Terms and Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Punch GmbH) via the website lonsdale.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering personal data as well as payment and shipping conditions, all order details are displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
Once you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review all the information again, change it (also via the "back" function of your internet browser) or cancel the purchase.
By submitting your order via the "order with obligation to pay" button, you legally declare your acceptance of the offer, thereby concluding the contract.

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

§ 3 Right of retention, reservation of title

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

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 4 Liability

(1) We are fully liable for damages resulting from injury to life, body, or health. Furthermore, we are fully liable in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.

(2) Liability for defects under the statutory warranty is governed by the relevant provisions in our customer information (Part II).

(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are those fundamental obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the contract's purpose, as well as obligations that the contract imposes on us according to its content for the achievement of the contract's purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which you may regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times, according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

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

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather 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, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

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II. Customer Information

1. Seller's identity

Punch GmbH
Im Taubental 15a
41468 Neuss
Germany
Telephone: 02131229900
Email: shop@punch-gmbh.de

 

The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr.

2. Information on how the contract came about

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

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.

5.3. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery conditions

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

7. Statutory warranty rights

7.1. The statutory warranty rights apply.

7.2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: http://www.haendlerbund.de/agb-service.

Last updated: September 28, 2016

Alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (VSBG): The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Consumers have the option of contacting the General Consumer Arbitration Board of the Center for Arbitration e. V., Straßburger Str. 8, 77694 Kehl, Germany, https://www.verbraucher-schlichter.de, to resolve their disputes. We are obligated to participate in dispute resolution proceedings before this body and will participate in such proceedings.

We are obliged to participate in dispute resolution proceedings before this body. We will participate in such proceedings.

Last updated: May 3, 2019