General terms and conditions

This is a translation provided for your convenience. Only the German version is legally binding.

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as provider (Purmax Logistics Europe GmbH) via the website b2b.purmax.de, unless the parties have agreed otherwise in writing. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We offer our products for sale only if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or self-employed professional activity when concluding the legal transaction (entrepreneur). Concluding a contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding contractual offer (order) by telephone, email, fax, post or via the online shopping cart system.

When purchasing via the online shopping cart system, the goods you intend to purchase are placed in the "shopping cart". You can open the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data and the payment and delivery conditions, all order data is finally displayed again on the order overview page.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the internet browser) or to cancel the order. By submitting the order via the corresponding button, you make a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute the conclusion of the contract.

(4) Acceptance of the offer (and thus conclusion of the contract) takes place immediately in the case of orders by telephone, or at the latest within 5 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound by your order. In this case, any services already rendered will be refunded without delay.

(5) On request, we will prepare an individual offer for you, which will be sent to you in text form and to which we will remain bound for 5 days (unless another period is stated in the respective offer). You accept the offer by confirmation in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Prices, terms of payment and shipping costs

(1) The prices stated in the respective offers and the shipping costs are net prices. They do not include statutory value added tax.

(2) Shipping costs are not included in the purchase price; they are charged separately unless free delivery has been promised. Further details can be found under a correspondingly labelled button on our website or in the respective offer.

(3) Any costs of money transfer (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

(4) You have the payment options shown under a correspondingly labelled button on our website or in the respective offer. Unless another payment term is stated for the individual payment methods or on the invoice, payment claims arising from the concluded contract are due for payment immediately. Deduction of cash discounts is only permitted if expressly stated in the respective offer or on the invoice.

§ 4 Terms of delivery

(1) The expected delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. For the payment method prepayment by bank transfer, the goods are only shipped after receipt of the full purchase price and shipping costs.

(2) Should a product ordered by you unexpectedly not be available, despite the timely conclusion of an adequate covering transaction, for a reason for which we are not responsible, you will be informed of the unavailability without delay and, in the event of withdrawal, any payments already made will be refunded without delay.

(3) Shipment is at your risk. If you so wish, shipment will be made with appropriate transport insurance, the costs of which shall be borne by you.

(4) Partial deliveries are permissible and may be invoiced by us separately, provided that this does not result in additional shipping costs for you.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- to culpably caused damage attributable to us arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with rights in respect of defects.

(2) Only our own specifications and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

(3) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title passes, pledging or transfer by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and place of jurisdiction is our registered office, provided that you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II. Customer information

1. Identity of the provider

Purmax Logistics Europe GmbH
Rheiner Straße 145
48282 Emsdetten
Germany
Phone: +49 2572 9163-490
Email: kontakt@purmax.de

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order or the enquiry, the contract data can be printed out using the browser's print function or saved electronically.

These terms and conditions and customer information were drawn up by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29.11.2023