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GTC - General Terms and Conditions of the PM Atemschutz Online Shop

1. Area of application
1.1 The following terms and conditions (hereinafter referred to as ‘GTC’) of PM Atemschutz GmbH (hereinafter referred to as ‘seller’) apply to all contracts for the sale of goods and services that are concluded between a consumer or entrepreneur (hereinafter referred to as ‘customer’) and the seller with regard to the goods displayed in the seller's online shop. Deviating agreements and collateral agreements must be made in writing. We shall not be bound by any other terms and conditions of purchase or business of our business partners, even if we do not expressly object to them.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2. Contractual partner, Conclusion of contract
The purchase contract is concluded with PM Atemschutz GmbH.
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2.2 You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
2.3 Our offers are non-binding with regard to price, quantity, delivery time and delivery options. A contract is only concluded when we confirm incoming orders in writing or when we deliver the ordered goods.
2.4 Before submitting a binding order via the Seller's online order form, the Customer has the opportunity to recognise any input errors by carefully reading the information displayed on the screen. An effective technical aid for better recognition of input errors can be the browser's magnification function, which can be used to enlarge the screen display. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that finalises the ordering process.
2.5 Orders are generally processed and contact is made by e-mail and via automated order processing systems. The customer is responsible for ensuring that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with order processing can be delivered even if SPAM filters are used.
2.6 Orders are generally processed and contact is made by e-mail and via automated order processing systems. The customer is responsible for ensuring that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with order processing can be delivered even if SPAM filters are used.
3. Right of cancellation
3.1 In principle, consumers within the EU have a right of cancellation.
3.2 Detailed information on the right of cancellation can be found in our cancellation policy.
3.3 The right of cancellation does not apply to consumers who are neither resident in a member state of the European Union at the time the contract is concluded nor have their sole place of residence or delivery address within the European Union at the time the contract is concluded.
4. Contract language, Contract text storage

The language available for the conclusion of the contract is German. We save the text of the contract and send you the order data by e-mail. 

For security reasons, the text of the contract is no longer accessible via the Internet. You can access the GTCs at any time at 

 www.pm-atemschutzshop.de/Service-u.-Hilfe/Information/AGB/ .

5. Prices and Terms of Payment
5.1 Our prices are subject to change. The prices charged are those valid on the day of delivery. Our prices are ex works or ex warehouse. Our invoices are based on the costs for material, wages, import, packaging, transport and insurance as well as exchange rates valid at the time of the order.
The following payment methods are available in our shop:
5.2 Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
5.3 PayPal Plus 
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If the customer chooses a payment method that is offered via the ‘PayPal’ payment service, the payment is processed via PayPal. PayPal may also use the services of third party payment service providers. If the seller offers payment methods via PayPal for which he makes advance payments (e.g. purchase on account or payment by instalments), he assigns his claim with regard to these payment methods to PayPal or to the payment service provider commissioned by PayPal and named to the customer. Before the seller accepts the customer's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. If the result of the check is negative, the seller reserves the right to refuse the customer the selected payment method. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make his payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. Despite the assignment of claims, the seller remains responsible for general customer enquiries, such as questions about the goods, delivery time, dispatch, returns, complaints, cancellations and credit notes.
If you have selected the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to be able to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the order process.
If you have selected the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after you have been legitimised as the legitimate cardholder, and your card will be debited. You will receive further instructions during the order process.
If you have selected the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further information during the order process.
If you have selected the invoice payment method, you do not need to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only make payment to PayPal with debt-discharging effect. In addition to our General Terms and Conditions, PayPal's General Terms and Conditions and Privacy Policy apply to payment processing via PayPal. Further information and PayPal's full terms and conditions for purchase on account can be found at
 hier: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE. 
5.4 Cash or card payment on collection
You pay the invoice amount in cash or by EC card on collection.
5.5 PM Purchase on account
If the customer chooses the payment method PM Invoice Purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method PM invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In such a case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop. In addition, the seller reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.
 6. Terms of delivery
6.1 Delivery dates are non-binding.

6.2 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. 

 6.3 Partial deliveries and production-related excess or short deliveries to a reasonable extent are permitted. In the case of firmly agreed delivery dates (written confirmation by us), the deadline shall be deemed to have been met if the goods have left our warehouse/works by the end of the deadline. Delivery dates shall be extended accordingly if our business partner is in default. In the event of our own delay, we must be granted a reasonable period of grace. After fruitless expiry, our business partner may withdraw from the contract. Claims for damages due to non-fulfilment or delayed fulfilment are excluded. This shall not apply in cases of wilful intent or gross negligence.

6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. 

 6.5 Orders with the ‘collection’ shipping method can be collected from our specified address within the specified business hours. In this case, no shipping costs will be charged. You generally have the option of collecting the goods from PM Atemschutz GmbH, Im Abtsfeld 6, 41066 Mönchengladbach (only by prior arrangement!) during the business hours stated below: Mon - Thu 08:00-16:30 I Friday: 08.00 - 14.00 6.6 

You can find out the shipping costs here.

7. Retention of title

The goods shall remain our property until full payment has been made. For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8.  Force Majeure
Events of force majeure affecting us or our suppliers shall entitle us to suspend deliveries for the duration and extent of the hindrance or, at our discretion, to withdraw from the contract in whole or in part by notifying the buyer to the exclusion of any claims, insofar as this is legally permissible. Force majeure shall include, in particular, strikes in our factories or those of our suppliers and the companies (freight forwarders, carriers) on whose co-operation we are dependent, import embargoes, transport disruptions, fire damage, pandemics, etc.
9. Information; Personal Advice

All verbal and written information about the suitability and possible applications of our goods is given to the best of our knowledge. The customer is not released from the obligation to convince himself of the suitability of the goods for his intended use by carrying out his own tests.

10. Liability for defects, complaints, returns

Notices of defects or complaints must be submitted to us in writing without delay, at the latest within 7 working days of receipt of the goods. We will take back defective goods that have been notified in good time and for which a material or manufacturing defect can be proven beyond doubt and replace them with faultless goods. We shall be liable for replacement deliveries to the same extent as for the first delivery. Other claims, in particular claims for compensation for indirect damage, are excluded in all cases. This shall not apply in cases of intent or gross negligence. Return deliveries must always be made carriage paid or will be arranged by us after prior agreement. Unpaid consignments will be returned to the sender. Goods will only be taken back by prior agreement less a 17.5 % restocking fee. The return of potentially contaminated goods is generally excluded. Non-compliance will result in the goods being returned to the sender at the sender's expense. Any costs incurred due to the return of contaminated goods (e.g. for the removal of operational contamination) will be charged to the sender in full.

11. Product images and illustrations

The product images shown are for reference only, the actual product may differ. For illustrative purposes and to explain the mode of operation, additional product images may be used to clarify the mode of operation and handling of the products. Please refer to the item description for the scope of delivery.

12. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

13. Warranty and guarantees

13.1. Unless expressly agreed otherwise below, the statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods: 

For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. 

 For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; in the case of used goods, the rights and claims for defects are excluded; the limitation period does not begin again if a replacement delivery is made as part of the liability for defects; the statutory limitation periods for the right of recourse in accordance with § 478 BGB remain unaffected. 

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

13.2 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved. 

 13.3 You can reach our customer service for questions, complaints and objections Monday to Thursday from 08:00 - 16:30 and Friday from 08:00 - 14:30 on the telephone number 02161/402900 and by e-mail at info@pm-atemschutz.de

14. Dispute resolution  

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

15. Place of fulfilment, place of jurisdiction, choice of law, partial invalidity  

The place of performance and jurisdiction for all disputes - including actions on bills of exchange and cheques - is Mönchengladbach. We are entitled to sue the business partner or other debtor at the court responsible for his registered office. The business relationship shall otherwise be governed by German law. The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions.

16. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

17. General data protection information  

You can find our general data protection information in accordance with Article 13 GDPR on the processing of your data at: www.pm-atemschutz.de/datenschutzerklaerung_pm/





Right of cancellation for consumers
Cancellation policy Right of cancellation:
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession).
You have the right to cancel this contract within fourteen 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, have taken possession of the goods. To exercise the right to cancel, you must inform us (PM Atemschutz GmbH, Im Abtsfeld 6, 41066 Mönchengladbach, Telephone number: 02161 / 402900; Fax number: 02161 / 4029020, E-Mail address: info@pm-atemschutz.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). 
You can use the attached sample cancellation form, but this is not mandatory. You can also fill out the sample cancellation form or another clear declaration electronically on our website (https://www.pm-atemschutzshop.de/wp-content/uploads/2018/07/Muster-Widerrufsformular.pdf) and send it to us by email. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). 
 To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires. * The cancellation period is shortened to 7 days in the case of exceptional circumstances. An exceptional circumstance may be, for example, force majeure (e.g. a pandemic). Consequences of cancellation If you cancel this contract, we must refund all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days of the day on which we receive 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 expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct 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 for checking their condition, properties and functionality. 
 Our sample cancellation form is available for download as a PDF version at the following link: http://www.pm-atemschutz.de/wp-content/uploads/2018/05/Muster-Widerruf_PM-Atemschutz.pdf 
 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG: 
 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.