1.1 These General Terms and Conditions (hereinafter “GTC”) of PKW Gutachter Service GmbH (hereinafter “Seller”) apply to all contracts that a consumer or trader (hereinafter “Customer”) concludes with the Seller regarding the goods, digital content and services offered in the online shop. The inclusion of the Customer’s own terms is objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to the purchase of gift vouchers, unless expressly provided otherwise.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their independent professional activity.
1.4 A trader is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2.1 The presentation of goods and services in the online shop does not constitute a binding offer by the Seller.
2.2 The Customer places the desired goods or services in the shopping cart and goes through the ordering process. After confirming the order details by clicking the final button, the Customer submits a binding offer. The offer may also be made by fax, email, post or telephone.
2.3 The Seller accepts the offer by one of the following actions:
Whichever occurs first is decisive. The acceptance period is five days from submission of the offer. After that, the offer is deemed to have been rejected.
2.4 If “PayPal” or “PayPal Express” is selected, acceptance takes place when the payment instruction is issued to PayPal.
2.5 The contract text is stored and sent to the Customer by email. If a customer account has been set up, the Customer can view the contract text in the login area.
2.6 Before submitting the order, the Customer can review and change all entries. Corresponding correction options are provided.
2.7 The contract language is German.
2.8 The Customer must provide a correct email address and ensure that emails can be delivered.
3.1 If the Customer is a consumer, they are generally entitled to a right of withdrawal.
3.2 The Seller’s withdrawal instructions apply.
4.1 All prices are final prices including statutory VAT. Any shipping costs are listed under Payment Methods and Shipping Information and are shown separately during the ordering process before the order is submitted.
4.2 The payment methods stated in the online shop apply. Which payment methods are available for the specific order is shown to the Customer during the ordering process before the order is submitted.
4.3 For payment by PayPal, PayPal’s terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
4.4 For payment via Klarna, Klarna’s terms of use apply: https://www.klarna.com/de/agb/
5.1 Goods subject to shipping are delivered to the address specified by the Customer; in the case of payment by PayPal, to the delivery address stored there.
5.2 Costs arising from incorrect address details are borne by the Customer if they are responsible for them.
5.3 Digital content is made available to the Customer as a download link by email once payment has been received. No goods are shipped in this respect.
5.4 Gift vouchers are sent to the Customer by email.
The goods remain the property of the Seller until payment has been made in full.
7.1 The statutory provisions on liability for defects apply.
7.2 Obvious transport damage should, where possible, be reported to the delivery agent and notified to the Seller.
8.1 The Seller is liable without limitation in cases of intent, gross negligence, injury to life, body or health, and breach of material contractual obligations (cardinal obligations). Liability also exists in the case of guarantees and mandatory liability (German Product Liability Act).
8.2 Otherwise, liability is limited to typical and foreseeable damage.
8.3 Any further liability is excluded.
8.4 These provisions also apply for the benefit of the Seller’s employees and vicarious agents.
9.1 Gift vouchers can only be redeemed in the Seller’s online shop.
9.2 They are valid until the end of the third year after purchase.
9.3 Subsequent redemption after the order has been completed is excluded.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers apply to the Seller’s range of goods and services, not to the purchase of further vouchers.
9.6 If the purchase amount exceeds the value of the voucher, the difference can be settled using another payment method.
9.7 The credit balance is neither paid out nor does it bear interest.
9.8 Gift vouchers are transferable. The Seller may render performance to the respective holder, except in cases of apparent lack of entitlement.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the Customer resides remain unaffected.
For merchants or legal entities, the Seller’s registered office is the exclusive place of jurisdiction. The Seller is also entitled to bring proceedings at the Customer’s registered office.
The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
