1. Scope
These General Terms and Conditions apply to all orders placed via the online shop at prosatDE.de by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that predominantly lie outside their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
For entrepreneurs, these Terms also apply to future business transactions without the need for repeated reference. Conflicting or supplementary terms used by the entrepreneur are hereby rejected and shall only become part of the contract if expressly agreed.
2. Contracting Party & Conclusion of Contract
The purchase contract is concluded with prosatDE.de
The presentation of products in the online shop is not a legally binding offer but a non-binding online product catalogue. You may place items in your cart and modify entries at any time before submitting your order. By clicking the order button, you submit a binding offer for the items in your cart. Receipt of your order is confirmed immediately by e-mail.
The purchase contract is concluded when we send the shipping confirmation e-mail.
For certain payment methods (e.g., Credit Card, PayPal, Installment Purchase), acceptance may occur upon shipment of goods or by separate confirmation e-mail within two days, depending on the method selected. For prepayment, acceptance occurs when we send confirmation including our bank details.
For payments via PayPal, Amazon Pay, SOFORT, paydirekt, and PayPal Plus services, the contract is concluded when the respective payment transaction is initiated according to the instructions provided during checkout.
For cash payment on collection, acceptance occurs via separate e-mail confirmation within two days.
3. Contract Language & Storage of Terms
The contract languages are German and English.
The contract text is not stored by us.
4. Delivery Conditions
Product prices shown do not include shipping costs. Applicable shipping costs are displayed during checkout.
5. Payment
We offer various payment options, including prepayment, credit card, PayPal and PayPal Plus services, SOFORT, paydirekt, Amazon Pay, installment purchase (via PayPal), and cash payment upon collection. Payment handling and processes follow the respective provider terms as described during checkout. Additional identity, credit, or authorization checks may apply depending on the payment method.
6. Retention of Title
The goods remain our property until full payment has been received.
For entrepreneurs, retention of title applies until all claims arising from the business relationship have been settled. Claims from resale of reserved goods are assigned to us in advance up to invoice value.
7. Transport Damage
For consumers: Please report any obvious transport damage to the delivery agent immediately and notify us as soon as possible. Failure to do so does not affect your statutory rights but assists us in asserting claims against carriers or insurers.
For entrepreneurs: Risk passes upon handover to the carrier. The inspection and notification obligations under § 377 HGB apply.
8. Warranty & Guarantees
Statutory warranty rights apply unless otherwise stated. For consumers, claims for defects in used goods expire one year after delivery. For entrepreneurs, the limitation period is one year from transfer of risk, subject to statutory recourse rights.
For entrepreneurs, agreed product characteristics are limited to our descriptions and manufacturer specifications included in the contract. In the event of defects, supplementary performance will be provided at our discretion by repair or replacement.
Limitation reductions do not apply in cases of injury to life, body, or health, intent or gross negligence, breach of essential contractual obligations, granted guarantees, or liability under the Product Liability Act.
Details on any additional guarantees are provided with the respective product.
9. Liability
We are fully liable for damages resulting from injury to life, body, or health, intent or gross negligence, guarantee commitments, and claims under the Product Liability Act.
For slightly negligent breaches of essential contractual obligations, liability is limited to foreseeable, typically occurring damage. Otherwise, claims for damages are excluded.
10. Dispute Resolution
The EU Commission provides an Online Dispute Resolution platform.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Youth Protection
Where orders contain age-restricted products, delivery will only be made following a verified age and identity check. Delivery takes place exclusively to the purchasing individual after successful verification.
12. Final Provisions
For entrepreneurs, German law applies to the exclusion of the UN Convention on the International Sale of Goods (CISG). The exclusive place of jurisdiction for business customers, public law entities, and special public funds is our registered office.
