General Terms and Conditions (GTC) of the company powderforce.com, Matthias Wolf
§ 1 SCOPE
The following terms and conditions are an integral part of every contract between the company powderforce.com, Matthias Wolf, Grünstraße 1, 75172 Pforzheim (hereinafter referred to as powderforce.com) and the customer (hereinafter referred to as the Customer), as well as their legal successors. powderforce.com provides services, performance, and deliveries exclusively on the basis of these General Terms and Conditions.
§ 2 DATA PROTECTION
Our privacy policy applies with regard to data protection.
§ 3 CONCLUSION OF CONTRACT AND CONTRACTUAL PERFORMANCE
The product presentation by powderforce.com, particularly on websites, advertisements, and brochures, does not yet constitute a binding offer from powderforce.com. The contract is concluded for bank transfer payment by sending a payment request via email. For other payment methods, the contract is concluded upon sending a separate dispatch confirmation by email and delivery of the ordered product to the delivery address provided by you. For self-collection, the contract is concluded upon handover of the goods. powderforce.com reserves the right to reject individual customer applications. Any payments already made will be refunded. Free gifts must be returned with the returns.
§ 4 DELIVERY AND SHIPPING COSTS
Unless otherwise agreed in writing, delivery is made from stock to the delivery address provided by the Customer. Partial deliveries are permitted and are considered independent deliveries unless a partial delivery is exceptionally unreasonable for the Customer. Any additional costs arising from this will not be charged to the Customer.
powderforce.com strives to meet the stated deadlines. If powderforce.com is delayed in delivery, the Customer may withdraw from the contract according to the following provisions. Orders and any services are only fulfilled by powderforce.com if no outstanding payments from other contracts exist. Payments are first applied to any outstanding claims, interest, and costs in the order of their respective due dates.
§ 4b INTERNATIONAL DELIVERY
For deliveries to non-EU countries, you will receive an invoice exempt from VAT. For deliveries to EU countries, VAT will be charged, shown separately on the invoice, and included in the total invoice amount. If the VAT identification number of business customers is stored in our system, a VAT-exempt invoice will be issued for these recipients in EU countries.
We generally do not provide forms for VAT refunds abroad. Customers exporting goods from the EU in person can only receive a refund if they present a properly stamped export certificate together with the original invoice in person. VAT can only be reimbursed in cash once we receive the stamped export certificate. A processing fee of €30 must be charged due to the considerable administrative effort, which will be deducted from the VAT refund.
§ 5 LIMITATION PERIOD AND TRANSFER OF RISK
The limitation period for claims arising from material defects is 24 months and begins upon delivery of the purchased item. If the Customer is a business (§ 14 BGB), the period is 12 months from delivery. For merchants, the legal provisions, examination, and notification obligations according to the HGB apply.
§ 6 PAYMENT TERMS
The prices listed on the powderforce.com website at the time of order apply. The purchase price is due immediately upon conclusion of the contract. Payment for goods is made at the Customer’s choice using one of the payment methods displayed during the order process. For direct debit payments, your bank is authorized to collect the invoice amount simultaneously with the shipment of the goods.
All prices are final consumer prices, including statutory VAT.
In the event of delayed payment by the Customer, they are obliged to pay default interest of 5% above the base rate to powderforce.com if they are a consumer (§ 13 BGB). If the Customer is a business (§ 14 BGB), the default interest rate is 8% above the base rate. Regardless of the above, powderforce.com reserves the right to claim higher default or other damages. The Customer is only entitled to offsetting if counterclaims are undisputed or legally established. Business customers may only exercise a right of retention for counterclaims arising from the concluded contract.
For returned direct debits, a fee of €8.66 plus a processing charge of €8 will be applied, unless the Customer is not responsible for the return. All shipping costs, including packaging, transport, transport insurance, and delivery, are borne by the Customer. All prices and additional costs are calculated according to the price lists of powderforce.com at the time of preparation and dispatch. If additional shipping costs arise due to an incorrect delivery address, an incorrect recipient, or refusal to accept delivery, these costs must be reimbursed by the Customer unless they are not responsible for the incorrect information.
§ 7 RETENTION OF TITLE
powderforce.com retains ownership of the delivered goods until all claims, including balance and ancillary claims, which powderforce.com now or in the future has against the Customer under any legal reason, have been fulfilled.
§ 8 LIMITATION OF LIABILITY AND INDEMNITY
powderforce.com, its legal representatives, employees, and agents are only liable for damages caused by intentional or grossly negligent behavior, except in cases of injury to life, body, or health, and breaches of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages such as lost profits.
Liability is limited to typically foreseeable damages at the time of contract conclusion and, in general, to the amount of typical contractual average damages, except in cases of intentional or grossly negligent behavior or damages arising from injury to life, body, or health and breaches of cardinal obligations. Claims under the Product Liability Act remain unaffected.
§ 9 APPLICABLE LAW AND FINAL PROVISIONS
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the state in which the Customer has their habitual residence remain unaffected.
If the Customer is a merchant, a legal entity under public law, or a special public fund, has no general jurisdiction in Germany, moves abroad after conclusion of the contract, or their residence is unknown at the time of legal action, the place of performance and jurisdiction for disputes arising from our contract is the registered office of powderforce.com.
If individual provisions of this contract are invalid or contradict legal regulations, the remainder of the contract remains unaffected.
Effective: October 8, 2011