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General terms and conditions of the PLUMERIA Produktions- und Handels GmbH
1. scope of application
These General Terms and Conditions (GTC) apply to all contracts and other services of any kind whatsoever and to both written and telephone as well as online orders placed with PLUMERIA Produktions- und Handels GmbH. By placing an order, you acknowledge these General Terms and Conditions and declare your agreement with them.
2. order, delivery, conclusion of contract
Orders can only be accepted by fully contractually capable persons. Customers under the age of 18 require the signature of their legal representative. PLUMERIA Produktions- und Handels GmbH is entitled, in the event of your withdrawal from the contract, to demand the direct costs of the return shipment; however, it reserves the right to exercise this right. Price advantage actions as well as customer discounts are only valid until revoked.
Immediately after receipt of your order you will receive a formal order confirmation by e-mail. This states that PLUMERIA Produktions- und Handels GmbH has received your order. A contract is only concluded with the acceptance of your order by PLUMERIA Produktions- und Handels GmbH. This acceptance takes place within 30 days at the discretion of PLUMERIA Produktions- und Handels GmbH either by delivery of the goods or by transmission of a written order confirmation. Notification of receipt of your order shall not be deemed acceptance of the order. PLUMERIA Produktions- und Handels GmbH is free not to accept online orders. The decision about this is at their free discretion. Should PLUMERIA Produktions- und Handels GmbH not execute an order, it shall inform the customer of this circumstance immediately by e-mail.
PLUMERIA Produktions- und Handels GmbH shall not be liable in the event of obstacles to delivery in the area of suppliers and producers. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which PLUMERIA Produktions- und Handels GmbH is not responsible, PLUMERIA Produktions- und Handels GmbH's obligation to deliver shall expire. In such a case you will be notified immediately. PLUMERIA Produktions- und Handels GmbH is therefore entitled to withdraw from the contract if obstacles to delivery arise which are not attributable to PLUMERIA Produktions- und Handels GmbH. Claims for damages are excluded to the extent permissible. If PLUMERIA Produktions- und Handels GmbH is in default with a delivery despite setting a grace period of at least 14 days, you as the customer can declare to withdraw from the contract.
PLUMERIA Produktions- und Handels GmbH will charge you a flat shipping fee per delivery. In individual cases, an additional bulky goods surcharge may be invoiced, the amount of which is attached to the respective product. Even in the case of partial return shipments, the shipping costs will be charged in full. Bonuses will be deducted from the value of the goods, but not from the shipping costs.
The data of the order are stored in the shop and can be viewed under "My account". After sending the order an order confirmation is sent by mail to the mail address indicated by you.
Due to the colour rendition of the computer of the orderer it can come to colour deviations between the colours indicated on the Website and the real colours of the models. PLUMERIA Produktions- und Handels GmbH therefore does not guarantee that the colours displayed on the website match the actual colours of the models.
3. payment, default of payment, retention of title
The purchase price is due for payment within 14 days of the invoice date. The goods remain the property of PLUMERIA Produktions- und Handels GmbH until they have been paid in full by you. All prices are quoted inclusive of the respective statutory value-added tax and plus a flat-rate delivery charge. Payment can be made by credit card (Visa, Mastercard), by immediate bank transfer, by open invoice or by cash in advance after prior determination by PLUMERIA Produktions- und Handels GmbH. If PLUMERIA Produktions- und Handels GmbH delivers the goods cash on delivery, PLUMERIA Produktions- und Handels GmbH reserves the right to charge an additional cash on delivery fee.
If you are in default of acceptance, PLUMERIA Produktions- und Handels GmbH may either store the goods and insist on fulfilment of the contract by charging a storage fee of 0.1% of the invoice amount per calendar day or part thereof, or withdraw from the contract after setting a reasonable period of grace and resell the goods after withdrawal. In the event of rescission, you shall pay a lump-sum compensation of 25% of the invoice amount in addition to the storage costs. In the event of default in payment, PLUMERIA Produktions- und Handels GmbH is entitled to withdraw from the contract after setting a reasonable grace period and to demand the return of the delivered goods from the customer.
In the event of default in payment, PLUMERIA Produktions- und Handels GmbH shall also be entitled to charge default interest of 12% p.a. and reminder charges (up to € 5,- for each reminder). Subsequently, a debt collection agency will be commissioned to collect the receivables. They are obligated to reimburse the collection costs, which result in particular from the regulation of the Federal Ministry for Economic Affairs (BGBl. 141/1996 in the valid version) about the maximum rates of the collection agencies due remunerations.
4. right of withdrawal, right of revocation
PLUMERIA Produktions- und Handels GmbH grants you a 14-day right of withdrawal until revocation from the date of receipt of the goods delivery if you are a consumer within the meaning of the KSchG and have placed an online order. Saturday does not count as a working day. The withdrawal does not have to contain a reason, the dispatch of the goods to the return address stated on the invoice is sufficient to meet the deadline. The goods must be properly packaged, unused and undamaged and sent back to the address indicated together with the original invoice. Within Austria, the return of goods ready for parcel shipment is at the risk and expense of PLUMERIA Produktions- und Handels GmbH.
Withdrawal and/or revocation are to be addressed to:
PLUMERIA Produktions- und Handels GmbH
DE-65843 Sulzbach, Germany
5. creditor protection
You agree that PLUMERIA Produktions- und Handels GmbH is entitled to transmit your name, date of birth and address to a credit checker in order to obtain information about your creditworthiness in the event of delivery on open account (payment by payment slip). Under certain circumstances PLUMERIA Produktions- und Handels GmbH reserves the right to submit proof of income or PLUMERIA Produktions- und Handels GmbH reserves the right to deliver cash on delivery in case of insufficient creditworthiness. In the event of late payment, we will forward your name, date of birth, address and outstanding balance to a debt collection agency.
6. data protection
You agree that the personal data collected and made available by you to PLUMERIA Produktions- und Handels GmbH in the event of a contract being concluded - your name, date of birth, address, telephone number and e-mail address - will be stored and processed in our system and used for the duration of the contract. You agree that your personal data will be included in the customer file of PLUMERIA Produktions- und Handels GmbH and processed in such a way that you can be informed about products, novelties and price promotions by post, e-mail or SMS.
PLUMERIA Produktions- und Handels GmbH strictly adheres to the Data Protection Act when storing and processing your data. You have the right to free information, correction, blocking and deletion of your stored data at any time. You can contact us in this matter in writing to the e-mail address firstname.lastname@example.org or by post to PLUMERIA Produktions- und Handels GmbH. This right is only limited insofar as we can suspend the deletion in order to safeguard our claims. After receipt of your objection or revocation, your data affected by this will no longer be used and processed for marketing purposes or the further sending of advertising material will cease immediately and/or your data will not be passed on for marketing purposes. You have the possibility of online objection here.
PLUMERIA Produktions- und Handels GmbH accepts no liability for any printing errors in the advertising material or data errors in the online shop due to slight negligence. PLUMERIA Produktions- und Handels GmbH refers to its pages with links to other pages on the Internet. The following applies to all these links: PLUMERIA Produktions- und Handels GmbH expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore PLUMERIA Produktions- und Handels GmbH hereby expressly distances itself from all contents of all linked pages of third parties on its own page and does not adopt these contents as its own. This declaration applies to all displayed links and to all contents of the pages to which links lead.
All image rights are owned by PLUMERIA Produktions- und Handels GmbH or its partners. Use without express permission is not permitted.
The place of performance for all obligations resulting from the contract shall be Frankfurt. The contract is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is - as far as permissible - Frankfurt. The invalidity of a single provision of this contract shall not result in the invalidity of the entire contract. The remaining content of the contract shall remain unchanged. Should individual provisions of these terms and conditions or of the contract concluded with the contractual partner be invalid in whole or in part, this shall not affect the validity of the remainder of the contract.