General terms and conditions

General Terms and Conditions of PYUA Protection GmbH for the ordering of goods via the Internet platform https://www.pyua.eu/ by consumers.

§1 Scope of application, definitions of terms

(1) These General Terms and Conditions apply to all orders placed by the customer via the Internet platform https://www.pyua.eu/ with PYUA Protection GmbH, Holstenstraße 104, 24103 Kiel, DE, Managing Director: Dr. Stefan Mohr, Timo Perschke, entry in the commercial register: Amtsgericht Kiel (Registernummer: HRB 14571 KI), Ust.IdNr.: DE 815380610, - hereinafter referred to as "PYUA" - as a consumer within the meaning of § 13 BGB (German Civil Code).

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur within the meaning of § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

(3) For entrepreneurs within the meaning of § 14 BGB (German Civil Code), deviating terms and conditions apply.

§2 Conclusion of contract

(1) The customer orders the goods offered by the PYUA-Onlineshop directly in the Internet via the Internet platform https://www.pyua.eu/.

(2) The order placed by the purchaser represents an offer of the purchaser to PYUA to conclude a sales contract for the ordered goods. The purchase contract between PYUA and the purchaser is only concluded after PYUA's declaration of acceptance. PYUA may do this either by sending an order confirmation or by sending the ordered goods. The mere confirmation of receipt of the order does not constitute a declaration of acceptance by PYUA.

(3) If the purchaser has not yet reached the age of 18 at the time of placing the order, the validity of the conclusion of the contract shall be governed by the statutory provisions (in particular §§ 104 - 110 BGB).

§3 Prices

(1) The prices quoted on the product pages include the applicable statutory value added tax and do not include any shipping costs pursuant to § 4.

(2) In the PYUA-Onlineshop vouchers can be redeemed by PYUA. Per order only one coupon code can be redeemed in the order process, whereby the order value must correspond at least to the coupon value. Vouchers cannot be redeemed for specially marked items.

§4 Shipping costs

(1) Orders in the PYUA-Onlineshop are delivered free of shipping costs. Deliveries are made to the following countries:

  • Belgium
  • Denmark
  • Germany (German)
  • Estonia
  • Finland
  • France (France)
  • Gibraltar
  • Greece
  • Great Britain
  • Ireland
  • Italy
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Netherlands
  • Norway
  • Austria
  • Poland
  • Portugal
  • Switzerland
  • Sweden
  • Slovak Republic
  • Slovenia
  • Spain
  • Czech Republic
  • Hungary
  • Cyprus

(2) The PYUA-Onlineshop delivers exclusively to the countries mentioned in § 4 paragraph 1. For orders shipped outside Germany, import taxes, customs duties and costs may be charged by the country of destination. Import duties and taxes shall be levied by the respective import customs office and shall be borne by the recipient. These depend on the import regulations of the recipient country. Further information can be obtained from the relevant customs offices.

(3) In the event of revocation, the customer shall bear the costs of the return shipment if the goods have been sent to a delivery address outside Germany. For deliveries within Germany PYUA takes over the return costs.

(4) In case of return due to revocation or justified withdrawal from the contract, damages and contamination of the goods are to be avoided (PYUA reserves the right to refuse the return of contaminated goods). In this case, please return the goods to the PYUA-Onlineshop in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to defective packaging. Please report any returns to return@pyua.de or by telephone at +49 (0) 431 / 570 8334 -10, enclose a copy of the invoice or delivery note and send the parcel in the DPD pickup shop (free of shipping costs under the conditions of paragraph 3) to the following address:

ABS Produktion
Ref. PYUA
Bahnhofstr. 14
D-84177 Gottfrieding
E-mail: return@pyua.de
Phone: +49 (0) 431 / 570 8334 -10

§5 Terms of delivery

(1) Deliveries shall be made within Germany and internationally with DPD or one of DPD's contractual partners. In the case of orders outside the EU, the customer shall bear the costs incurred for customs duties and value added tax.

(2) It is pointed out that all information regarding availability, dispatch or delivery of a product is only approximate information and approximate guide values. They do not represent binding or guaranteed dispatch or delivery dates, unless this is expressly designated as a binding date in the dispatch options of the respective product.

(3) Should not all products be in stock, PYUA is entitled to partial deliveries at its own expense, as far as this is reasonable for the purchaser.

(4) Should the delivery of the goods fail despite delivery attempts and notifications, PYUA may withdraw from the contract. Any payments made will be refunded to the customer.

(5) If products ordered by the purchaser are not available because individual products have not been delivered by suppliers, PYUA may withdraw from the contract. In this case, PYUA will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. Should a comparable product not be available or should the purchaser not wish the delivery of a comparable product, any payments made will be refunded to the purchaser immediately.

(6) The use of the articles for advertising purposes as well as in the context of competitions is only permitted with the prior consent of PYUA.

§6 Payment modalities

(1) The customer can pay the ordered articles by credit card, PayPal, Sofort Überweisung or Amazon Pay. In addition, PYUA reserves the right to offer invoice purchase as an additional method of payment in the PYUA online shop.

(2) In the interest of the customer, PYUA checks every order with due diligence on the basis of its own business policy and internal credit guidelines as well as including a credit check. Questions about this are answered by the customer service (contact data: welcome@pyua.de). PYUA reserves the right not to offer the purchase on account following an automated check in the sense of § 6a BDSG in order to secure the credit risk. In this case, the customer may alternatively pay by credit card, PayPal or cash on delivery.

(3) The cash on delivery payment is due upon receipt of the goods. This will be shown on the invoice. The payment has to take place with receipt of the commodity in cash with the delivering messenger. In addition to the purchase sum, a cash on delivery fee of 5.00 EUR and a showpiece fee of 2.00 EUR is due. In the case of a return of goods due to effective revocation or justified withdrawal, the invoice amount including processing fee will be credited to your account by bank transfer.

(4) With the payment method credit card the debit of the account of the orderer takes place with dispatch of the commodity.

(5) When choosing the payment method "PayPal", the terms of use and general terms and conditions of PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in their current version shall apply in addition.

(6) With the payment method invoice, the purchaser undertakes to pay the invoice amount within 14 days of receipt of the goods, without any discount. The invoice is usually sent together with the goods.

§7 Default in payment

(1) All invoices are due immediately and payable without deduction. If a calendar date has been specified for performance, payment shall be in arrears if payment is not made on time, without a reminder being required. If no concrete term of payment is determined according to the calendar, default in payment shall automatically occur 30 days after receipt of the invoice, without the need for a reminder.

(2) After default of payment, PYUA will transfer the claim to a debt collection agency or a lawyer for the purpose of collection.

(3) During the delay in payment, the Customer shall pay default interest at a rate of 5 percentage points above the base interest rate.

(4) The right of PYUA to withdraw from the contract and to demand the return of the delivered goods remains unaffected.

(5) The obligation of the purchaser to pay default interest does not exclude the assertion of further default damages by PYUA.

§8 Offsetting

(1) The set-off against payment claims of PYUA is only permissible with legally established or undisputed claims.

§9 Retention of title

(1) The goods remain the property of PYUA until full payment has been received.

§10 Right of revocation and revocation instruction

(1) Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (PYUA Protection GmbH, Holstenstraße 104; 24103 Kiel, Phone +49 (0) 431 / 570 8334 -10, return@pyua.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

(2) Vom Umtausch ausgeschlossene Ware

Bitte beachten Sie, dass Produkte, die individuell für Sie angefertigt wurden, vom Umtausch ausgeschlossen sind. Für reduzierte Waren gelten die gleichen Bedingungen.

(3) Folgen des Widerrufs

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse a refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier. You must return or hand over the goods to ABS Produktion Ref. PYUA Bahnhofstr. 14 D-84177 Gottfrieding immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the deadline of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss in value is due to handling them that is not necessary for checking the condition, properties and function of the goods.

B. Sample withdrawal form (If you wish to withdraw from the contract, please fill in this form and return it.)

To:
ABS Produktion
Ref. PYUA
Bahnhofstr. 14
D-84177 Gottfrieding
Phone +49 (0) 431 / 570 8334 -10
return@pyua.de

 

I/we ( ) hereby revoke the contract concluded by me/us ( ) for the purchase of the following goods ( ) / the provision of the following services ( )
Ordered on ( ) / received on ( )
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
Date __________________
Delete as applicable.

 


§11 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the purchaser arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by PYUA, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, PYUA shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the purchaser arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of PYUA's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.

§12 Warranty, guarantee

(1) PYUA is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB (German Civil Code).
(2) An additional guarantee exists for the goods delivered by PYUA only if this was expressly stated in the order confirmation for the respective article.

§13 Notes on data processing and data protection

(1) The PYUA-Onlineshop collects data of the customer within the framework of the handling of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the purchaser, PYUA will only collect, process or use inventory and usage data of the purchaser if this is necessary for the processing of the contractual relationship and for the use and settlement of telemedia.
(2) The customer has the possibility at any time to retrieve, change or delete the data stored by him under the button "My Data" in his profile. In addition, with regard to the Purchaser's consent and further information on the collection, processing and use of data, reference is made to the data protection declaration which can be called up in printable form at any time on the Provider's website via the "Data Protection" button.
(3) Facebook: In order to provide visitors to our online services with the best possible information tailored to the interests of the visitor, we use the remarketing technology of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") in the form of a Facebook pixel, which is technically implemented on our Internet pages. This technology enables users who have already visited our online offerings and are interested in our online offerings to be addressed again through targeted advertising within the social network Facebook. The advertisement is displayed by using a pixel, which can be used to analyze user behavior when visiting the website and then for targeted product recommendations and interest-based advertising.
Information on the purpose and scope of data collection by Facebook, the further processing and use of the data by Facebook and your rights in this regard and setting options to protect your privacy can be found in the data protection information. You can find more information about Facebook's privacy policy here: https://www.facebook.com/about/privacy/.
If you are not interested in the delivery of content in the course of further marketing, you can hide this content using the respective controls on the corresponding page by calling up the following page on Facebook (http://www.facebook.de/settings/ads) and deactivating the use of remarketing ads there. Alternatively, users can disable the use of third-party cookies by going to the Network Advertising Initiative's disable page (http://www.networkadvertising.org/choices/).
By using our offerings, you consent to Facebook processing the information collected about you in the manner and for the purposes described herein. We would like to point out that Facebook has its own data protection guidelines, which are independent of ours. We assume no responsibility or liability for these policies and procedures.
In order to draw the attention of potential users and customers to our online offers, we use the online advertising program Facebook Advertising and, as part of Facebook Advertising, conversion tracking, an analysis service provided by Facebook. Facebook places a cookie on your computer ("conversion cookie") if you have reached our website via a Facebook advertisement. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages from us and the cookie has not expired yet, we and Facebook can recognize that someone clicked on the ad and was redirected to our page and took an action there. The information collected through the conversion cookie is used to generate conversion statistics. We know the total number of users who clicked on each ad and were directed to a page tagged with a conversion tracking tag. However, we do not receive information that personally identifies users. If you do not wish to participate in the tracking process, you can also refuse to set a cookie as required for this - for example, by setting your browser to disable the automatic setting of cookies.

§14 Applicable law

(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) From 15 February 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the need for a court of law. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .
End of the General Terms and Conditions