General Terms & conditions
1. Area of application
1.1. The General Terms and Conditions (hereinafter referred to as “GTC“) govern the contractual relationship between Pantalica GmbH (hereinafter referred to as ”the seller”) and the persons who enter into a contract with the seller for the supply of a product offered by the seller (hereinafter referred to as “the customer“). Conditions deviating from these, in particular also General Business Conditions of a customer, are not recognised.
1.2. The seller reserves the right to make changes to these GTC. Where the GTC are amended the version of the GTC that applies at the time an order is received by the seller will be the version that carries authority.
2. Conclusion of contract
2.1. The illustration of the product and the product specifications that can be called up on the Internet at www.jetsetclass.com represent a non-binding offer by the seller for the purchase of goods.
2.2. By sending an order the customer makes a binding offer that is aimed at the entering into of a purchase agreement. An order can be made as follows:
(a) using the order template in the Internet shop of the seller, that can be called up at www.jetsetclass.com;
(c) by fax (+49-621-7247802)
2.3. Immediately after receipt of an order made by using the order template in the Internet shop or by e-mail, the sender is sent confirmation of receipt and details by e-mail. This confirmation is for the information of the customer and does not represent acceptance of the offer.
2.4. With the despatch of the ordered goods the seller accepts the offer of the customer to enter into a purchase agreement.
3. Right of withdrawal
3.1. The customer may cancel his contract within two weeks, without stating any reasons, in writing, for example by letter, fax or e-mail, or by returning the goods. The cancellation period starts at the earliest with the receipt of this notice. To comply with the period of cancellation, it will be enough to send a notice of cancellation or return the goods within the specified time. The cancellation should be addressed to:
Pantalica GmbH
Dynamostrasse 13
68165 Mannheim
e-mail: Widerruf@jetsetclass.com
Fax no. +49-621-7247802
3.2. In the case of an effective cancellation, any mutually received benefits shall be given back and where appropriate any benefits obtained through usage of goods have to be returned. If the benefits or delivery received cannot be given back fully or in part or can only be given back in a deteriorated condition, the customer is obliged to pay compensation if necessary. This does not apply if the deterioration of the goods is solely attributable to its examination, as would have been possible in a retail outlet. Furthermore the obligation to pay compensation for the loss of value can be avoided if the customer does not use the goods received as his property and refrains from any action that could reduce the value of the goods. Packable items must be sent back.
3.3. The customer shall bear the costs of return if the supplied goods correspond to the ordered goods and
(a) if the price of the goods to be returned does not exceed an amount of EUR 40 or
(b) where the goods are a higher price at the time of cancellation if the customer has not yet paid or has made a part payment as agreed by contract or
(c) if the delivery address is outside Germany.
3.4. The customer shall fulfill his payment and reimbursement obligations within 30 days after sending the notice of cancellation.
3.5. The right to cancel does not exist if the goods supplied were manufactured according to customer specifications or are clearly tailored to personal requirements.
4. Prices and payment
4.1. The total price is based on the price of the ordered goods (“purchase price“) and any packaging and transport costs to be paid in accordance with section 5 of these GTC. All prices include the statutory value added tax of 19%. If product or price data are updated, all earlier price data no longer apply.
4.2. Payment can be made by credit card, advance payment, bank collection or cash on delivery.
(a) The seller accepts credit card payments by VISA or MasterCard. The payment transaction is made via an SSL-secure connection.
(b) In case the customer would like to choose advance payment the customer is asked to transfer the purchase price and delivery cost to the following bank account:
Owner: Pantalica GmbH
Bank: Postbank Stuttgart (BLZ: 60010070)
Account No.: 149151709
IBAN: DE32 600100700 149151709
BIC: PBNKDEFF
(c) Payment by bank collection is only possible if the customer owns an account at a German bank. In this case the customer is asked to provide the name of the account owner, bank code and account number.
(d) Payment by cash on delivery is only possible for delivery within Germany. The customer is obliged to pay the total price and the cash on delivery charge of 4.50 euros and any delivery fees of 2.00 euros on receipt of the goods directly to the deliverer or bearer. The seller reserves the right to accept or exclude certain methods of payment in individual cases.
4.3. In the case of late payment the customer is obliged to pay late payment interest of 5 percentage points over the basic interest rate in accordance with § 247 of the German Civil Code. The seller may apply a higher late payment charge, if there is proof of late payment.
5. Delivery
5.1. The delivery of the purchased object takes place by shipment to the address given by the customer. Delivery within Germany will generally be made within four working days after the order. Express deliveries within Germany will generally be made on the next working day if the corresponding order from the customer is made at the latest before 12.00 hours midday (Mondays to Thursdays). If goods are manufactured individually to the requirements of the customer, delivery is made according to the agreement made between the seller and the customer.
5.2. The seller shall not charge the customer any postage and packaging costs for deliveries within Germany if the purchase price is greater than 150 euros; this is without prejudice to the obligation of the customer to pay the cash on delivery charge and the delivery fee in the case of payment by cash on delivery. Deliveries that are free of transport costs are only liable to transport costs if after returning the goods the order value falls below 150 euros. Moreover for deliveries within Germany the customer shall bear postage and packaging costs of 5.50 euros for normal deliveries and of 19.90 euros plus any local surcharges in the case of an express delivery.
5.3. For deliveries to countries in the European Union the customer shall be charged a flat rate for postage and packaging costs of 9.90 euros. If the customer requires a special form of delivery (e.g. express delivery), he shall bear additionally the further costs for this.
6. Retention of title
The goods remain the property of the seller until full payment has been made. Prior to the transfer of ownership no granting of a pledge, security transfer, conversion or alteration of the goods is permitted without the explicit permission of the seller.
7. Withdrawal right of the seller
7.1. The seller is entitled to withdraw from the contact if the customer has provided false information on his creditworthiness or solvency or if there is reason to assume that the customer is unable to pay for example due to the starting of insolvency proceedings regarding his assets. Withdrawal from the contact is also possible with regard to a part of the delivery that has not yet been made.
7.2. Without prejudice to any compensation claims in the case of a partial withdrawal part deliveries already made shall be paid for according to the contract.
8. Guarantee
8.1. The seller shall give a guarantee in accordance with the statutory regulations.
8.2. To settle a warranty claim the goods have to be returned to the seller; the goods have to be packed in a secure manner for transport, provided with a duplicate invoice and sufficient postage paid. The customer shall bear the postage and packing costs of return shipment.
8.3. Damage resulting from improper use of the goods or use contrary to the terms of the contract shall not result in any guarantee or compensation claims against the seller. Improper use or use contrary to the terms of the contract is not restricted to the cases explicitly stated in the instructions for use.
8.4. All images and descriptions of the products are nonbinding. Technical modifications and minor deviations with regard to the weight, colour and form of the goods and deviations due to manual work remain reserved.
9. Transport damage
Complaints regarding any obvious damage to the packaging or to the goods must be made immediately to the deliverer or bearer and the seller informed of this.
10. Privacy/ Data protection
All personal data required for the execution of the customer order are stored in machine-readable form and handled confidentially. The data required for logistical and financial processes are passed to the service provider commissioned by us. Moreover no data shall be passed to third parties.
11. Applicable law
The law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The court with jurisdiction is Mannheim, unless any obligatory statutory provisions exclude the agreed court of jurisdiction.
In the event of any ambiguity in the interpretation of this English translation of the GTC, the original German GTC (AGB) text is the definitive version.
