General terms and conditions of business
AGB
for the online shop at the URL
www.primeburger.net
operated by
PRIME BURGER
Ludwig-Erhard-Str. 18
c/o IP-Management #39549
20459 Hamburg
E-mail: primeburger@gmx.net
Telephone number: +49 (0) 5333 - 939 0978
- here in after: provider -
1. Scope
These general terms and conditions (GTC) apply after their inclusion to all contracts concluded for the purchase of goods, services or other goods (hereinafter "goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop represent a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The goods are ordered via the provider's online order form. After selecting the desired goods, entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By placing the order, the customer makes a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer or when the provider delivers the ordered goods and these goods are received by the customer or when the customer requests payment (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; the decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half of the sentence occurs for the first time.
2.3 Before submitting the order bindingly via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is submitted bindingly and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will save the contract text after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view his orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer immediately before the contract is concluded at the latest.
4. Payment, default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT and any shipping costs listed. The customer will be informed of the available payment options in the provider's online shop.
4.2 If "prepayment" is agreed, the purchase price is due immediately after the contract is concluded.
4.3 If "SEPA direct debit" is agreed, payment is due immediately after the contract is concluded. Before the purchase price is debited, the customer is informed when he can expect the agreed purchase price to be debited (pre-notification). The direct debit will not be debited before receipt of this pre-notification and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer will bear any chargeback fees that may arise if he is responsible for the failure of the direct debit.
4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after the contract is concluded.
4.5 If "instant transfer" is agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed, the purchase price is due immediately after the contract is concluded. Payment is processed via paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of title
The purchased goods remain the property of the provider until the purchase price has been paid in full.
6. Delivery and self-supply reservation
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the provider cannot deliver the ordered goods because he himself was not supplied through no fault of his own, even though he concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be reimbursed to the customer immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of statutory liability for defects apply.
8. Liability
8.1 The provider is liable without limitation:
-
for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
-
for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
-
due to a guarantee promise, unless otherwise agreed in this regard;
-
due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless unlimited liability is assumed in accordance with the previous paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, the liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.
9. Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more information, please refer to the provider's privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually resident in the EU being deprived of mandatory statutory provisions of the law of his or her country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these General Terms and Conditions.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You can find our email address in the heading of these terms and conditions.