Right of revocation for buyer
The buyer can revoke the contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which the buyer or a third party designated by him, who is not the carrier, has taken possession of the goods.
In order to exercise the right of withdrawal, the buyer must inform the customer of the decision to revoke the contract by means of a clear statement (letter or e-mail).
The revocation must be sent to:
Tiefenschärfe, Michl Mehra and Partner GbR
Soldiner Strasse 5
13359 Berlin, Germany
or to: shop [at] protobox.eu
The purchaser shall return the goods to the customer in writing without delay and in any case no later than fourteen days from the day on which the customer has been informed of the cancellation of this contract. The deadline is granted if the buyer sends the goods before the end of the period of 14 days. The costs of the return are accepted by the buyer.
The purchaser must only pay for a possible loss of value of the goods if this loss in value is attributable to a handling which is not necessary for checking the completeness of the goods.
In order to maintain the revocation period, it is sufficient that the notification of the exercise of the right of revocation be sent before expiry of the revocation period.
If the contract is revoked, the consumer shall have to reimburse, without undue delay, within fourteen days from the date on which the notification of the revocation of this contract has been received in the case of deep focus. For such repayment, the Buyer shall use the same means of payment as the Purchaser has used in the original transaction, unless the Purchaser has expressly agreed otherwise; in no case will the buyer be charged for these repayment fees. The repayment may be refused by Tiefenschärfe until the goods have been restrained, or until the buyer has demonstrated that he has returned the goods, whichever is the earlier.
General Terms and Conditions of Business (GbR) concerning companies
1 General – Scope of application
(1) Tiefenschärfe – Michl, Mehra and Partner GbR (hereinafter referred to as “Tiefschärfe”) offers materials for workshops, trainings and innovation projects through their website www.protobox.com.
Customers (hereinafter referred to as “Purchaser”) within the meaning of these General Terms and Conditions (GTC) are entrepreneurs within the meaning of § 14 BGB (German Civil Code). The orderer assures by his order that he is doing this exclusively in his capacity as an entrepreneur, in particular as a natural or legal person or legal person, who acts on completion of the legal transaction in the exercise of his commercial or independent professional activity.
(2) The general terms and conditions of profoundness shall apply exclusively; they are part of the contract and are valid for all transactions, deliveries and services of the customer with the customer, which are concluded with the purchaser via the website www.protobox.eu. They shall be accepted in their entirety by the purchaser in the version valid at the time of conclusion of the contract.
Conflicting conditions of the customer deviating from these conditions are not acknowledged, unless the degree of depth has been expressly approved in writing. The terms and conditions of sale of depth-of-focus are also applicable if Tiefenschärfe in the knowledge of conflicting terms or conditions deviating from the terms of sale of the purchaser expedites the delivery to the purchaser unconditionally.
2 Conclusion of the contract and object of the contract
(1) The representation of products in the online shop www.protobox.eu as well as represent no legally binding offer on the part of deep-focus. They are merely a non-committal invitation to tender. By clicking on the “buy now” button on the website www.protobox.com, the customer makes a legally binding offer for the conclusion of a purchase contract or a work delivery contract of the goods displayed in the shopping cart of the online shop to buy these at the stated price.
(3) If the order is made via the online shop, the customer receives an e-mail confirmation, which is transmitted by a profound Tiefenschärfe, immediately after sending his order, which represents a pure acknowledgment of receipt. This acknowledgment of receipt does not constitute an acceptance of the offer by the purchaser. The purchase contract only comes about by sending an order confirmation by means of depth clarity.
The contracting party is:
Tiefenschärfe, Michl, Mehra and Partner GbR; Soldinerstrasse 5, 13359 Berlin Show the delivery program
Tel .: 030 46607994, e-mail: shop [at] protobox.eu
(4) Technically necessary and appropriate modifications of the products are reserved. We reserve the right to change the color, pattern or dimension, which is reasonable for the customer. Illustrations and drawings are used solely for the prior information of the purchaser and require their written confirmation by means of a deep focus. Information on the characteristics and performance characteristics of the products are provided for illustration purposes only and are not binding.
(5) The conclusion of the contract is subject to a timely and orderly supply of deep-focus by its suppliers. The foregoing rule applies only in the event that the circumstance on which the non-delivery is based is not to be attributed to a lack of depth, for example in the case of a congruent cover transaction with the respective supplier. shall inform the Purchaser without delay of the inability to carry out the delivery. Insofar as the Purchaser has performed, the customer shall immediately refund the consideration. The customer is not entitled to any further claims.
(6) The Purchaser is aware of the fact that the object of the agreement is subject to copyright, that this is a competitive product and that the right to exploit the product is subject to a deep focus.
(7) In the event that copyrights of third parties exist on the materials, the contracting parties declare that they will observe these rights.
3 Delivery and transfer of risk
(1) The delivery shall be made to the address specified by the customer at the time of the order.
(2) Delivery dates and delivery times are only binding if they have been confirmed in writing.
(3) The beginning of the delivery time stated in the confirmation of the order presupposes the clarification of all technical questions as well as the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
(4) Delays in delivery due to force majeure, delivery or transport delays or events which make the delivery not only temporarily difficult or impossible, but not only temporarily, is not responsible for binding deadlines or deadlines. They entitle the customer to delay the delivery by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled. The purchaser is entitled to withdraw from the contract only after a reminder or lapse of a reasonable period of grace for the performance or supplementary performance.
(5) In case of a lack of depth, non-compliance with binding deadlines and deadlines or is in arrears, the liability of the customer shall be half a percent of the invoice value (net without VAT) of the delivery affected but not more than 10 percent of the invoice value (net without VAT) of the delivery affected by the delay. Any further claims are excluded, unless the delay is due to gross negligence or intent.
(6) If the purchaser is in default of acceptance or if he culpably violates other cooperation obligations, the customer shall be entitled to demand compensation for the damages incurred, including any additional costs. In the event of the delay in acceptance or in the event that the customer is otherwise responsible for the delay, the products ordered can be stored at the risk and expense of the customer. After the establishment and unsuccessful expiry of an additional deadline for the acceptance of the products, the customer can withdraw from the contract and demand compensation instead of performance. Any further claims or rights remain reserved.
(7) The risk passes to the customer as soon as the delivery has been handed over to the transporting person. If the shipment is delayed at the customer’s request, the risk passes to him with the notification of readiness for dispatch. The delivery of the ordered goods in several deliveries on different days is not excluded.
4 Prices and terms of payment
(1) The prices stated in the online shop at www.protobox.eu are net price plus shipping costs and statutory value-added tax of 19%.
(2) In addition to the confirmation of order, the purchaser shall receive a detailed invoice with the value-added tax as stated, which shall be regulated taking account of the payment conditions indicated by the depth criteria.
(3) In the event of a delay in payment, the customer shall be entitled to assign the receivables to a debt collection institution defined by a profound depth.
(4) The Purchaser shall only be entitled to set-off rights if his counterclaims have been legally established, undisputed or recognized by profound depth.
(5) If the customer desires a delivery outside the territory of the Federal Republic of Germany, the resulting costs will be communicated to him separately.
5 Reservation of title
(1) The goods remain the property of the customer until the customer has paid all arising claims arising from the business relationship.
(2) If the purchaser himself sells the goods under reservation of ownership without the consent of the professor, he thereby retains the right of ownership for profound depth.
If the goods supplied by Tiefschärfe are mixed or combined with other objects, the purchaser shall, at this point, already defend his property or co-ownership rights in the mixed stock or new objects and shall keep them with commercial diligence.
6 Liability for Defects
(1) In the event of the existence of a trading transaction within the meaning of §§ 343, 344 HGB (German Commercial Code), claims for defects by the customer presuppose that the customer has properly complied with his inspection and complaint obligations pursuant to § 377 HGB.
(2) The Purchaser’s warranty and replacement claims shall be void if the Purchaser fails to check the delivery immediately upon receipt and shall immediately notify the Customer in writing of any complaints, as well as open and hidden defects, at the latest by the fourteenth calendar day after receipt of the goods. After expiry of these periods or first-time use, all claims for warranty and damages shall be excluded, to the extent legally permissible. Deadline is sufficient for the timely dispatch. The purchaser shall bear the full burden of proof for all claims, in particular for the existence of the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
(3) The warranty does not cover any damage which the customer is responsible for, for example damage caused by wear, intensive exposure to light, moisture, temperature and weather influences or other improper handling.
(4) In the event of subsequent performance, the required costs are only to the extent of the purchase price.
(5) Tiefschärfe is liable according to statutory provisions, insofar as the purchaser asserts claims for damages which are based on intent or gross negligence, including intent and gross negligence on the part of representatives and vicarious agents of profoundness. To the extent that no deliberate breach of contract is involved, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(6) Tiefenschärfe shall be liable in accordance with the legal provisions, insofar as there is a serious breach of contractual obligations, in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, body and health shall remain unaffected; this also applies to mandatory liability under the Product Liability Act.
(8) Unless stated otherwise, the liability shall be excluded.
(9) The limitation period for claims for defects is 6 months, calculated from the transfer of risk. This does not apply if it is the sale of a product which is usually used for a building or model and has caused the respective defect.
(10) The product liability lies with original packaging of the original manufacturer, a liability is not accepted.
7 Total liability
(1) A more extensive liability for compensation than in § 6 is excluded – without regard for the legal nature of the asserted claim. This applies in particular to claims for damages resulting from negligence on conclusion of the contract, due to other breaches of duty or because of delictual claims for compensation for property damage according to § 823 BGB.
(2) In so far as the liability for damages is excluded or restricted, this shall also apply with regard to the personal liability to damages of the employees and fulfillment allowances of deep focus.
(4) Tiefenschärfe is also only responsible for the content of the website, which is operated by the professor. As far as links to the access to other Internet sites is possible, deep-focus is not responsible for the contents contained there. The external content does not have to be taken into account. If deep knowledge of illegal contents on external internet pages is obtained, the access to these Internet pages via the website of tiefschärfe is immediately blocked.
(5) tiefschärfe does not accept any liability for the malfunction of the website.
8 Merchandise exchange
(1) The exchange and withdrawal of goods are independent of the legal rights of the customer only in individual cases due to a separate agreement between tiefschärfe and the purchaser, which must be made before the return of the goods.
(2) Exchange and return are generally excluded, since the protoboxes are individual products. To be exchanged and returned, original items, as long as they are still original packaging, and the exchange or return request deep fills within a period of fourteen calendar days after delivery of the goods to the orderer.
(3) The replacement and replacement of the replacement goods shall be exclusively at the purchaser’s expense. Goods, the depth of sharpness reached unfree, must not be accepted by profoundness.
(1) tiefschärfe takes the protection of personal data very seriously and strictly adheres to the rules of the data protection laws, in particular the Federal Data Protection Act (BDSG).
(2) Personal data is collected on the website of Tiefenschärfe only to the technically necessary extent. In no case will the data collected by the customer be sold or passed on to third parties for other reasons, unless this is mandatory by law. The personal data are used for the processing of orders, the delivery of goods as well as for payment processing. Personal data are not passed on to third parties, who do not cooperate with the customer for the purpose of order processing with deep focus. The Purchaser has a right to information about the data concerning him, as well as on correction, blocking and deletion of this data under the e-mail address: firstname.lastname@example.org
The data will be blocked if a legal or contractual retention obligation is not met.
10 Severability clause
Should one of these provisions be invalid or become invalid by statutory amendments, the remaining provisions shall continue to apply unrestrictedly.
11 Final provisions
(1) Individual verbal contract agreements shall only be confirmed by written confirmation of the contract.
(2) The law of the Federal Republic of Germany shall apply.
(3) As far as legally permissible, Berlin shall be agreed as the court of jurisdiction for all disputes arising from this contract. Unless otherwise stated in the order confirmation, the place of business is the place of fulfillment.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.