A. Terms and Conditions
1. Validity of the terms and conditions
1.1 All contracts and legal declarations are made exclusively under the following conditions of sale and delivery. 1.2 We hereby contradict any deviating conditions of our customers. These only bind us if we have recognized them in writing. The same applies to agreements, in particular verbal side agreements and assurances, which also only become binding after our written confirmation.
2. Conclusion of the contract
2.1 Our offers are always non-binding. 2.2 The documents belonging to the offer as well as information in advertising materials are not assured properties unless they are expressly designated as such in writing. 2.3 Customer orders are accepted either through an order confirmation or through delivery. Only the content of the order confirmation is decisive for the contractual scope of delivery and service, in the absence of such, the delivery note and the invoice.
3. Right of withdrawal / right of return and consequences of withdrawal / return for consumer contracts
If the customer is a consumer within the meaning of § 13 BGB, the following applies: 3.1 The customer can revoke his contract declaration within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods . Only in the case of goods that cannot be sent as parcels (e.g. bulky goods) can the customer declare the return by requesting them to be returned in writing. In this case, we will collect the goods from the customer. 3.2 The period begins at the earliest with the receipt of the goods and this instruction. To meet the cancellation deadline, it is sufficient to send the cancellation, the goods or the return request in good time. Revocation and return requests must be sent to Provilan Verwaltungsgesellschaft mbH, Humboldtweg 5 D, DE-31535 Neustadt. Return shipping must be sent to Provilan Group, Im Buchenkamp 13, 31319 Sehnde. 3.3 The return is at the risk of the customer. We will reimburse the costs for returning the goods. However, our obligation to bear the costs does not apply in the event that the order value of the goods does not exceed a total of EUR 40.00. With a total order value of the goods of up to 40.00 EUR, the customer has to bear the costs and risks of the return. 3.4 In the event of an effective cancellation or the return of the goods, the services received by both parties must be returned and any benefits (e.g. benefits of use) surrendered. In case of deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is solely due to their inspection - as it would have been possible for the customer in a shop, for example. In addition, the customer can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects their value.
4. Prices and terms of payment
4.1 Orders are executed at the current prices, exchange rates, import and export conditions on the day of delivery. 4.2 We quote all product prices in euros. 4.3 Unless otherwise agreed in writing, invoices are payable immediately. If delivery is made on an open invoice, we are entitled, in the absence of any other agreement, to charge 1% of the invoice amount in default interest per month for the period from the due date to receipt of payment. 4.4 If the customer does not meet his payment obligation or partial payment obligation or if compensation or bankruptcy is opened for his assets, the entire remaining debt becomes due. If this remaining debt is not paid immediately, we are entitled to demand the surrender of the object of purchase, excluding any rights of retention. 4.5 The due date of the contractually stipulated remuneration is not postponed by asserting asserted guarantee, warranty, compensation, product liability or other claims. In particular, the customer has no right to withhold the goods, withhold payment or offset against such claims. Claims from other business cases can only be offset against our claims after they have been legally established or in the case of our acknowledgment.
5. Delivery times
5.1 Information on delivery times is approximate and non-binding. 5.2 Delivery periods and dates are met if the delivery item has left our company by the time they have expired. 5.3 Our delivery obligation is suspended as long as the customer is in default with a due payment, including from other obligations towards us. Our delivery obligation is suspended as long as we are prevented from delivering for circumstances for which we are not exclusively responsible. We will inform the customer of such circumstances immediately. 5.4 A delivery delay is only present if a reasonable grace period has been set in writing. The customer is only entitled to withdraw from the contract after this grace period has elapsed without success, despite the existing delivery period. 5.5 Customer claims against us due to damage or consequences of delay are completely excluded.
6. Dispatch in the case of a contract with a customer who is not a consumer
6.1 Shipping is carriage forward to the delivery address specified by the customer. All costs incurred in connection with the delivery are to be borne by the customer alone. 6.2 The goods are dispatched at the risk of the recipient. The risk of accidental loss and accidental deterioration is transferred to the customer as soon as the goods have been handed over to the customer or the person carrying out the transport or have left our company for the purpose of dispatch.
7. Dispatch in the case of consumer contracts
If the customer is a consumer within the meaning of § 13 BGB, the following applies: 7.1 Shipping is carriage forward to the delivery address given by the customer. All costs incurred in connection with the delivery are to be borne by the customer alone. 7.2 The goods are dispatched at our risk. The risk is only transferred to the customer when the goods arrive.
8. Warranty, Compensation, Product Liability
8.1 The goods delivered are to be checked with the necessary care immediately upon delivery and any defects that can be detected are to be reported to us in writing without delay, otherwise excluding any claims, in particular claims for damages. 8.2 As long as the customer does not give us the opportunity to convince ourselves of the reported defects, in particular if he does not provide the goods / samples complained about on request, he cannot invoke defects in the goods. 8.3 If the delivered goods are defective or if faults appear within the warranty period, the customer is entitled to free rework or replacement delivery. The execution of warranty work does not extend the warranty period. 8.4 The customer is obliged to observe all application instructions given to him and to obtain our opinion in case of doubt. The warranty claim expires in any case due to unauthorized interference with the objects of sale. 8.5 There is no other or further claim, in particular to a reduction in the remuneration, on whatever legal basis, unless this is separately agreed with us. 8.6 Unless otherwise stipulated in these terms and conditions, we are only liable for damages from contractual or non-contractual obligations as well as for direct consequential damage if we or our vicarious agents can be accused of gross negligence or intent.
9.1. The customer is only entitled to return the delivered goods with our written consent and under the conditions we have specified in individual cases. In any case, the return must be carriage paid and without cash on delivery at the risk and expense of the customer.
10. Right of withdrawal
10.1 The creditworthiness of the customer is a necessary prerequisite for every delivery, provided that delivery is made on open account. 10.2 If, after the conclusion of the contract, we become aware of negative information about the customer's financial position, we are entitled, at our discretion, to either demand immediate payment or bank security for the total fee or to withdraw from the contract.
11. Retention of title
11.1 All purchased items remain our property until all obligations of the customer to us have been fully covered, for whatever reason they may have arisen. If the customer pays by check or bill of exchange, the liability is only considered covered when these papers have been redeemed. 11.2 Goods that have not been fully paid for may not be resold, pledged or used as security. We must be informed immediately of any seizure. If, contrary to the prohibition, goods are sold by the customer, our retention of title extends to the customer's claim resulting from this sale. The customer's claim against the third party is deemed to be irrevocably assigned to us immediately after it arises, and the customer is obliged to notify his customers of any extended retention of title upon request.
12. Sales to third parties, abroad
12.1. The customer receives the Provilan products exclusively for personal consumption. 12.2 Provilan products may at no time be delivered or sold abroad by the customer. Should the customer behave contrary to his obligations and deliver or sell Provilan products abroad, he is fully liable to Provilan Verwaltungsgesellschaft mbH and Provilan Deutschland GmbH & Co. KG for the damage incurred.
13. Sales to third parties, Internet
13.1. The customer receives the Provilan products exclusively for personal consumption. 13.2. Trading on the Internet, auctioning and offering Provilan products on eBay, amazon, google, Facebook or any similar company is prohibited. Likewise, offering Provilan products on other public sales portals, platforms or levels. Should the customer behave contrary to his obligations and offer or sell Provilan products on the Internet for sale, he is fully liable to Provilan Verwaltungsgesellschaft mbH and Provilan Deutschland GmbH & Co. KG for the damage incurred.
14. Applicable law, place of performance and place of jurisdiction
14.1 German law applies exclusively. No regulations based on international sales law agreements apply. 14.2 The place of fulfillment and exclusive place of jurisdiction, also in the case of lawsuits in the document, bill of exchange and check process, is for both parties and for all current and future claims if the customer is a registered trader, a legal entity under public law or a special fund under public law the business relationship is the seat of Provilan Verwaltungsgesellschaft mbH, Humboldweg 5 D, DE-31535 Neustadt am Rübenberge. The Provilan Verwaltungsgesellschaft mbH. can also sue at the customer's general place of jurisdiction.
15. Binding nature of the general terms and conditions
If one of the above conditions is invalid for any reason, this shall not affect the validity of the remaining provisions.
16. Data protection notice
We would like to point out to our customers that, in accordance with our separate data protection declaration, we process and pass on your personal data using electronic data processing in accordance with the provisions of the Federal Data Protection Act and the GDPR. In this context, certain data (name, address, billing data and late payments by the customer) can also be transmitted to debt collection companies and credit agencies.
Provilan Verwaltungsgesellschaft mbH | Execution 06.2021
B. Cancellation Policy
Right of withdrawal
Customers who are consumers in the sense of § 13 BGB have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Provilan Verwaltungsgesellschaft mbH
Humboldtweg 5 D
DE-31535 Neustadt am Rübenberge
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the enclosed sample cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
1) Please avoid damaging and contaminating the goods. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
C. Withdrawal form
If you want to cancel the contract, please fill out this form and send it back. At
Provilan Verwaltungsgesellschaft mbH
Humboldtweg 5 D, DE-31535 Neustadt
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) _______________________ / received at (*) _____________________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only when notified on paper)
(*) Cross out inapplicable
Provilan Vewaltungsgesellschaft mbH
Humboldtweg 5D, DE-31535 Neustadt am Rüberberge
District Court Hannover HRB 220938
Managing directors: W. Kronisch
VAT ID no: DExxxxxxxxx