General Terms and Conditions and Customer Information
- General Terms and Conditions
- 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (H.T. Trade Service GmbH & Co. KG) via the Internet site https://b2b.premiumxl.de/. Unless otherwise agreed, the inclusion of any terms and conditions of your own is contradicted.
(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to his commercial nor his independent vocational 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 his independent professional or commercial activity.
- 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit 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 intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the “back” function of the Internet browser) or cancel the order.
By sending the order via the corresponding button (“order subject to payment” or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be 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 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case: Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
For more information and Klarna’s terms of use, click here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna’s privacy policy.
You can find more information about Klarna here. You can find the Klarna App here.
- 4 Right of retention, retention of title
(1) You can 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.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims up to the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall 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.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
- 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty regulations:
a) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
b) If you are an entrepreneur who acquires goods from us for the purpose of resale to a consumer, whereby the resale to the consumer is to take place without physical contact with the goods by you and with direct delivery of the goods to the consumer by us (dropshipping), the following provisions shall apply:
If the goods are defective and you are notified of the defect by a consumer to whom you have sold the goods (end customer), you must notify us of the defect immediately. The notification is immediate if it is made within two weeks from the notification of the defectiveness by the end customer. If you fail to notify us in good time, the goods shall be deemed to have been approved in accordance with § 377 p. 2 of the German Commercial Code (HGB).
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply
– for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
– in the case of statutory rights of recourse which you have against us in connection with rights arising from defects when the last contract refers to a sale of consumer goods.
- 6 Revocation
If you are an entrepreneur who acquires goods from us for the purpose of resale to a consumer, whereby the resale to the consumer is to take place without physical contact with the goods by you and with direct delivery of the goods to the consumer by us (dropshipping), the following provisions shall apply:
If you are obliged to take back the goods purchased from us in the event of a consumer revocation, you have the right to revoke the contract concluded with us on the purchase of these goods. To exercise your revocation, it is sufficient to return the goods to us. In case of return of the goods by the end customer to us, the return costs will be borne by us, but only if you have committed to the end customer to bear the return costs. The purchase price will be refunded within one week after receipt of the goods.
- 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought when you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
- customer information
- identity of the seller
H.T. Trade Service GmbH & Co. KG
Eversburger Str. 32, 49090 Osnabrück, Germany
Phone: 49-0541-977657-01
E-mail: info@premiumxl.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
- information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
- contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
- essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
- prices and payment modalities
5.1 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.
5.2 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.
5.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
- terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment shall be at your risk.
- statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8 Use of rating services
– Trustpilot A/S:
Customer ratings are particularly productive for transparency and optimization, so we offer you the opportunity to submit appropriate ratings about our service via a rating service offered by Trustpilot www.trustpilot.de. For this purpose, we use an interface to the independent rating portal Trustpilot, which is operated by Trustpilot A/S, Pilestræde 58, 5, 1112 Copenhagen, Denmark. It is not possible for us to control or influence rating invitations individually. This is the only way to ensure a complete, independent and uninfluenceable customer evaluation for our company and our services. The data submitted to the business app for this purpose (surname, first name, e-mail address and reference number) are transferred to our business app by Trustpilot and are neither used by Trustpilot itself nor passed on to third parties. A rating of our company can be made on the page https://de.trustpilot.com/review/. You as a customer are free to submit a rating. The creation/opening of a user profile on Trustpilot is required for the submission of a rating or the recording of customer feedback. In addition to a rating for the inviting company, ratings can then also be entered for any company on the Trustpilot rating portal. However, in the case of a rating without prior invitation, a clear reference for a contractual relationship with the rated company is then required. Further information on this can be obtained from Trustpilot. If a rating is submitted by clicking on the link contained in the invitation, a user profile is automatically created on Trustpilot after the personal data has been entered, usually name and e-mail address for verification purposes. This is accompanied by consent to the privacy policy and general terms and conditions of Trustpilot. These can be viewed on the Trustpilot website at: https://de.legal.trustpilot.com/end-user-privacy-terms. If you participate in this feedback system, your rating will be published on our website and on the Trustpilot website. Further details can be found in the privacy policy of Trustpilot and their terms and conditions.
If you do not agree with this, an e-mail to us is sufficient.
These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are constantly checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 19.04.2021