Conditions of Use
General Terms and Conditions and Information Pursuant to the Law Governing Distant Selling
§ 1 Scope of validity
The following General Terms and Conditions as last amended at the time the order is placed shall exclusively apply to the business relationship between popdecks – Marcel Zickler and the customer. Differing conditions of the customer shall not be recognised by POPDECKS, unless POPDECKS has expressly consented to their validity.
§ 2 Entry into and withdrawal from the contract
(1) POPDECKS undertakes to accept the order placed by the customer according to the website conditions. If the website contains any orthographic, typing or arithmetic errors, POPDECKS shall be entitled to withdrawal.
(2) In the event that the supplier of POPDECKS fails to supply POPDECKS with the goods ordered, despite being contractually obligated to do so, POPDECKS shall equally be entitled to withdraw from the contract. In this case the customer shall be informed without delay that the product ordered is not available.
§ 3 Customer’s right of revocation
(1) The customer, on its part, may revoke the order in writing (e.g. by letter, fax, e-mail) or by returning the merchandise within two weeks without indication of any reasons. For the purpose of meeting the deadline the timely transmission shall be sufficient. Such revocation shall be addressed to:
popdecks – Marcel Zickler
(2) In case of effective revocation the services received by both parties shall be returned. If the customer is only able to return the service received in a deteriorated condition, the customer shall be obligated to pay compensation for the loss in value. This shall not apply if the deterioration of the item exclusively results from its inspection, as would be possible, for example, in a retail store. In case of return out of a consignment of goods whose order value totals up to EUR 100 the customer shall be required to bear the cost of return delivery, provided that the merchandise delivered conforms to the one ordered. Otherwise, the return shall be free of charge to the customer.
(3) After receipt of the item ordered the customer shall have the right to return it within a period of two weeks. Such period shall commence, at the earliest, at the time of receipt of the merchandise and these instructions. For the purpose of meeting the deadline the timely despatch (post stamp) of the merchandise at the expense and risk of POPDECKS shall be sufficient. Such return delivery shall be made to the address shown in paragraph 1. Only boards and merchandise in a perfectly clean condition shall be taken back. Garments shall be excluded from return, if already worn. If the boards and merchandise are in a deteriorated condition, POPDECKS shall be entitled to claim compensation for the loss in value. This shall not apply, if the deterioration of the item exclusively results from inspecting it.
§ 4 Delivery, postage, packaging
(1) Unless agreed otherwise, delivery shall be made ex store to the delivery address indicated by the customer. Details concerning the period of delivery shall be non-binding, unless a specific delivery date was promised on an exceptional basis. As a matter of principle, the quantities delivered shall be only as customary in households. Deliveries of a larger volume shall require a separate agreement.
(2) In addition, packaging and forwarding costs shall be charged. They will depend on the quantity, weight and country of destination. To find out the exact costs, check the shop.
§ 5 Maturity and payment, default
(1) The purchase price shall be immediately due when placing the order. The customer may pay the purchase price by credit card, by cash before delivery or by Paypal.
(2) If paying by credit card, the customer shall be required to indicate the credit card number, the date of validity and the three-digit check number shown on the reverse of the card.
(3) Should the customer be in default of payment, POPDECKS shall be entitled to assert default interest at a level of 5% per annum above the applicable base interest rate of the European Central Bank. If POPDECKS has demonstrably incurred a higher interest loss, POPDECKS may demand the same.
§ 6 Setoff
The customer shall only have a right to setoff, if its counterclaims are established by a court of law or recognised by POPDECKS.
§ 7 Reservation of title
Pending the full satisfaction of all claims existing against the customer, the boars and the merchandise delivered shall remain the property of POPDECKS.
§ 8 Liability for defects
(1) If the item purchased has a defect for which POPDECKS is answerable, the customer may demand subsequent performance (rectification of the defect or substitute delivery). Should POPDECKS be unable or unwilling to render such subsequent performance because the effort would be disproportionate or should such subsequent performance be delayed beyond a reasonable period for reasons not lying within the scope of responsibility of POPDECKS or should subsequent performance fail in any other way, the customer may, at its election, demand a corresponding price reduction or withdraw from the contract and claim damages. POPDECKS points out that minor colour differences as may occur between the pictures on the websites and the item delivered are associated with the technical colouring process, thus not representing a defect.
(2) Unless provided for otherwise below, any more extensive claims of the customer, no matter on which legal ground whatsoever, shall be excluded. Hence, POPDECKS shall not be liable for damage not incurred on the deliverables themselves. In particular, POPDECKS shall not be liable for lost profits or for any other pecuniary losses suffered by the customer. To the extent that POPDECKS’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
(3) Limited liability pursuant to paragraph 2 shall not apply, if the cause of damage is based on intent or gross negligence or if personal injury has been inflicted. Furthermore, it shall not apply where the customer asserts claims pursuant to §§ 1, 4 Product Liability Act.
(4) If POPDECKS breaches a material contractual duty, its obligation to provide compensation for property damage shall be limited to such property damage as is typically incurred.
(5) The period of limitation applicable to property damage shall be twenty-four months from the date of delivery.
§ 9 Data protection
The customer has been informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal data needed for the execution of orders. Get more infos The customer explicitly agrees to such collection, processing and use of personal data.
§ 10 Applicable law
(1) German law shall apply to the exclusion of the UN Sales Convention.
(2) Unless provided for otherwise in the contract confirmation, the place of performance shall be the place of business of POPDECKS – Marcel Zickler.