General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Parhoro GmbH) via the website www.black-elixir.com. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. Entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded 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" at any time via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and after entering personal data as well as payment and shipping terms, the order details will finally be displayed to you as an order summary.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order overview 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, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
(4) Your requests to create an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline 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 carried out by e-mail, partly automated. Therefore, you must ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and in particular, not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made directly to Klarna:
- Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Installment Purchase ("Financing"): Detailed information about installment purchases including the General Terms and Conditions and the European Standard Information for Consumer Credit in Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option "Pay in 3 Installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
- Direct Debit ("Pay Now")
- Credit Card ("Pay Now")
- Immediate transfer ("Pay Now")
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna within the scope of initiating and processing the purchase contract for the purpose of address and credit verification. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
More information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out 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" are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be separately informed about them. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 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 full payment of the purchase price has been made.
§ 5 Warranty
(1) The statutory warranty rights 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. Failure to do so shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The place of performance for all services from the business relationships with us as well as the jurisdiction is our registered office, unless 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 residence or habitual abode is unknown at the time the lawsuit is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer information
1. Identity of the seller
Parhoro GmbH
An der Pönt 62
40885 Ratingen
Germany
Phone: +4917682402232
E-mail: info@parhoro.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
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 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 email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. Wir haben uns den Käufersiegel-Qualitätskriterien der Händlerbund Management AG unterworfen, einsehbar unter: https://www.haendlerbund.de/
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. 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.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping 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 carrier or another person designated to carry out the shipment who was not named by the entrepreneur.
8. Statutory warranty law
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Diese AGB und Kundeninformationen wurden von den auf IT-Recht spezialisierten Juristen des Händlerbundes erstellt und werden permanent auf Rechtskonformität geprüft. Die Händlerbund Management AG garantiert für die Rechtssicherheit der Texte und haftet im Falle von Abmahnungen. Nähere Informationen dazu finden Sie unter: https://www.haendlerbund.de/
last update: 22.10.2024
