Terms of service
General Terms and Conditions for Online Sales via the Online Shop of Pssbl www.pssbl.life
§1 GENERAL, CUSTOMERS, LANGUAGE
(1) All offers, purchase agreements, deliveries and services related to orders placed by our customers through our online shop at www.pssbl.life are subject to these general terms and conditions. By purchasing our products through this website you are agreeing to these terms and conditions, which may be updated by us from time to time. Any such updates will be notified through this website.
(2) The seller of the products and contract partner for purchasing the products is:
PSSBL GmbH
Potsdamer Straße 168
10783 Berlin
Germany
Managing Director: Marc Finsterlin
(3)The products offered in our online shop are directed at contractually capable natural persons and corporate bodies. This includes consumers as well as entrepreneurs, with the limitation that the purchasers are the end-users of our products. The goods on our online shop are not sold to commercial resellers; PSSBL runs a separate sales program for commercial resellers. For details please contact us through talk@pssbl.life.
For purposes of these general terms and conditions, (i) consumers are any natural persons who enter into a transaction for purposes which can be attributed primarily to neither their commercial nor freelance professional activities (§13 of the German Civil Code – BGB) and (ii) an entrepreneur means any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (§14(1) BGB).
(4) Customer terms and conditions do not apply, even if we do not explicitly reject their validity on a case-by-case basis.
(5) Contract Language is German.
§2 CONCLUSION OF CONTRACT
(1) Our offerings in the online shop are not binding. The displayed pictures serve as product presentation. We reserve the right of changes and adjustments of the offerings.
(2) The order process is started by placing an order in our online shop. By placing the order, the customer makes a binding offer to purchase the selected product. PSSBL reserves the right to accept or reject said offer until the third business day after receipt of the order.
(3) In case or ordering through PayPal upon submitting your order request and providing the payment details, you will receive a confirmation from PayPal regarding your payment. This confirmation serves at the same time as an acceptance of your offer. Additionally we will notify the customer separately about the acceptance of the purchase offer (order confirmation via email). The purchase contract comes into force with the payment itself.
§3 PRICES, SHIPPING COSTS AND PAYMENT
(1) For purchases in Germany and EU member states our prices include German statutory VAT of 19%. In the remaining countries sold items do not include VAT.
(2) For deliveries within Germany shipping costs are free of charge, EU member countries €9,90 (standard shipping) and rest of world €15,90(standard shipping). The shipping costs will be shown separetely as "Versand" or "Shipping costs" in your order before pressing the "buy" button.
(3) We are entitled to make partial deliveries of products in one order if they are separately usable and are responsible for any additional shipping costs incurred.
(4) If delivery is made to countries outside of the European Union, Customers are responsible for paying any applicable duties or other charges. Please note that these local charges (in particular custom duties, sale taxes, money transfer/service fees) are at your own expenses.
(5) We only accept those payment methods displayed to customers when placing their order.
(6) The purchase price is payable immediately upon conclusion of the contract.
(7) Customers have no right to offsets or retention unless their counterclaims are undisputed or legally binding by court order and derive from same contractual relationship.
(8) Invoices, Credit Notes and Payment reminders will be forwarded to customers solely by MAIL.
§4 DELIVERY
(1) Unless otherwise agreed upon, the delivery will be arranged from our warehouse directly to the delivery address provided in the order.
(2) Any delivery dates we provide for the shipment of goods are only best estimates and thus non-binding.
(3) All delivery dates specified by us upon placing the order or otherwise agreed, shall commence on the day of payment of the full purchase price (including VAT).
(4) Our compliance with any shipping deadlines is measured solely by the day on which we hand over the goods to the shipping company handling your shipment.
(5) If the goods ordered are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer's statutory rights due to delays in delivery are not affected by the foregoing provisions; the customer may claim damages only to the extent stipulated in §8 below.
§5 SHIPPING AND TRANSFER OF RISK
(1) Unless otherwise agreed, we will determine the appropriate delivery method and shipping company at our reasonable discretion.
(2) Deliveries within Germany and abroad are generally made by DHLGoGreen. Shipments can be tracked after registration.
(3) We are responsible solely for the timely, proper handover of the goods to the shipping company and are not responsible for any delays caused by the carrier. Any shipping time we might indicate is therefore not binding.
(4) If the customer is a consumer, the risk arising from accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred when the goods are delivered to the customer by the carrier.
§6 RETENTION OF TITLE
(1) We retain title to the goods delivered until full payment of the purchasing price (including VAT and postage).
(2) The customer is not entitled to resell the goods delivered by us while we retain title without our prior written consent.
§7 WARRANTY
(1) The statutory warranty rights of German Law (§§ 433 ff. BGB) apply to this purchase.
(2) In case consumer warranty applies and the goods have defects or differ from the agreed product description, the customer has to initially request repair or replacement of the goods purchased at PSSBL Online Shop. If the goods cannot be repaired or replaced within a reasonable time or without difficulties, the customer can claim reimbursement or a reduction of the purchase price. PSSBL can refuse the chosen compensation of the customers in case the costs are disproportional, and decide how to compensate the customer within the legal options.
(3) In case the customer himself or a third person by order of the customer tried to fix the defects or caused further damages on the products, the warranty guaranty does not apply anymore.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions of the §§ 433 ff. BGB apply with the following modifications:
(a)only our own information and the product description of the manufacturer are binding, public statements and advertising of the manufacturer are not relevant or binding for this purchase.
(b)You have the obligation to examine the products supplied by PSSBL immediately upon delivery for completeness and accuracy. Any damage, defects and complaints shall be notified to PSSBL promptly upon discovery and no later than within 7 days, and shall be accompanied by images and a detailed description.
(c) If the damage or defect is notified after the end of this period, the delivery shall be deemed to have been made in accordance with the terms of the contract, unless the shortcoming could not be identified despite a careful examination.
(d) Hidden defects shall be notified to PSSBL in writing no later than 7 days after discovery. The burden of proof for all eligibility requirements, including the time of discovery of the defect and the timeliness of the complaint rests with the purchaser.
(e) Small discrepancies with regard to quality, colour, quantity, weight, design and features in conformity with standard commercial practice or which are unavoidable for technical reasons do not constitute defects.
(f) Upon receipt of a complaint, PSSBL has the right to request the return of the goods at its own expense within five working days.
(g)In the case of warranty claims we will either repair or replace the product upon our decision. Additional costs due to shipment of the goods to a place other than the place of fulfilment will not be beared by PSSBL, unless the shipment corresponds to the intended use of the goods.
(h) In case the repair or replacement fails twice, the customer has the right to withdraw from the contract.
(5) The warranty period for consumers is two years from delivery, otherwise twelve months after delivery. This is not affected by any additional warranty given by PSSBL.
(6) The customer service of PSSBL can be contacted as follows:
PSSBL GmbH
Customer Service
Potsdamer Str. 168
10783 Berlin
Germany
§8 LIABILITY
(1) PSSBL is liable according to the legal regulations, unless agreed differently between the parties.
(2) PSSBL excludes liability for slightly negligent breaches of duty, except cases of injury to life, limb or health or guarantees are affected or in case of claims under the Product Liability Act. The liability for the breach of obligations and fulfilment related to the purchase contract remains unaffected.
(3) The liability for delay in delivery, shall be no more than 5% of the purchase price (including VAT), unless caused by intent or gross negligence, (3) PSSBL is not liable on any legal grounds for any damages caused through atypical use or misuse of the product.
(4) Noticeable transport damage or shortages shall be noted on the certificate of the carrier and reported promptly to PSSBL.
§9 CANCELLATION & RETURNS POLICY
(1) Customers classified as Consumers have a right of cancellation in accordance with the following terms, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly attributed neither to their commercial nor their independent professional activity:
(2) You have the right to withdraw from this Contract within 14 days, without stating any reason. The cancellation period is 14 days from the date on which you or a third party appointed by you, which is not the carrier, has taken possession of all goods. In order to exercise your right of cancellation, you must inform us (PSSBL, Customer Service, Potsdamer Straße 168, 10783 Berlin, Germany, talk@pssbl.life) of your decision to cancel this Contract, by means of a clear statement (e.g. with a letter sent by post or email) or the withdrawal form. You can also use the attached sample cancellation form, but this is not mandatory.