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AGB

General Terms and Conditions and Customer Information

I. General Terms and Conditions


§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Pirscher Shop GmbH) via the www.pirschershop.de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" 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 taken to the order overview 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, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling 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) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you 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 processing of the order and transmission of all information required in connection with the conclusion of the contract is 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 guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on payment methods offered

(1) Credit assessment

If we make advance payments, e.g. in the case of payment by invoice or direct debit, your data will be passed on to creditPass, Mehlbeerenstr. 4, 82024 Taufkirchen, for the purpose of checking your creditworthiness on the basis of mathematical-statistical procedures in order to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the creditworthiness check.

(2) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

Sofortüberweisung: Available in Germany and Austria. 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.

(3) Ratepay Invoice & Ratepay Instalment Payment

In order to be able to offer you attractive payment methods, we work together with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePAY"). If an effective purchase contract is concluded between you and us when using a RatePAY payment method, we assign our payment claim to RatePAY. If you use the RatePAY payment method instalment payment, we assign our payment claim to the partner bank of RatePAY GmbH. If you choose one of the RatePAY payment methods offered here, you consent to the transfer of your personal data and that of the order to RatePAY GmbH for the purposes of identity and credit checks, as well as contract processing. Full details can be found in the additional General Terms and Conditions and the Data Protection Notice for RatePAY payment methods, which form part of these General Terms and Conditions and apply whenever you choose a RatePAY payment method.

If you have selected a Ratepay payment method, payments with debt discharging effect can only be made to Ratepay. Further details can be found in the Ratepay Terms of Payment and with in the Ratepay Privacy Policy.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(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. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right 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 realisable 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 shall apply.

(2) 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. If you fail to do so, this shall not affect your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, not, however

other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, 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.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

- for culpably caused 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 given a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary manner of use 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.

§ 6 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 this does not affect the right of the

of the state of the consumer's habitual residence is not withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law
. The same applies 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. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

§ 7 Protection of minors

(1) When selling goods that are subject to the provisions of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2) By sending your order, you assure that you have reached the legally prescribed minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorised by you to receive the delivery who have reached the legally prescribed minimum age take receipt of the goods.

(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check.

(4) Insofar as we state in the respective item description that you must have reached the age of 18 in order to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that the age of majority must be present instead of the legally prescribed minimum age.

§ 8 Sale of weapons

(1) In the sale of goods which are covered by the Weapons Act, we shall only enter into contractual relationships with customers who are of legal age.
In the case of goods which are listed in Annex 2 of the Weapons Act as requiring a permit, you must also provide proof that you possess a valid permit under the Weapons Act (acquisition permit).
In the case of goods listed as prohibited in Annex 2 of the Weapons Act, you must also provide proof that you possess a valid exemption permit in accordance with Section 40 (4) of the Weapons Act.
These sales restrictions are referred to in the respective item descriptions as follows: "Sale only to persons over 18 years of age", "Sale only to holders of an acquisition permit", "Sale only to holders of an exemption permit".

(2) By submitting your order, you affirm that you are at least 18 years of age and that your name and address are correct. You further undertake that only you will take delivery of the goods upon delivery.

(3) We instruct the logistics service provider commissioned with the delivery to hand over the goods to you only after checking your age and identity.
In the case of goods that are listed in Appendix 2 of the Weapons Act as requiring a permit, you must also provide the logistics service provider with proof of your purchase permit before handing over the goods.

In the case of goods listed as prohibited in Annex 2 of the Weapons Act, you must also provide the logistics service provider with proof of your exemption permit before handing over the goods.

II. Customer information

1. Identity of the seller

Pirscher Shop GmbH
Am unteren Stein 8
86672 Thierhaupten
Germany
Phone: 08271 424 6750
E-mail: service@pirschershop.de Company complaints office: service@pirschershop.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available athttps://ec.europa.eu/odr.

2. 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.).

3. Contract language, storage of contract text

3.1) The contract language is German.

3.the complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the

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 basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1. we have subjected ourselves to the buyer's seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.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. 2.

6.the shipping costs incurred 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 additionally by you, unless free delivery has been promised. 3.

6.if the delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 4.

6.4. any costs incurred in the transfer of funds (transfer or exchange rate fees of 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.

6.the payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 6.

6.unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Terms of delivery

7.1. the delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer. 2.

7.if 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 when the goods are handed over to you, 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 a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment shall be at your risk.

8. Legal 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 have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb- service.

last update: 07.07.2021