified:
Validity: Gift certificates are only valid for a limited time and cease to be valid at the date stated on the gift certificate. No extension is possible.
Minimum order: The stated minimum order applies. If no minimum order value is stated, the gift certificate applies without minimum order.
Returning articles: If you assert your right to revoke, the discounted purchase price will be refunded. There is no claim to reimbursement or replacement of a gift certificate.
Exchange of articles: Articles can be exchanged. In the case the gift certificate already used is deemed still valid.
12 Concluding Provisions
(1) Should one or more provisions of these GTCs be or become unenforceable, the enforceability
(2) the remaining provisions will not be affected.
(2) The law of the nation in which you maintain your habitual domicile applies to all contracts between us and you. In other cases, German law applies under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
(3) If you are a merchant, legal person under public law or special estate under public law, the court of jurisdiction for all disputes arising from or in connection with contracts between us and you is
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
Version AGB: 1.1