General terms and conditions
The following terms and conditions apply for all contracts with PROFUNDIS (Presse Media Service GmbH, Post Box 40 44, D-57356 Lennestadt - following named PROFUNDIS) that are based on online-orders via Internet or other communication tools (email, letter, fax, telephone,…). With your order you accept the content of our terms and conditions. Dissenting agreements require the written approval of PROFUNDIS.
A. Completion of a contract
The contract is accomplished when your completed order is confirmed by email (or any other written form) by PROFUNDIS.
B. Terms of payment and delivery
All prices stated include Value Added Tax.
The shipment of the ordered product takes place immediately after charging the purchaser`s credit card or after invoicing..
The approximate delivery time is stated in the product description. If no delivery time is stated the product normally will be delivered within four days after shipment. Delivery for destinations outside Germany normally lies within 21 days after shipment. Please take into consideration that delivery can sometimes take longer (e. g. around Christmas). Dispatch normally is executed by `Deutsche Post AG`. If the stated delivery time can not be adhered to because of acts of God (e. g. wars, strikes, natural disasters,…) or similar incidents, the delivery time extends appropriately.
Compensation claims because of delivery delays as well as compensation claims instead of delivery are not possible. This does not apply if the delay was caused deliberately or by gross negligence on behalf of PROFUNDIS. The purchaser is committed to declare after an adequate period of time whether he wants to withdraw from the contract or not.
C. Shipping costs
The costs of shipping depend on the parcel`s weight and on its destination (Germany, EU-countries, other countries). Delivery costs differ from order to order (depending on the number of products, kind,…). The actual delivery costs will be displayed during the ordering process. The final price will be displayed with finishing the order.
D. Material defects
The purchaser can not deny the acceptance of a shipment because of insignificant defects. In case of a material defect a new product will be delivered. The purchaser is obligated to inform PROFUNDIS immediately about material defects. Claims for damage are not possible if the product is insignificantly damaged and if its use is not impaired. Claims for damage are not possible if the product was not used appropriately after delivery, if it was used neglectfully or if it was used excessively and thus the defect was caused.
If the expenses to compensate a defect increase because of a purchaser`s relocation to another address, those additional costs will not be covered by PROFUNDIS. That does not apply if the shipment of the product is in accordance with its actual use.
The limitation period for claims for damage is, if the purchaser is a dealer - differing from the German law - 12 months after transfer of perils respectively acceptance of the product. If the purchaser is not a dealer the limitation period is 24 months (according to German law) after transfer of perils respectively acceptance of the product.
E. Claims for damage / joint liability
As far as PROFUNDIS is not liable according to the general terms and conditions, all claims of the purchaser, especially those for "claims for damage" that are not directly concerning the delivered product, are excluded. That also applies for claims of the purchaser concerning violations of secondary obligations, including pre contractual breach of duty as well as all claims of manufacturer`s liability based on § 823 BGB. This exclusion of liability does not apply if the damage was caused deliberately or by gross negligence of PROFUNDIS` owner or one of its superior employees or by culpable violations of essential duties under a contract. In case of a culpable violation of an essential duty under a contract PROFUNDIS is liable only for a contract characteristic-, reasonably- and foreseeable damage (as mentioned in the sentence before: not excluded are damages deliberately caused or damages by gross negligence of the owner of PROFUNDIS or one of its superior employees). A legal disclaimer is also impossible for all cases where a person`s health or life is impaired, and where according to the German product liability law defects of the delivered product lead to damages of people and / or damages to property. A legal disclaimer is also excluded if an essential feature of the product that was clearly stated in the offer, is missing, if the reassurance lead to a relinquishment of an insurance for possible damages of the ordered product on behalf of the purchaser. Material defects, that have been fraudulently concealed, or whose absence was guaranteed by PROFUNDIS also exclude a legal disclaimer.
F. Retention of title
All delivered products stay property of PROFUNDIS until they are completely paid.
G. Relevant law and safeguarding stipulation
All deliveries and services are exclusively regulated by German law, especially under exclusion of the United Nation`s agreement on international trade. If one or more than one of the PROFUNDIS regulations were invalid, this would not affect all other regulations. In such a case both sides are committed to replace the invalid regulation with a regulation that is the closest to an economically promising regulation.
Lennestadt, January 2006