1. General Terms
The following terms and conditions are applicable for all business transactions between PST - Pool & Snooker-Tools Company and the customer. PST - Pool & Snooker-Tools will not accept any diverging terms on part of customer unless these were agreed upon in written form prior to the transaction.
2. Order/Conclusion of Contract
The offers of PST - Pool & Snooker-Tools shall bear no binding obligations for the customer to give orders for any products. The customer presents a binding obligation to conclude a purchasing contract by giving an order for the wished products by means of Internet, eMail, fax, telephone or by writing, in which case the name of the holder of an one-man company and the name of a managing director of the company with limited responsibility (Ltd.) as well as the exact address of the customer, consisting of place of living, postal code, street and the house number have to be mentioned in the content of the given order. PST - Pool & Snooker-Tools Company is authorized to accept the given order within 14 calendar days by sending an order confirmation. This order confirmation shall be established by sending an eMail. In case the valid period of time has already elapsed, the offer shall not be valid any longer and be void. All the products may be delivered according to only the represented designs and packages. We keep us the right for any amendments, specially if they depend on technical advances, as well as for any amendments relating to the color and design offered in catalogues. Specific producing shall be offered for our prod¬ucts by only considering the inquiry made. By publishing the new price lists all the previous price lists, offers and prospects shall be invalid.
Delivery will be paid for by the customer and carried out by Deutsche Post AG (DHL). The order will be processed as promptly as possible. National delivery usually takes 1-3 days. Worldwide delivery is also possible and takes 5-20 working days as a rule.
4. Damage in transit
Visible damage of received goods or defective items have to be be noted and reported immediately to the freight carrier and the receipt shall be declined. Additionally, the customer has to make contact with PST - Pool & Snooker-Tools Company about this matter as soon as possible. Hidden damage has to be indicated to us immediately after recovery. The legal statute of limitations periods for liability shall remain unaffected by this.
6.Right of revocation
a) As a consumer only within the meaning of section 13 of the German Civil Code (BGB), the buyer has a right to revoke his declaration of intention to enter into the contract. The revocation does not have to contain any grounds and must be declared to PST - Pool & Snooker-Tools within two weeks in text form (e.g. letter, fax, E-Mail) or by return of the merchandise. The timely despatch of the revocation or the merchandise shall be deemed sufficient for compliance with the revocation term. In the case of a written revocation, the customer shall be obligated to ship back already recieved merchandise to PST - Pool & Snooker-Tools Company. The merchandise is returned at the expense and risk of the customer, unless the delivered merchandise is not correspond to that ordered.
b) If the customer is only able to return the merchandise received in a deteriorated condition, the customer shall be obligated to pay compensation for the loss in value. This shall also apply to deterioration resulting from proper use of the merchandise or return shipment without original packaging. Please therefore preserve the original packing and only use the merchandise when you decide not to make use of your right of revocation. If the customer used the merchadnise prior to the act of revocation, PST - Pool & Snooker-Tools Company may demand compensation from the customer. There is no duty to compensate if the customer simply examines the merchandise and makes no other use thereof.
c) A right of revocation in the sense of the above does not exist in the following cases: In the case of merchandise which was produced in accordance with customers' specifications or was clearly tailored to personal needs, or which by its nature is not suitable for return shipment; for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed; in other cases of § 312 d (4) BGB (German Civil Code).
All mentioned prices are final prices and include the legal value added tax, because as a small enterpriser i. S.d. §19, UStG I am not entitled to raise and expel sales tax. All the indicated prices are prices plus packaging and delivery costs, which shall be calculated and represented based on the desired type of transportation. Cash discount deductions and rebates will be granted only upon special agreement. Special offers are valid as long the supply are enough.
7. Reservation of proprietary rights
All of our delivered goods shall stand in our property until the complete payment has been implemented and the goods are not to be resold on a third person, mortgaged or transferred. All the delivered goods shall be standing under extensive and prolonged ownership right.
Customer's claims in connection with defects against PST - Pool & Snooker-Tools Company comply with legal regulations within the legal periods, as far as as a result of following regulations no deviations arise. Should the customer not be the user of the goods, so he shall be obligated to report the obvious defects and shortages, in order to receive the due guarantees within a week after having received the goods. The guarantee rights shall expire if, despite existing an obvious defect, the goods are used. PST - Pool & Snooker-Tools Company reserves the right to inspect any complaints itself. Hereto, the customer shall send the merchandise along with a deficiency report via post-paid mail to PST - Pool & Snooker-Tools Company. Should the inspection show that there is really existing a reported defect or shortage, the corresponding transport costs shall be refunded. If the customer is a registered trader and the ordered deliverable for its business establishment, the claims expiry starts, in the case of a failure, one year from receipting the good.
9. Limitation of liability
a) For any loss or damage other than that resulting from death, physical injury and damage to health, PST - Pool & Snooker-Tools Company shall only be liable to the extent that this loss or damage is caused deliberately or by gross negligence of responsibility by PST - Pool & Snooker-Tools Company as well as its legal representatives or assistants (e.g. delivery service). Liability for compensation for damages beyond these terms shall be excluded. The provisions of product liability law remain unaffected.
b)If an essential contractual obligation is infringed by negligence, the liability of PST - Pool & Snooker-Tools Company
is limited to the foreseeable damage.
c)The data communication via the Internet cannot be guaranteed - according to the actual state of technology - error-free and /or with access at any time. Company PST - Pool & Snooker-Tools is neither liable for the constant and continuous availability of the online-shop nor for technical or electronical errors during a business transaction on which PST - Pool & Snooker-Tools Company does not have influence, especially not for the delayed handling or acceptance of offers.
10. Data Protection
The customer is instructed by PST - Pool & Snooker-Tools Company that the data collected in the course of entering into the contract may be collected, processed and used by PST - Pool & Snooker-Tools Company in accordance with the provisions of the BDSG (German Federal Data Protection Act) and the TDDSG (Teleservices Data Protection Act) to accomplish the obligations of the Purchasing Contract.
11. Place of jurisdiction, Place of fulfilment
The place of jurisdiction for all disputes arising indirectly or directly from this contractual relationship is Montabaur, provided that the customer is a merchant
within the meaning of the German Commercial Code. For all disputes arising from this contractual relationship, German law governs, no matter the place of jurisdiction. The purchaser recognises these terms by placing his order. Sole Place of fulfilment is 57555 Mudersbach, Germany.
Should one or more provisions in these Terms and Conditions be invalid or should this be the case in the future, this has no effect on the validity of the remaining provisions. An invalid provision will, in the form of a supplementary interpretation of the contract, be replaced with a provision which comes as close as possible. If the customer is a merchant within the meaning of the German Commercial Code, or has no general place of jurisdiction within the Federal Republic of Germany, or if the customer moves his or her domicile or habitual residence outside Germany after conclusion of contract, or if his or her domicile or habitual residence is unknown at the time of legal action being filed, Mudersbach shall be the exclusive legal venue for all disputes arising directly or indirectly from this contractual relationship. The UN purchase law is excluded, German law governs.
General Terms and Conditions