1. Scope, Definitions
1.1 These General Terms and Conditions apply exclusively to the business relationship between the following parties:
Lise-Meitner-Str. 14, 28816 Stuhr, Germany
Authorized Managing Director: Xiaoxiang Yan
Phone: +49 911 - 311 09 790
(Hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"). They apply their current version at the time of ordering. Deviating general terms and conditions of the Customer will not be recognized unless the Provider expressly agrees to their validity in writing.
1.2 The webshop of the Provider is exclusively intended for consumers within the meaning of § 13 BGB.
2. Conclusion of Contract
2.1 The product descriptions provided by the Provider do not constitute a binding offer, but rather an invitation to the Customer to submit a binding offer.
2.2 The Customer can select products from the Provider's range and collect them in a so-called shopping cart by clicking the "add to cart" button. By clicking the "proceed to checkout" button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these terms and conditions of the Provider by actively clicking on them and thus includes them in his/her offer.
2.3 The Provider will then send the Customer an automatic order confirmation by email, which lists the Customer's order again and can be printed using the "Print" function. The automatic order confirmation merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded when the Provider submits a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate email, the Provider sends the Customer the contract text (consisting of the order, terms and conditions, and order confirmation) in a format that can be saved and reproduced. The contract text is stored while ensuring data protection.
2.4 The contract is concluded in the German language.
3. Delivery, Product Availability
3.1 The delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for invoice purchases).
3.2 If no copies of the product selected by the Customer are available at the time of the order, the Provider will notify the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
3.3 If the product specified by the Customer in the order is temporarily unavailable, the Provider will also notify the Customer of this immediately in the order confirmation.
3.4 The following delivery restrictions apply: The Provider only delivers to customers who have their ordinary residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Denmark, Estonia, Finland, France, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Spain (50 of 52 provinces), Czechia, Romania, Croatia, Slovenia, Latvia, Lithuania.
4. Retention of Title
4.1 The delivered goods remain the property of the Provider until the purchase price has been paid in full.
5. Prices and Shipping Costs
5.1 All prices indicated on the provider's website are inclusive of the applicable statutory value-added tax.
5.2 The corresponding shipping costs will be provided to the customer in the order form.
5.3 The goods will be shipped by postal service. The provider bears the shipping risk if the customer is a consumer.
5.4 In the event of a cancellation, the customer is responsible for the immediate costs of returning the goods.
6. Payment Methods
6.1 The customer can make payment by credit card.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer is considered to be in default by missing the deadline. In this case, the customer is required to pay the provider default interest at a rate of 5 percentage points above the base interest rate for that year.
6.3 The customer's obligation to pay default interest does not exclude the provider from claiming further damages resulting from the default.
7. Warranty for Material Defects, Guarantee
7.1 The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
7.2 An additional guarantee only exists for the goods delivered by the provider if it has been expressly provided in the order confirmation for the respective item.
8.1 Claims for damages from the customer are excluded. This exclusion does not apply to the customer's claims for damages arising from injury to life, body, health, or from the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on the observance of which the customer regularly relies (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents.
8.2 In the event of a breach of cardinal obligations, the provider's liability is limited to the typically foreseeable damage caused by simple negligence, unless it concerns the customer's claims for damages arising from injury to life, body, or health.
8.3 The limitations of paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are directly asserted against them.
8.4 The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
9. Right of Withdrawal
9.1 Consumers have a statutory right of withdrawal when entering into a distance selling contract, and the provider shall inform them accordingly in accordance with the statutory template as follows. In paragraph (2), a sample withdrawal form is provided.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you or a third party designated by you, other than the carrier, have/has taken physical possession of the goods.
To exercise your right of withdrawal, you must inform us, POWEROAK GmbH, Lise-Meitner-Str. 14, 28816 Stuhr, Germany, Phone: +49 911 - 311 09 790, firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
9.2 The provider informs about the sample withdrawal form according to legal regulations as follows:
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
–To POWEROAK GmbH, Lise-Meitner-Str. 14, 28816 Stuhr, Germany, email@example.com:
–I/We () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
–Ordered on ()/received on ()
–Consumer's signature (only for communication on paper)
(*) Delete as appropriate.
10. Final Provisions
10.1 The laws of the Federal Republic of Germany shall apply to contracts between the provider and customers, excluding the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the restriction of choice of law and the applicability of mandatory provisions, in particular the country in which the customer has his habitual residence as a consumer, remain unaffected.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
10.3 Even if individual provisions of the contract are legally ineffective, the remaining parts of the contract shall remain binding. In place of the ineffective provisions, the statutory provisions shall apply, if available. However, if this would constitute unreasonable hardship for one of the parties, the entire contract shall become invalid.
10.4 The European Commission provides an online dispute resolution (ODR) platform, which you can find here: https://ec.europa.eu/consumers/odr/. In the future, consumers will be able to submit complaints against online retailers to initiate out-of-court dispute resolution procedures. POWEROAK GmbH is neither willing nor obliged to participate in dispute resolution proceedings.