General Terms and Conditions
1 VALIDITY, DEFINITIONS OF TERMS
1. Matthias "POMESONE" Hohmann, Schillerstr. 31/1, 74211 Leingarten, Germany (hereinafter: "we" or "POMESONE") operates an online store for goods under the website https://pomespone.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 enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
2 CONCLUSION OF CONTRACTS, STORAGE OF THE CONTRACT TEXT
1. The following regulations on the conclusion of contracts apply to orders placed via our online store at https://pomesone.com.
2. Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
3. Only German or English is available as the contract language.
4. Upon receipt of an order in our online store, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
5. In case of conclusion of the contract, the contract is concluded with Matthias Hohmann, Schillerstr. 31/1, 74211 Leingarten, Germany.
6. Before the order is placed, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, shall be carried out by e-mail after the order has been placed by you, in part automatically. We do not store the contract text after conclusion of the contract.
7. input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by canceling the ordering process prematurely, closing the browser window and repeating the process.
8.The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3 PROTECTION OF MINORS
1. By placing an order with Matthias "POMESONE" Hohmann, you confirm that you have reached the age of 18.
2. The customer is obligated to ensure that only he himself or persons of legal age authorized by him to accept the delivery accept the delivery of goods. In the case of delivery, the logistics service provider commissioned shall be entitled to demand proof of age.
3. If persons who are not of age place orders, Fels & von Lintel GbR hereby revokes the contract as a precautionary measure in accordance with § 109 BGB (German Civil Code). The persons of full age authorized to take care of or represent the minor ordering under false information shall be liable for all damages arising from the orders placed under false information in accordance with the statutory provisions.
4 Subject of the contract and essential characteristics of the products
1. In our online store, the subject of the contract is:
a) The sale of goods. The specific goods offered can be found on our article pages.
b) The essential characteristics of the goods can be found in the item description.
c) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
5 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 is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
3. In addition to the prices indicated, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
4. All products offered are ready for shipment, unless clearly stated otherwise in the product description (delivery time: delivery within 2 - 7 working days after receipt of payment).
5. The following delivery area restrictions apply: Delivery is made to the following countries: GERMANY.
6 RIGHT OF RETENTION, RESERVATION OF TITLE
1. You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
2. The goods remain our property until full payment of the purchase price.
7 RIGHT OF REVOCATION
As a consumer you have a right of withdrawal. This is governed by our cancellation policy.
Our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
1. The warranty shall be governed by the statutory provisions.
2. Towards entrepreneurs the warranty period on delivered goods is 12 months.
3. As a consumer, you are requested to inspect the item immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
The colors of the products shown on the Internet may differ slightly from the original for various reasons (lighting conditions when taking the picture, monitor settings, quality of the graphics card, etc.).
11 FINAL PROVISIONS
1. German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
2. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly 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 shall be the registered office of the Provider.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.