Conditions

Responsible for content according to § 55 RStV:

Mr. Jonas Diezun

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr .

We are not willing to participate in dispute resolution procedures before consumer arbitration boards.

General terms and conditions and customer information

  1. Terms and Conditions

  • 1 Basic Provisions

(1) The following terms and conditions apply to the contracts that you have with us as a supplier (POWRX GmbH) via the website www.powrx .de close. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

  • 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services.

(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods and/or repair services intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.

After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment System.

If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the internet browser) or canceling the order.

By sending the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g.by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer)

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

  • 3 Provision of services for repairs

(1) Insofar as repair services are part of the contract, we owe the repair work resulting from the service description. To the best of our knowledge and belief, we provide this personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including delivery of the device for shipment, will take place within 5 - 7 days after receipt of the device to be repaired (however, if advance payment has been agreed only after the time of your payment instruction).

(5) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.

  • 4 Special agreements on offered payment methods

(1) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

  • Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.

More information and Klarnas terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

More information about Klarna can be found here. You can find the Klarna app here.

  • 5 Right of retention, retention of title

(1) You can only exercise a right of retention if the claims are from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

  1. a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed.

  1. b) You can resell the goods in the ordinary course of business.In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

  1. c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

  1. d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

  • 6 Warranty

(1) The statutory warranty rights apply.

(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:

- culpably caused damage to us from injury to life, limb or health and other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.

(3) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this has no effect on your statutory warranty claims.

(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

  1. a) Only our own information and the manufacturer's product description are agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

  1. b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.

  1. c) The warranty period is one year from delivery of the goods.The reduction of the deadline does not apply:

- culpably caused damage to us from injury to life, limb or health and other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;

- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;

- in the case of legal recourse claims that you have against us in connection with warranty rights

  • 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law . The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

  1. Customer Information

  1. Identity of seller

POWRX GmbH

Robert-Bosch-Str. 7

73257 Koengen

Germany

Phone: 07024409110

Email: info@powrx.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

We are not willing to participate in dispute resolution procedures before consumer arbitration boards.

  1. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

  1. Contract language, contract text storage

3.1. Contract language is German .

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

  1. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertigungsbedingungenpdf.

4.2. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

  1. Essential characteristics of the good or service

The essential features of the goods and/or service can be found in the respective offer.

  1. Prices and terms of payment

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.

6.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

  1. Terms of delivery

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipping is at your own risk.

  1. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

  1. Termination

9.1. Information on terminating the contract and the terms of termination can be found in the regulations on "repair services" in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were drawn up by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.

last update: 2710.2020

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