AGB von provocans EST

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with provocans EST – Ivett Polyak. By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language available for the conclusion of the contract is English. We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.

5. Payment

The following payment methods are generally available in our shop:

Payment in advance

If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

When you submit your order, you also provide us with your credit card details. After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.

Right away

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You’ll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

6. Retention of title

The goods remain property of provocans EST until they have been paid for in full. For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

8. Warranties and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects applies. The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of willful or grossly negligent breach of duty as well as malice in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations) as part of a guarantee promise, if agreed as far as the scope of the product liability law is opened. Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service:

Please direct questions about your order or complaints to our customer service: e-mail: provocans.est@gmail.com Tel.Nr .: +49 1577 678 7814

9. Liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of willful or grossly negligent breach of duty, in the case of guarantee promises, if agreed, or as far as the scope of the product liability law is opened. In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. Otherwise claims for damages are excluded.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.