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General terms and conditions

General terms and conditions with customer information


Table of contents


1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. force majeure
6. delay in performance at the request of the customer
7. retention of title
8. liability for defects / warranty
9. liability
10. statute of limitations
11. retention, assignment
12. special conditions for the processing of goods according to certain specifications
of the customer
13. special conditions for assembly/installation services
14. applicable law, place of jurisdiction

1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Primex GmbH
(hereinafter referred to as the "Seller"), shall apply to all contracts for the delivery of goods concluded by an
(hereinafter referred to as "Customer") with the Seller with respect to the goods presented by the
in his online store. Herewith the inclusion of
of the customer's own terms and conditions, unless otherwise agreed.
agreed.
1.2 These General Terms and Conditions shall also apply exclusively if the Seller, in knowledge of
conditions of the customer that conflict with or deviate from these conditions
customer's terms and conditions deviating from these terms and conditions.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a
a partnership with legal capacity, who, when concluding a legal transaction, is acting in
exercise of its commercial or independent professional activity.
1.4 For the purposes of these GTC, an entrepreneur is also a public authority or other public
public law, if they act exclusively under private law when concluding the contract.
private law.
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2) Conclusion of Contract
2.1 The product descriptions presented in the online store of the seller do not represent binding
binding offers on the part of the seller, but serve to submit a binding offer by the customer.
a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store.
online order form integrated in the online shop of the seller. In doing so, the Customer, after having placed the selected
goods and/or services into the virtual shopping cart and has gone through the electronic
the electronic ordering process, by clicking the button that concludes the ordering process.
the order process, the customer submits a legally binding contract offer with regard to the goods and/or services
goods and/or services contained in the shopping cart. Furthermore, the customer can also make the offer
by telephone, by fax, by e-mail or by using the online contact form to the
Seller.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax).
confirmation of the order in text form (fax or e-mail), whereby the receipt of the confirmation of the
the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order, or
- if payment by direct debit is offered and the customer chooses this payment method
payment method by collecting the total price from the customer's bank account, whereby the
the customer's bank account, whereby the point in time at which the customer's account is debited is
is debited.
If more than one of the aforementioned alternatives exists, the contract shall be concluded
time at which one of the aforementioned alternatives occurs first. The period
for acceptance of the offer begins on the day after the offer is sent by the customer and
the offer by the customer and ends with the expiry of the fifth day following the
day following the sending of the offer. If the seller does not accept the offer of the customer within
the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the
the customer is no longer bound by his declaration of intent.
2.4 If the customer selects a payment method offered by PayPal, the payment is
payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the
validity of the PayPal terms and conditions of use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
customer does not have a PayPal account - under the terms and conditions for payments
without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of
a payment method offered by PayPal that can be selected in the online ordering process,
the seller declares the acceptance of the offer of the customer at the time the
the moment the customer clicks the button that concludes the ordering process.
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2.5 If the payment method "Amazon Payments" is selected, the payment shall be processed
via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F.
Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe
Payments Europe user agreement, which can be viewed at
https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as part of the
Amazon Payments" as a method of payment during the online ordering process, he/she gives the
the button concluding the order process, he also issues a payment order to Amazon.
Amazon. In this case, the seller already now declares the acceptance of the offer of the
customer's offer at the time when the customer clicks on the button that completes the
the order process by clicking the button that concludes the order process.
2.6 When submitting an offer via the online order form of the seller, the
the text of the contract is stored by the seller after the conclusion of the contract and the customer
customer in text form (e.g. e-mail, fax or letter) after the order has been sent.
transmitted. A further accessibility of the contract text by the seller does not take place.
the seller does not take place. If the customer before sending his order a
account in the online store of the seller before sending his order, the order data will be archived on the
archived on the website of the seller and can be accessed by the customer through his
password-protected user account by providing the appropriate login data.
free of charge.
2.7 Prior to the binding submission of the order via the online order form of the
possible input errors by carefully reading the information displayed on the screen.
information displayed on the screen. An effective technical means
for better recognition of input errors can be the magnification function of the browser.
browser, with the help of which the display on the screen is enlarged. His
customer can correct his or her entries during the electronic ordering process using the
the usual keyboard and mouse functions until he clicks the button that concludes the order process.
button that concludes the order process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and contacting usually take place via e-mail and
automated order processing. The customer must ensure that the e-mail address
order processing is correct, so that the e-mails sent by the seller are sent to this address.
e-mails sent by the seller can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the
e-mails sent by the Seller or third parties commissioned by the Seller to process the order
by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.10 If the parties have agreed special conditions, these shall not apply in principle
for current and future contractual relationships with the customer.
2.11 In case of economic inability of the customer to fulfill his obligations towards the
Seller, Seller may terminate existing exchange contracts with the Customer by rescinding them
customer by rescission without notice. This shall also apply in the event of an insolvency petition of the
customer. § 321 BGB and § 112 InsO remain unaffected. The customer will inform the seller
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60
inform us in writing at an early stage of any impending insolvency.

3) Prices and Terms of Payment
3.1 Unless otherwise stated in the product description of the seller
the prices stated are net prices which are subject to the statutory value added tax.
statutory value added tax. Packaging and shipping costs, loading,
insurance (in particular transport insurance), customs duties and levies shall be charged
charged separately, if applicable.
3.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases, which shall be borne by the Seller.
costs which the seller is not responsible for and which are to be borne by the customer.
to be borne by the customer. These include, for example, costs for the transfer of funds by
credit institutions (e.g. transfer fees, exchange rate fees) or
import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to
costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the
European Union, but the customer makes the payment from a country outside the European Union.
from a country outside the European Union.
3.3 The customer has various payment options available to him, which are indicated in the
online store of the seller.
3.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the
immediately after conclusion of the contract, unless the parties have agreed on a later due date.
agreed.

3.5 If the payment method "SOFORT" is selected, the payment shall be processed via the
payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT").
"SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the
customer must have an online banking account that has been activated for participation in "SOFORT", must
legitimize himself accordingly during the payment process and submit the
confirm the payment instruction to "SOFORT". The payment transaction is
executed by "SOFORT" immediately afterwards and the customer's bank account is
debited. More detailed information on the payment method "SOFORT" can be obtained by the customer on the Internet at
under https://www.klarna.com/sofort/.
3.6 A payment is considered to be received as soon as the equivalent value has been credited to one of the
Seller's accounts has been credited. In the event of default in payment, the Seller shall be entitled to
shall be entitled to interest on arrears at a rate of 10 percentage points above the respective
base interest rate. The remaining statutory rights of the seller in the event of a
default of payment of the customer remain unaffected. If receivables are overdue, incoming
overdue, incoming payments shall first be set off against any costs and interest, then against the oldest
on the oldest claim.
3.7 Should unforeseeable cost increases occur (e.g.
currency fluctuations, unexpected price increases by suppliers, etc.), the Seller shall be
Seller shall be entitled to pass on the price increase to the Customer. However, this applies
only if the delivery is agreed to be made later than four months after the date of delivery.
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
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contract is to be concluded.
3.8 When selecting a payment method offered via the payment service "Klarna
the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34
Stockholm, Sweden (hereinafter "Klarna"). Further information and the
Klarna terms and conditions can be found in the payment information of the
Seller, which can be viewed at the following Internet address:
https://www.primex-shop.com/de/

4) Delivery and shipping conditions
4.1 The delivery of goods will be made by mail to the delivery address specified by the customer
address provided by the customer, unless otherwise agreed. In the processing of the
transaction is the delivery address specified in the order processing of the seller.
shall be decisive.
4.2 In the case of goods delivered by a forwarding agent, the delivery shall be made "free
curbside", i.e. to the nearest public curb to the delivery address, provided that the
curb, unless otherwise specified in the shipping information in the online store of the
Seller's online shop and unless otherwise agreed.
4.3 The Seller shall be entitled to make partial deliveries if this is reasonable for the Customer.
is reasonable. In the case of permissible partial deliveries, the Seller is also entitled to issue partial invoices.
to issue partial invoices.
4.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper
correct or improper self-delivery, the seller reserves the right to withdraw from the contract. This shall only apply in the
case that the Seller is not responsible for the non-delivery and that the Seller with due care
with due diligence, has concluded a specific hedging transaction with the supplier.
supplier. The seller will make all reasonable efforts to procure the goods.
procure the goods. In the event of the non-availability or only partial availability of the
availability of the goods, the customer will be informed immediately and the consideration will be
refunded.
4.5 The risk of accidental loss and accidental deterioration of the goods sold shall
goods sold shall pass to the customer as soon as the seller has handed over the goods to the
carrier or the person or institution otherwise designated to carry out the shipment.
person or institution responsible for the shipment. This also applies if the seller bears the costs of transport.
of the transport. Transport insurance shall only be taken out at the special request
and for the account of the customer. If the Seller is responsible for installation and assembly
the risk shall pass to the customer upon completion of the assembly and erection work and
handover to the customer.
4.6 In the event that the shipment of the goods to the Customer is delayed for reasons for which the
the customer for reasons for which the customer is responsible, the risk shall pass to the
readiness for dispatch to the customer. The customer shall bear any storage costs incurred after the
transfer of risk shall be borne by the customer.
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60
4.7 In the case of self-collection, the Seller shall first inform the Customer by email
that the goods ordered by him are ready for collection. After receipt of this
e-mail, the customer can pick up the goods after consultation with the seller. In this
In this case, no shipping costs will be charged.

5) Force majeure
In the event of force majeure events that affect the performance of the contract,
the Seller shall be entitled to postpone the delivery for the duration of the impediment
and, in the event of longer delays, to withdraw from the contract in whole or in part without
or in part in the event of longer delays, without any claims against the seller being
can be derived from this. Force majeure shall be deemed to be all events which are
unforeseeable events or events which - even if they were foreseeable - were beyond the
beyond the Seller's control and the effects of which on the performance of the contract could not be
performance of the contract cannot be prevented by reasonable efforts of the seller.
cannot be prevented. Any statutory claims of the Customer shall remain unaffected.

6) Delay in performance at the request of the customer
If shipment or delivery of the goods is delayed at the request of the customer by more than one
month after notification that the goods are ready for dispatch, the customer may be charged storage
month or part thereof, the customer may be charged storage fees in the amount of 0.5 % of the
but not more than a total of 5 % of the purchase price. The proof of a higher or lower
or lower damage shall remain at the discretion of the contracting parties.

7) Retention of Title
7.1 The Seller shall retain the title to the delivered goods until full payment of the
the delivered goods until the purchase price owed has been paid in full. Furthermore, the seller retains
Seller retains title to the delivered goods until all its claims arising from the business relationship with the
from the business relationship with the customer.
7.2 In the event of processing of the delivered goods, the Seller shall be deemed to be the manufacturer and shall
acquires ownership of the newly created goods. If the processing is carried out together
with other materials, the seller shall acquire ownership in the ratio of the invoice
invoice value of his goods to that of the other materials. If in the case of
the Seller's goods are combined or mixed with an item belonging to the customer
customer's item, the co-ownership of the item shall pass to the customer in the ratio of the
of the invoice value of the Seller's goods to the invoice value or, in the absence of an invoice value, the
or, in the absence of such, to the market value of the main item - shall pass to the Seller. The customer shall in
custodian in such cases.
7.3 The Customer may neither pledge nor transfer by way of security any items subject to retention of title or title.
pledge or assign by way of security. The customer may only resell the goods as a reseller
resale in the ordinary course of business subject to the condition that the customer
that the customer effectively assigns to the seller its claims against its customers in connection with the resale.
the resale have been effectively assigned to the seller and that the seller has the
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60
customer transfers ownership to his customer subject to payment. The
customer assigns his claims in connection with such sales against his customers.
against his customers in connection with such sales to the seller, who accepts this assignment at the same time,
who accepts this assignment at the same time.
7.4 The customer shall have access to the goods owned or co-owned by the seller or to the assigned goods.
or to the assigned claims immediately. He has to inform the
the Seller immediately of any amounts assigned to the Seller and collected by him, insofar as the
immediately to the Seller, insofar as the Seller's claim is due.
7.5 If the value of the Seller's security interests exceeds the amount of the secured claims by more than
the amount of the secured claims by more than 10%, the Seller shall, at the Customer's request
release a corresponding portion of the security interests.

8) Liability for defects / warranty
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The following shall apply in derogation thereof:
8.1 Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the
the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable
use, unsuitable operating materials or which arise due to special external influences which are
influences which are not provided for in the contract. If the customer or
improper modifications or repair work carried out by the customer or by third parties
improperly carried out by the customer or by third parties, there shall likewise be no claims for
and the consequences thereof, unless the customer can prove that the defect complained of
defect was not caused by these modifications or repair work.
have been caused.
8.2 In the case of new goods, the period of limitation for claims for defects shall be one year from
delivery of the goods. In the case of used goods, the rights and claims due to defects are
defects are excluded.
8.3 The above-mentioned limitations of liability and shortening of the period of
shortening of the limitation period shall not apply
- to items which have been used in accordance with their customary use for a building and whose defective
and which have caused the defectiveness thereof,
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the Seller has fraudulently concealed the defect, and
- for the right of recourse according to § 445a BGB.
8.4 In the event of subsequent performance, the Seller shall have the right to choose between
repair or replacement.
8.5 If a replacement delivery is made within the scope of liability for defects, the limitation period shall
shall not start anew.
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8.6 If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to
to return the goods first delivered to the seller within 30 days.
The return package must state the reason for the return, the customer's name and the
number assigned for the purchase of the defective goods, which will enable the seller to
the allocation of the returned goods. As long as and insofar as the assignment
the return for reasons for which the customer is responsible is not possible, the
the seller is not obliged to accept returned goods and to repay the purchase price.
not obliged to repay the purchase price. The costs of a new shipment shall be borne by the customer.
8.7 If the seller delivers a defect-free item for the purpose of subsequent performance, the seller may
compensation for use pursuant to § 346 para. 1 BGB (German Civil Code).
make. Other statutory claims shall remain unaffected.
8.8 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the customer shall be subject to the commercial
duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the
regulated duties of notification, the goods shall be deemed to have been approved.

9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and
legal, including tortious claims for damages and reimbursement of expenses as follows
following:
9.1 The Seller shall be liable for any legal reason without limitation
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health, or
health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability such as under the Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, the liability shall be limited to the typical
foreseeable damage typical for the contract, unless liability is unlimited in accordance with the
liability is unlimited in accordance with the preceding paragraph. Material contractual obligations are
obligations which the contract imposes on the Seller according to its content for the achievement of the
purpose of the contract, the fulfillment of which is a prerequisite for the proper execution of the
contract in the first place and on the observance of which the customer may regularly rely.
may rely on.
9.3 Otherwise, any liability of the Seller shall be excluded.
9.4 The foregoing liability provisions shall also apply with respect to the liability of the
Seller for its vicarious agents and legal representatives.

10) Limitation
Claims of the Customer against the Seller shall become statute-barred - with the exception of the claims governed under
under "Liability for Defects / Warranty" - shall become statute-barred within one year after
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knowledge of the facts giving rise to the claim, but no later than five years
after the performance of the service, unless unlimited liability is assumed in accordance with the above
liability pursuant to the foregoing clause.

11) Retention, Assignment
11.1 The customer shall have no right of retention or right to refuse performance unless the
performance are excluded unless the Seller does not contest the underlying counterclaims or they are
counterclaims or these have been legally established.
11.2 Any assignment of claims arising from the contract concluded with the customer by the customer
customer, in particular an assignment of any claims for defects of the customer, is excluded.
claims of the customer shall be excluded.

12) Special conditions for the processing of goods according to certain
specifications of the customer
12.1 If the Seller, according to the content of the contract, in addition to the delivery of the goods
the processing of the goods in accordance with certain specifications of the customer, the customer shall
Seller all content required for the processing, such as texts, images or graphics, in the file
in the file formats, formatting, image and file sizes specified by the Seller.
sizes specified by the seller and to grant him the rights of use required for this purpose.
to grant him the necessary rights of use. The customer alone shall be responsible for the procurement and acquisition of rights to this content.
the customer is solely responsible. The customer declares and assumes responsibility for the fact
that he has the right to use the content provided to the seller. He shall
in particular to ensure that no rights of third parties are infringed,
in particular copyrights, trademark rights and personal rights.
12.2 The Customer shall indemnify the Seller against any claims of third parties which they may
rights through the contractual use of the contents of the customer by the seller.
of the contents of the customer by the seller as stipulated in the contract.
The customer shall also bear the reasonable costs of the necessary legal defense, including all
legal defense including all court and attorney fees in the statutory amount.
legal amount. This shall not apply if the customer is not responsible for the infringement. The
customer is obligated to inform the seller in the event of a claim by third parties
the seller immediately, truthfully and completely all information that is necessary for the
information necessary for the examination of the claims and a defense.
12.3 The Seller reserves the right to reject processing orders if the contents provided by the
content provided by the customer for this purpose violates statutory or official prohibitions or is
violate public morality. This shall apply in particular to the transfer of
anti-constitutional, racist, xenophobic, discriminatory, insulting or
insulting, youth endangering and/or violence glorifying contents.

13) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller owes, in addition to the delivery of the goods, also
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60
the assembly or installation of the goods at the customer's premises as well as, if applicable, corresponding
preparatory measures (e.g. measurement), the following shall apply:
13.1 The Seller shall render its services at its own discretion either in its own person or
by qualified personnel selected by him. In doing so, the Seller may also
services of third parties (subcontractors) acting on its behalf.
Unless otherwise stated in the Seller's description of services, the Customer shall not be entitled to select a specific person.
customer has no right to the selection of a particular person to perform the desired service.
desired service.
13.2 The customer shall provide the seller with the complete and truthful
information required for the provision of the service owed, provided that its
for the provision of the service owed, unless the procurement of such information falls within the scope of the
the scope of duties of the Seller.
13.3 After the conclusion of the contract, the Seller shall contact the Customer in order to
in order to arrange an appointment with the Customer for the service owed. The
Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the
has access to the relevant facilities of the Customer on the agreed date.
13.4 The risk of accidental loss and accidental deterioration of the sold
goods sold shall not pass to the customer until the installation work has been completed and the goods have been
to the customer.

14) Applicable law, place of jurisdiction
14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
Germany shall apply to all legal relations between the parties, to the exclusion of the laws on the international
goods.
14.2 If the customer is acting as a merchant, a legal entity under public law or a special
public law special fund with its registered office within the territory of the Federal Republic of
Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the
the place of business of the Seller. If the customer has its registered office outside the
territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive
exclusive place of jurisdiction for all disputes arising from this contract. The seller
the aforementioned cases, however, is entitled in any case to call upon the court at the
customer's place of business.
Copyright © 2020, IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 Munich, Germany
Tel: +49 (0)89 / 130 1433 - 0- Fax: +49 (0)89 / 130 1433 - 60

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