General Terms and Conditions of CPOffice Treuhand GmbH

1. General Information

(1) These General Terms and Conditions of CPOffice Treuhand GmbH (hereinafter referred to as the “Seller”) apply to all contracts concluded by a cor entrepreneur (hereinafter referred to as the “Customer”) regarding the purchase of goods through the online shop at portini.de.

 

(2) Different regulations of the Customers do not apply unless the Seller has confirmed them expressly and within writing. Agreements made with the Customer in individual cases (including side agreements, supplements and amendments) shall in any case take primacy over these Terms and Conditions.

 

(3) The business relations between the Seller and the Customers are subject to the law of the Federal Republic of Germany. 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granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.

 

(4) The contractual language is English. Translations shall only serve the purpose of comprehensibility.

 

(5) The contract text will be saved by the Seller in compliance with data protection. The Customer can access and print this together with the order overview in the online shop via a password-protected customer account, if the Customer has created a corresponding account in advance. The General Terms and Conditions can be accessed and printed out at any time in the online shop.

 

(6) The place of jurisdiction shall be Konstanz (Germany) if the Customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time a claim is filed.

 

(7) Customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.

 

(8) Duty to provide information pursuant to the Consumer Dispute Resolution Act (Section 36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a Consumer arbitration board.

 

2. Content and Conclusion of the Contract

(1) The Seller offers Customers the opportunity to purchase various new and used goods in the equestrian sports and animal supplies sector in its online shop.

 

(2) Prices quoted in the online shop or in the mail order catalogue do not constitute an offer within the meaning of the law, but an invitation to submit an offer.

 

(3) The purchase contract is concluded in the online shop as follows:

 

• (a) If the Customer has chosen the payment method “PayPal”, the purchase contract is concluded at the time of confirmation of the payment order to PayPal.
• (b) If the Customer has chosen the payment method “credit card”, the contract is concluded at the time of the credit card debit.
• (c) In all other cases, the purchase contract is concluded upon acceptance of the Customer’s order by the Seller. The Seller is entitled to accept the offer that has been submitted in the form of the order within 3 (three) days by dispatching an order confirmation.

 

(4) The Customer will receive confirmation of the receipt of the order and the conclusion of the contract by e-mail.

 

(5) Prior to submitting a binding order in the online shop, the Customer is able to continuously correct all inputs by means of the customary touch screen, keyboard and mouse functions. In addition, all inputs are displayed again in a confirmation window prior to the submission of the binding order can be corrected there again by means of the customary touch screen, keyboard and mouse functions.

 

(6) Together with the confirmation of the order, the Seller will send the Customer the text of the contract as well as these General Business Conditions and the information on the Right of Cancellation for Consumers.

 

3. Registration on the Website

(1) The Customer can make the purchase in the online shop as a guest or with a customer account.

 

(2) The Customer can register and create a customer account. The Customer is asked to create a nickname and an individual password. During the registration process, the Customer enters his or her first and last names, place of residence and country, and e-mail address. Communication between the Seller and the Customer takes place via the specified e-mail address.

 

(3) The information provided during the registration process must be complete and correct. If the data changes subsequently, the Customers are obliged to correct the information immediately.

 

4. Prices, VAT and Payment

(1) The prices that have been agreed upon apply. Prices include VAT at the relevant legal rate, unless expressly indicated otherwise.

 

(2) The Customer is able to choose between the currencies CHF and EURO in the online shop. If the Customer chooses a currency that is a foreign currency for him/her, exchange fees may be charged by the bank.

 

(3) The delivery to the Customer is generally made after advance payment by the Customer. Unless otherwise agreed individually, payment shall be made by credit card or via PayPal at the time of or immediately after conclusion of the contract.

 

(4) If the Customer has chosen the payment method “PayPal”, the Customer must have or set up a customer account with PayPal (Europe) S.à r.l. et Cie, S.C.A. The terms of use of PayPal (Europe) S.à r.l. & Cie, S.C.A (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) apply. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.

 

(5) If a Customer defaults on his/her payment obligations, the Seller can demand compensation for damages in accordance with the statutory regulations.

 

(6) The Seller will always issue an invoice to the Customer, which is handed over to the Customer upon delivery of the goods or otherwise sent to him/her in written form (by email or letter).

 

5. Delivery and Passing of the Risk

(1) The ordered goods are delivered to the address specified by the Customer, unless otherwise contractually agreed upon.

 

(2) The availability of the individual goods is indicated in the descriptions of the articles. For goods in stock, the delivery period is 7 calendar days from the conclusion of the contract, unless otherwise stated in the description of the item.

 

(3) The Seller reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of right to self-delivery shall only apply if the Seller is not responsible for the failure to deliver. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time in order to fulfil the contractual obligations. If the goods are not delivered, the Seller will immediately inform the Customer of this circumstance and refund any purchase price already paid as well as shipping costs.

 

(4) The Seller reserves the right to make partial delivery, if this is considered expedient for prompt delivery and partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.

 

(5) The risk of accidental perishing and of accidental deterioration of the goods passes to the Customer when the goods are handed over to the Customer. If the Customer is an entrepreneur, the risk of accidental perishing and accidental deterioration of the goods and the risk of delay shall, in the case of a sale by delivery to a place other than the place of performance (“Versendungskauf”) pass already at the time of delivery of the goods to the forwarding agent, the freight carrier or the person otherwise entrusted with the performance of the dispatch.

 

6. Retention of Title, Right of Retention

(1) The delivered goods remain the property of the Seller until all claims arising from the contract have been fulfilled.

 

(2) The Customer shall be entitled to rights of retention only, if his/her counterclaims have become final and absolute (res judicata), are uncontested or have been acknowledged by bellicon. In the event of any defect of the delivered goods, the counterclaims of the Customer shall remain unaffected, in particular his/her right to retain a part of the purchase price that is commensurate with such defect. The Customer shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.

 

7. Liability for Material Defects and Defects of Title

(1) If the Customer is a Consumer, the warranty period shall be 2 years for new items and 1 year for used items. If the Customer is an entrepreneur, the warranty period shall be 1 year for new items and excluded for used items. The shortened warranty period for used goods does not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods and does not apply to claims for damages by the Customer which are directed towards compensation for physical injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or his vicarious agents.

 

(2) In all other respects, the Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.

 

(3) Over and above the liability for material defects and defects of title, the Seller shall be liable without limitation, if the damage has been caused intentionally or by gross negligence. It shall also be liable for negligent violation of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (“Kardinalpflichten”) (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies), in each case however only for the foreseeable damage that is typical for this type of contract. The Seller shall not be liable for the negligent violation of obligations other than those mentioned above.

 

(4) The limitations of liability specified in the preceding paragraph do not apply in the case of death, bodily injury or damage to health, any deficiency occurring after the assumption of warranty for the characteristics of the good and in the case of defects that have been fraudulently concealed. Liability in accordance with the German Product Liability Act (“Produkthaftungsgesetz”) shall remain unaffected.

 

(5) If liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

 

8. Handling of Damage During Transport

(1) If goods are delivered with obvious damage to packaging or contents, the Customer should, its warranty rights defined above notwithstanding, immediately lodge a complaint with the forwarding agent/delivery service and contact the Seller without delay by email or any other method (telefax/letter) to enable the Seller to assert any rights vis-à-vis the forwarding agent/delivery service.

 

(2) Hidden defects should be reported by the Customer to the Seller – also notwithstanding any warranty rights – immediately after discovery so that any warranty claims against third parties can be safeguarded.

 

9. Data Protection

The Seller collects, processes and uses personal data in accordance with its privacy policy and the statutory provisions.

 

Status: Februry 2021