General Terms and Conditions (GTC) of pebro GmbH
Reiherstraße 22, 75196 Remchingen, Germany
I. General provisions
§ 1 Basic provisions
(1) The following terms and conditions govern the contractual relationship between pebro GmbH (hereinafter "Seller") and customers (hereinafter "Buyer") who conclude contracts via the https://www.edelband.com website. Deviating terms and conditions of the Buyer shall not be recognized unless the Seller expressly agrees to their validity.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. 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 their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The product presentations in the online store do not constitute a legally binding offer, but a non-binding online catalog. The buyer can initially place our products in the shopping cart without obligation and correct his entries at any time before sending his binding order. The order is deemed to be a binding contractual offer by the buyer to the seller to conclude a purchase contract for the products contained in the shopping cart. The offer is accepted by an express declaration of acceptance by e-mail or by dispatch of the goods.
§ 3 Prices, shipping costs, payment, due date
(1) The prices quoted include statutory VAT and other price components. Shipping costs are shown separately and are to be borne by the buyer, unless free delivery has been agreed.
(2) The following payment options are available to the buyer:
Credit card: After placing the order, the buyer transmits his credit card details. After legitimization as the legitimate cardholder, the seller requests the credit card company to initiate the payment transaction. The payment transaction is carried out automatically and the credit card is debited.
PayPal / PayPal Express: During the ordering process, the buyer is redirected to the website of the online provider PayPal. There the buyer can enter his payment details and confirm the payment instruction to PayPal. After placing the order in the store, the seller requests PayPal to initiate the payment transaction.
Sofortüberweisung (Sofort by Klarna): After placing the order, the buyer is redirected to the website of the online provider Sofort GmbH, where he confirms the payment instruction. This concludes the contract with the seller.
Klarna invoice: In cooperation with Klarna AB, the seller offers purchase on account as a payment option. Payment is made to Klarna in each case. The full terms and conditions for purchase on account can be found on the Klarna website.
Apple Pay: During the ordering process, the buyer is redirected to the website of the online provider Apple Pay. After placing the order, the seller requests Apple Pay to initiate the payment transaction.
Google Pay: Similar to Apple Pay, the buyer is redirected to the corresponding Google Pay page for payment processing. Once the buyer has confirmed the payment information, the seller accepts the order.
Store Pay: Shop Pay offers a fast and secure payment option where shoppers can save their payment and shipping information to speed up the checkout process. After selecting Shop Pay and confirming the payment details, the order is processed.
Amazon Pay: During checkout, the buyer can select Amazon Pay as a payment option. The buyer is redirected to the Amazon Pay page to complete the payment with the payment information stored with Amazon.
(3) Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 4 Delivery
(1) Delivery shall be made at the shipping costs shown in the offer. If the buyer is a consumer, the seller bears the shipping risk.
§ 5 Retention of title
The goods remain the property of the seller until the purchase price has been paid in full.
§ 6 Right of withdrawal
Consumers have a right of withdrawal. The details can be found in the seller's cancellation policy.
§ 7 Liability for defects (warranty)
(1) Liability for defects shall be governed by the statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods to the buyer.
§ 8 Liability
(1) The Seller shall be liable in cases of injury to life, limb or health, in the event of intentional or grossly negligent breaches of duty and in the event of warranty promises, insofar as agreed, in accordance with the statutory provisions. In the event of a breach of essential contractual obligations, the fulfillment of which is necessary to achieve the objective of the contract, the seller shall also be liable in the event of slight negligence, limited to the foreseeable damage typical for the contract.
§ 9 Individualization of products
(1) Products that are individualized at the customer's request are generally excluded from exchange. This applies in particular, but not exclusively, to products that are provided with an individual engraving.
(2) The customer is solely responsible for the content of the selected customization, including engravings. pebro GmbH accepts no liability for content that may infringe the trademark rights, copyrights or other intellectual property rights of third parties. Prior to customization, the customer must ensure that the selected content does not infringe any third-party rights.
(3) By submitting the order, the customer agrees that pebro GmbH cannot accept any liability for the individualization of the product. This excludes liability for the legality of the selected content and any resulting legal claims by third parties.
§ 10 Volume discounts and promotions
Volume discounts and promotions are linked to the quantity purchased. If the requirements for the discount are no longer met due to a return, the discount expires. The refund amount will be adjusted accordingly and the discount already granted can be offset against the refund.
§ 11 Deliveries abroad, taxes, import fees and customs duties
(1) Deliveries abroad may be subject to additional taxes, import fees and customs duties. These fees cannot be determined in advance by the seller and vary depending on the recipient country.
(2) The buyer is responsible for the payment of all applicable taxes, import fees and customs duties. These costs shall be calculated upon importation of the product and shall be borne by the buyer.
(3) Delivery abroad is carried out by UPS. The buyer has the option of contacting UPS in advance to obtain information about any fees that may be incurred.
§ 12 Special provisions for leather watch straps as wearing parts
(1) Leather watch straps are excluded from the statutory liability for defects (warranty) as wearing parts in accordance with Section 434 (1) of the German Civil Code (BGB), insofar as they are subject to natural wear and tear caused by the intended use of the product over time. As a natural material, leather is subject to changes and wear and tear caused by environmental influences and regular contact with the skin.
(2) However, if there is a defect that is attributable to material or processing errors, the statutory warranty pursuant to § 437 BGB shall apply. In such cases, the buyer shall be entitled to subsequent performance (repair or replacement delivery).
(3) The Buyer is advised that regular care and proper handling can increase the service life of the leather straps, but that wear and tear is unavoidable despite all precautionary measures. pebro GmbH therefore accepts no liability for damage caused by natural wear and tear to the leather straps.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract.
(3) The customer acknowledges that the correct use of the products intended for the Apple Watch must be in accordance with the instructions provided by the manufacturer. pebro GmbH accepts no liability for damage caused by improper use of the products.
(4) Should claims for damages be asserted, pebro GmbH reserves the right to have the cause of the damage examined by an independent, qualified expert. The decision to engage an expert is at the sole discretion of pebro GmbH. This measure serves to objectively determine the cause of the damage and is intended to ensure that the damage claims are justified. The costs of the expert opinion shall be borne by pebro GmbH if the expert confirms that the damage is attributable to a breach of duty by pebro GmbH. Otherwise, the costs may be charged to the customer, provided this is legally permissible.
last update: November 12, 2024
