Terms of service

Table of Contents

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

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of PandaCeramic GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller with respect to the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby expressly rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession.

1.3 A business within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

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 enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may 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 e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the submission of the offer by the Customer and ends with the expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement, available at PayPal User Agreement, or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, available at PayPal No Account Terms. When paying with a PayPal payment method selectable in the online order process, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent their order. No further provision of the contract text by the Seller takes place. If the Customer has created a user account in the Seller’s online shop prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the magnification function of the browser, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages may be available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using spam filters, that all e- mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

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 withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If the Customer selects a payment method offered via the “PayPal” payment service, payment processing is carried out via PayPal, which may use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller advances payment (e.g. purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider designated by PayPal. Before accepting the assignment declaration, PayPal or the payment service provider designated by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. Payment can then only be made with debt-discharging effect to PayPal or the designated payment service provider. The Seller remains responsible, however, for general customer inquiries (e.g. regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations, or credit notes).

4.4 If the Customer selects a payment method offered via “Shopify Payments,” payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services for which special payment conditions may apply; the Customer will be informed separately, if applicable. Further information on “Shopify Payments” is available at: Shopify Payments Terms.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided by the Customer during order processing with the Seller is decisive. In deviation from this, the delivery address stored by the Customer with PayPal at the time of payment is decisive when selecting PayPal as payment method.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of the initial shipment if the Customer validly exercises their right of withdrawal. For return costs in the event of a valid withdrawal, the Seller’s withdrawal policy shall apply.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer once the Seller has delivered the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk passes only upon delivery of the goods to the Customer or an authorized recipient. By way of exception, the risk already passes to the Customer when the Seller delivers the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned this party and the Seller has not previously named such party to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration promptly refunded.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, title shall remain with the Seller until full payment of the purchase price has been made.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects shall apply. Deviating from this, for contracts for the delivery of goods the following applies:

7.1 If the Customer acts as a business:

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not start anew if a replacement delivery is made under warranty.

7.2 The above limitations of liability and shortening of time limits do not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their normal use for a building and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 For businesses, statutory limitation periods for statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set forth therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report goods with obvious transport damage to the deliverer and notify the Seller accordingly. Failure to comply with this request shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds:

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee, unless otherwise provided,
• under mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to foreseeable, typical damage, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content, which are essential for achieving the purpose of the contract, and on whose fulfillment the Customer may regularly rely.

8.3 In all other respects, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller’s legal representatives and vicarious agents.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s place of business is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to bring an action before the court at the Customer’s place of business.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.