terms and conditions
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Patrick Rothweiler) via the website www.parodesign.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional 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 their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods. .
(2) By posting the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is formed via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order summary (also via the "back" function of your internet browser) or to cancel the order.
(4) Your requests for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The order processing and transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. 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 is not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You will provide us with the appropriate information, texts, or files required for the individual design of the goods by e-mail at the latest immediately after the conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
(4) As far as indicated in the respective offer, you will receive a proof from us, which you must check immediately. If you agree with the draft, you release the proof for execution by countersigning it in text form (e.g., e-mail).
Design work will not be carried out without your approval.
You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We assume no liability for errors not objected to.
§ 4 Special Agreements on Offered Payment Methods
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via "Stripe"
If you select a payment method offered via "Stripe", payment processing will be handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, "Stripe" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on "Stripe" can be found at https://stripe.com/de.
§ 5 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 applies in addition:
a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or chattel mortgaging is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us 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 is our responsibility.
§ 6 Warranty
(1) Statutory liability rights for defects exist.
(2) If you are informed by us before the declaration of contract and this has been expressly and separately agreed upon, the limitation period for defect claims for used goods is one year from the delivery of the goods. The foregoing limitation does not apply:
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before the declaration of contract and the deviation was expressly and separately agreed between the contracting parties.
(5) If you are an entrepreneur, the following applies deviating from the above warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed upon regarding the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement delivery. If the defect rectification fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The defect rectification shall be deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages culpably caused by us resulting from injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Patrick Rothweiler
Stotzstr. 8
70190 Stuttgart
Germany
Phone: 0711 39015773
E-mail: shop@parodesign.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations on "Formation of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting 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.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g., by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. 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 applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the order process, and must be borne by you in addition, unless free shipping is promised.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, 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. If you are a consumer, it is legally stipulated 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 another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/
Last updated: 29.11.2022