General Terms and Conditions
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply between us,
PROTECT EUROPE SLR, RUE DE LA COLONNE 1A, MOLENBEEK-SAINT-JEAN, 1080, 1080 BRUSSELS
Tel.:(+49) 03022 39953534 E-mail: service@protectpickup.de
and
you as our customer for all contracts concluded via our online shop www.protectpickup.de for the purchase of goods.
(2) With regard to the General Terms and Conditions, the version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(3) Deviating contractual conditions of the customer shall not be recognized unless we expressly agree to them in writing.
(4) References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall apply unless they are directly amended or expressly excluded in these General Terms and Conditions.
(5) You can now access, print, and/or save the version of the General Terms and Conditions applicable to your contract via our website. For this purpose, this page can be saved via the browser and/or printed out immediately.
§ 2 Customer account, registration, account deletion
(1) Orders can be placed with or without prior registration.
(2) Registration on our website www.protectpickup.de, the creation of a customer account, and logging into this account are free of charge. To protect against misuse of your data, you must “activate” your customer account for successful registration. To do this, we will send an email with an activation link to the email address used for registration. We will then confirm the successful creation of your customer account by email. If the customer account is not activated within 7 days, the data you provided will be automatically deleted.
(3) There are no claims to use, technical availability, or further development of our website. Claims to contractual performance and processing of current orders remain unaffected by this.
(4) You are obliged to provide truthful information in your customer account and to make appropriate updates in the event of changes to your personal data if you wish to (continue to) use our range of services.
(5) The disclosure of your login data to third parties is not permitted. You are obliged to treat this data confidentially and to prevent unauthorized use by third parties to a reasonable extent.
(6) Each customer may only maintain one customer account at a time. If a customer maintains additional accounts with us, we reserve the right to delete all accounts opened after the first registration and to exclude the customer from using our services.
(7) Orders and purchases are generally only processed via the automated ordering process in our online shop or by email. We use the email address you provided when placing your order for email correspondence. For this reason, you are obliged to ensure that this email address is correct and that you can regularly check the emails you receive at this address. As it is inevitable that your system may also move our emails to the spam folder, we advise you to check this folder regularly for emails from us.
(8) Both you and we may delete the customer account at any time without notice and without giving reasons. To do so, it is necessary to send an email to service@protectpickup.de from the email address associated with the customer account, clearly stating your intention to delete the account. Legal relationships that are still to be settled remain unaffected by this. This applies in particular to orders that have already been placed and have not yet been completed.
(9) When your customer account is deleted, your personal data generated here will also be deleted if you have submitted a request to this effect and there are no legal retention obligations preventing this, or if the data is no longer required to fulfill the purpose for which it was stored, or if its storage is inadmissible for other legal reasons. The request must be sent to the address specified in § 1.
§ 3 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a legally binding offer to conclude a purchase contract. Rather, it represents an invitation to the customer to submit a binding offer for the selected goods by sending us the order.
(2) You can use the order process integrated into our online shop to submit your offer. By completing the order process via the online shop and clicking on the “Buy” button, you are submitting a binding offer to conclude a purchase contract.
(3) We will immediately confirm receipt of your order placed via our online shop by means of an automated email (“order confirmation”). Such an email does not constitute a binding acceptance of the order on our part, unless we declare our acceptance in addition to confirming receipt.
(4) We can accept the offer within five days. This period begins on the day after you submit your offer and ends at the end of the fifth day. The contract can also be concluded by:
· our payment request after you have submitted your order;
· our declaration of acceptance in text form by fax or e-mail (“order confirmation”), whereby receipt of the order confirmation by you is decisive;
· the dispatch of the ordered goods, whereby receipt of the ordered goods by you is decisive.
In the event that more than one of these alternatives applies, the contract is concluded when the first alternative in terms of time is fulfilled.
If we do not accept your offer within the specified period, this shall be deemed a rejection of your offer, to which you are then no longer bound.
(5) If you select PayPal as your payment method for your order from the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you issue a payment order to PayPal when you submit your order. In this case, we hereby declare our acceptance of your offer at the moment you initiate the payment process by clicking on the “Buy” button.
(6) The contract text with the details of your order and the General Terms and Conditions will be sent to you on a durable medium (e-mail or paper printout) after you have submitted your order. We also store the contract text in compliance with data protection regulations. As a registered customer, you can access the contract text free of charge via your customer account (under “Your orders”).
(7) The contract is concluded in German.
(8) Submitting an offer on our website is not permitted, with the result that a contract cannot be concluded if
· the customer is not of legal age or does not have full legal capacity at the time of submitting the purchase offer;
· an invoice and/or delivery address outside the European Union or Switzerland is entered on our website.
(9) Before you submit your order, which is binding for you, you have the opportunity to review and, if necessary, change the order details in addition to your personal details, the billing and delivery address, and the selected payment method.
§ 4 Delivery, delivery restrictions
(1) Delivery is made within Germany and to countries of the European Union.
(2) The goods will be shipped to the delivery address you specified during the order process, unless otherwise agreed.
(3) The specific shipping costs for your order depend on the volume and/or weight of the goods ordered and the destination country. These costs are listed in the product description. The total shipping costs will be displayed before you submit your order.
(4) The delivery time for your ordered goods is based on the information provided in the respective product description.
(5) The following applies to the calculation of the delivery period:
In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring credit institution. For other payment methods, the period begins on the day after the contract is concluded. In all cases, the delivery period ends at the end of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
(6) Multiple items will be delivered in one shipment. In this case, the delivery time is determined by the item with the longest delivery time from your order.
(7) If the product you have ordered is temporarily unavailable, we will inform you of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, you have the right to withdraw from the contract. Any payments already made will be refunded immediately. The statutory right of withdrawal (§ 8 of the General Terms and Conditions) for consumers remains unaffected by this.
(8) We reserve the right to withdraw from the contract in the event of incorrect or improper delivery by our contractual partners. This only applies if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. If they are not available or only partially available, we will inform you immediately and refund the consideration without delay.
(9) You can find the delivery date for the goods that have been prepared and shipped by entering the respective tracking numbers, which we will provide you with after shipment, on the website of the respective supplier.
(10) If proper delivery to you is not possible, the transport company will return the goods to us. If costs are incurred for the return shipment, these shall be borne by you. This does not apply if you have effectively exercised your right of withdrawal, or if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the service offered, unless we had notified you of the service in advance within a reasonable period of time.
(11) If you order goods from us for shipment as a business, the risk of accidental loss and accidental deterioration of the ordered goods shall pass to you as soon as we have handed over the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment.
(12) If you order goods from us for shipment as a consumer, the shipping risk (in accordance with the law) lies with us. Therefore, the risk of accidental loss and accidental deterioration of the ordered goods is generally only transferred to you or an authorized recipient upon delivery of the goods. This does not apply if you commission the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment and you have not previously named this person or institution to us. In this case, the risk of accidental loss and accidental deterioration of the goods sold is transferred to you as soon as we hand over the ordered goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment.
§ 5 Collection of goods / Provision of goods, default of acceptance
(1) If you have chosen to collect the goods from our business address during the ordering process (“cash payment on collection”), we will inform you by email as soon as the goods you have ordered are ready for collection.
(2) The goods will only be handed over upon full payment of the purchase price.
(3) § 4 (7) and (8) apply accordingly.
§ 6 Retention of title
(1) The delivered goods remain our property until the purchase price has been paid in full.
(2) In the case of contracts with entrepreneurs, we reserve title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full. As a business, you are entitled to resell the goods subject to retention of title in the ordinary course of business. However, you hereby assign to us in advance all claims against third parties arising from this in the amount of the respective invoice value (including sales tax). You remain authorized to collect the claims even after the assignment. This does not affect our authority to collect the claims ourselves. However, we will not collect the claims as long as you meet your payment obligations to us, are not in default of payment, and have not filed for insolvency proceedings. The assignment exists regardless of whether the goods subject to retention of title have been resold without or after processing.
§ 7 Prices and terms of payment, offsetting, and right of retention
(1) The prices listed in our online shop are final prices and already include statutory sales tax. They do not include any applicable delivery and shipping costs.
(2) Payment can be made by bank transfer or cash upon pickup.
(2.1.) Payment of the purchase price including shipping costs is generally due immediately after conclusion of the purchase contract, with the exception of the payment method “cash payment upon collection.”
(2.1.) With the exception of the payment method “cash on collection,” payment of the purchase price including shipping costs is generally due immediately after the conclusion of the purchase contract.
(2.2.) In the case of “cash payment upon collection,” the purchase price is payable upon delivery of the goods on the collection date. If the customer has not collected the goods within 7 working days after the collection date, they will receive an invoice from us with a payment term of 10 days.
(2.3.) In the case of payment in advance by bank transfer, payment of the purchase price including shipping costs is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(2.4.) A prerequisite for payment via PayPal is that the customer opens a PayPal account or already has one. If your payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, the PayPal terms of use (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) also apply. You can access these during the ordering process and must confirm them before submitting your purchase offer.
(3) Offsetting against our claims is only permissible if your counterclaims have been legally established or are undisputed. Offsetting against our claims is also possible if you assert complaints or counterclaims arising from the same purchase contract.
(4) A right of retention can only be asserted if your counterclaim arises from the same purchase contract.
§ 8 Warranty
(1) Ordered goods may differ slightly from the goods depicted within reasonable limits.
(2) We are liable for material defects and/or defects of title in delivered items in accordance with the applicable statutory provisions.
(3) Notwithstanding clause 2, the following applies to entrepreneurs:
· An insignificant defect does not generally justify any claims for defects;
· The limitation period for defects in new goods is one year from the transfer of risk;
· In the case of used goods, the buyer's rights and claims due to defects are generally excluded;
· The limitation period does not start again if a replacement delivery is made within the scope of liability for defects;
(4) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(5) The seller does not give any guarantees to the customer in the legal sense, unless such guarantees have been expressly agreed. In cases where we provide a seller's warranty for certain items or where manufacturer's warranties are provided by the manufacturers of certain items, these shall apply in addition to any claims arising from material defects or defects of title within the meaning of this provision. Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.
(6) If you are commercial buyer, you are subject to the commercial obligation to inspect and give notice of defects. If the statutory notification obligations are not fulfilled, the goods shall be deemed to have been approved.
(7) We ask consumers to check the ordered goods for obvious transport damage upon delivery, to acknowledge receipt of the goods on the delivery note provided by the delivery service, and to document any complaints therein. If you, as a consumer, do not comply with this request, this will not affect your ability to assert your contractual or non-contractual rights in relation to defects. In this case, you can of course contact us directly using the contact details above.
§ 9 Cancellation
(1) Consumers have a right of cancellation for distance contracts in accordance with the statutory provisions. A sample cancellation form that you can use is provided in paragraph 2 of this provision.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
- The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
- If you have ordered several goods in a single order, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
- If you have ordered one item and it is delivered in several partial shipments or pieces, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us,
PROTECT EUROPE SLR, RUE DE LA COLONNE 1A, MOLENBEEK-SAINT-JEAN, 1080, 1080 BRUSSELS, Tel.: (+49) 03022 39953534, Email: service@protectpickup.de of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning goods that can be shipped by parcel post.
When returning goods that cannot be shipped by parcel post, you shall bear the direct costs of the return shipment in the amount of EUR 200.00.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
- End of cancellation policy -
(2) We provide the following information about the model cancellation form in accordance with the statutory provisions:
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back. Please send to:)
PROTECT EUROPE SLR, RUE DE LA COLONNE 1A, MOLENBEEK-SAINT-JEAN, 1080,, 1080 BRUSSELS, Tel.:(+49) 03022 39953534, E-Mail: service@protectpickup.de-
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Name of the goods, order number and price, if applicable
- Ordered on (*)/received on (*)
- Name and address of the consumer(s)
- Date and signature of the consumer(s) (only for paper notifications)
(*) Delete as applicable
(3) The right of withdrawal does not apply to the following contracts:
• Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer (you) is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the delivery of goods if, after delivery, these have been inseparably mixed with other goods due to their nature.
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
• Contracts for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts The right of withdrawal expires prematurely in the case of contracts
• Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
§ 10 Liability
(1) In all cases of contractual and non-contractual liability in the event of intent and gross negligence, this shall be determined in accordance with the statutory provisions on compensation for damages or reimbursement of futile expenses. The same applies to our legal representatives and the vicarious agents employed by us.
(2) In cases of simple negligence, we shall only be liable for breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded.
§ 11 Force Majeure
(1) If failure to meet deadlines is due to force majeure, e.g. mobilisation, war, riots, or similar events for which the seller is not responsible, e.g. strikes or lockouts, the deadlines shall be extended by the period during which the aforementioned event or its effects persist.
(2) The seller shall be liable for delay in performance in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent, as well as in cases of culpable injury to life, limb, or health in accordance with the statutory provisions. Further claims by the buyer are excluded.
§ 12 Final provisions
(1) Belgian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is our registered office in Brussels, provided that you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law. In the above cases, however, we are in any case entitled to appeal to the court competent according to the statutory provisions.
Overriding statutory provisions, in particular those relating to exclusive jurisdiction, remain unaffected by this.
(3) Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain valid. The invalid provisions shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.
(4) According to EU Regulation No. 524/2013 on online dispute resolution in consumer matters, since January 9, 2016, consumers have had the option of settling disputes with businesses relating to online purchase contracts or online service contracts out of court via an online dispute resolution platform (ODR platform). This platform was set up by the EU Commission and can be accessed via the following link: https://ec.europa.eu/consumers/odr/. We are currently not obliged to participate in such dispute resolution and do not do so. If you have any questions or problems with your order, we are of course available to assist you at service@protectpickup.de.