TERMS OF BUSINESS
§1 Area of validity
The following Terms and Conditions apply to all contracts between Petasos Coins ("Seller") and any private person or business venture ("Customer", "Buyer", "Purchaser", "Customer"), even if, for future business transactions, they are not explicitly referred to or the client uses other terms and conditions. Such other terms and conditions will only be accepted if they have been explicitly confirmed by us.
To register you must complete and provide the information under the Registration Section. You warrant that the particulars given to us are true and correct and that you have not been induced in any way to register on this site. Eligible to participate are only persons or entities with full legal capacity and for private persons at least 18 years old. Petasos Coins reserves the right to require the additional confirmation of identity.
The registration is free of charge and implies no further obligations. Registered users may delete their personal profile at any time, with the consequence that they can no longer use password-protected areas.
During the registration process you will be required to choose a user identity and password. Keep your password private and confidential to prevent unauthorised use. Petasos Coins will not be liable to you for any loss or damage arising from your failure to keep your password confidential or for any unauthorised use prior to you notifying us in writing that your password has become known to any other person. Should you forget or lose your password, please contact Petasos Coins directly. If your personally identifiable information changes, you are responsible for updating of your data.
§3 Data protection
We will collect, process, and store all personal data disclosed by you (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card numbers) exclusively in accordance with the provisions of the German Data Protection Act.
Your personal data, to the extent that it is necessary for the justification, development, or modification of the contractual relationship (inventory data), will be used exclusively to process the sales contracts concluded between us, e.g. for delivery of merchandise to the address given by you. Further use of your inventory data for purposes of advertisement, market research, or tailoring our offers requires your express consent.
Your personal data, which is needed to facilitate exploitation of and billing for our offers (user data), will also be used exclusively to process the sales contracts concluded between us, for the time being. Such user data particularly encompasses attributes of your identification as a user, information on the beginning, end, and extent of the user session, and information on the telecommunications media you call upon as a user.
If you desire additional information or wish to retrieve or revoke your expressly given consent to the use of your inventory data or wish to dissent to the use of your user data, you may contact us by using the information in "Contact Us" or "Legal Note".
§4 Entering into contract
The presentation of our merchandise does not constitute a binding offer. An offer is only binding pursuant to § 145 BGB (German Civil Code) once you have ordered the merchandise. If this offer is accepted, we will send you an order confirmation by e-mail.
The order is placed when you add the items to your shopping basket and click the “Continue” and “Buy” buttons. You must check the information for errors before clicking “Buy”. You can view the contents of the shopping basket by clicking on the shopping basket icon. By clicking the “Delete” button on the shopping basket page, you can remove individual items from the shopping basket.
The Seller can accept the offer of the Client by a written (letter) or electronically transmitted (per fax or e-mail) confirmation. Acceptance can also be implicitly declared through the delivery of the ordered goods to the customer within the normal shipping times. The seller is entitled to refuse the acceptance of the order.
The order processing and establishing contact takes place, as a rule, per e-mail and automatic order processing. The Customer has to make sure that the e-mail adress which has been entered by him for the purpose of order processing is valid, so that the e-mails sent by the seller can be received via this address. In particular, the Client must make sure in the use of SPAM filters that all e-mails sent by the Seller or by the third parties hired by him for processing the orders can be delivered.
§5 Prices and terms of payment
Prices are in Euros excluding shipping and insurance charges which are stated in the checkout process and in the description under "Shipment".
Following terms of payment are available: advance payment by bank transfer, advance payment payment service provider through PayPal.
The prices quoted by the Seller are end prices. Value added tax is not accountable due to §25a UStG (German VAT Act). Any eventual additional delivery and shipping costs are provided separately in the offer in the respective product presentation or result from the respective information in "Shipping".
In the case of deliveries to countries outside of the European Union, additional costs may arise which are payable by Customer and for which the Seller bears no responsibility. Such costs are: costs resulting from money transfer (bank charges, currency conversion charges) or from import charges and taxes (e.g. customs duties).
In case payment in advance is agreed upon, such payment shall be due immediately after the conclusion of contract.
All items are subject to prior sale.
§6 Delivery and shipping terms
The delivery of merchandise is effected regularly on the dispatch route and to the delivery address indicated by the customer. During the processing of the transaction, the delivery address indicated in the order processing of the seller is authoritative.
If a delivery to the customer is not possible, the company charged with the delivery will send the merchandise back to the vendor, whereby the customer has to bear the cost for the unsuccessful delivery. This is not applicable if the customer was prevented to be present to receive the offered service, except if the vendor has specified the time of the delivery in advance and in due time.
The delivery is fulfilled with the company charged with the delivery marking the shipment as delivered. The Seller does not bear any responsibility for the security of the shipment after the delivery was completed - i.e. house, flat or mailbox of the reciepient.
§7 Retention of title
The merchandise supplied by us remains our property until full payment.
§8 Offsetting prohibition and rights of retention
Any offsetting by Customer is admissible only if Customer's counter-claim is defined by final enforceable judgment, ready for decision or uncontested.
The same applies so far to a legal right of retention insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. Otherwise the customer shall only be entitled to practice a retention, if his counterclaim is based on the same contract relationship.
§9 Right of Revocation, Instruction of Revocation, Return of Products
As a buyer you are entitled to 14-days right of revocation.
Instruction of Revocation
Right of Revocation for Consumers
If the Buyer, is a Consumers (that is every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession) he may revoke the order within a revocation period of 14 days indicating his will of revocation in written form (e.g. letter, fax, e-mail). The time limit commences on receipt of this instruction in text form, but not prior to the date of receipt of the merchandise by the receiver (in event of recurring shipments of identical goods not prior to the date of receipt of the first partial delivery) and also not prior to completion of our duties to inform pursuant to Article 246 § 2 in conjunction with Section 1 (1) and 2 Introductory Act to the Civil Code (EGBGB) as well as our duties pursuant to Section 312e (1)1 Civil Code (BGB) in conjunction with Article 246 Section 3 Introductory Act to the Civil Code (EGBGB). To comply with the time limit dispatch of the revocation declaration or the return shipment in good time is sufficient. The revocation has to be sent to:
Consequences of Revocation
In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest. If the Buyer cannot return the goods received in whole or in part, or if the Purchaser can only return the received goods in a deteriorated state, the Seller can refuse to accept the revocation of the Purchaser. Goods that can be sent by parcel are to be returned on the same way regarding the transport insurance and security of packaging as received by Buyer. The Purchaser bears the costs of return. The return shipment is free of charge for the Purchaser when requirements of §10 are met. Obligatory refunds of payments must be made within 30 days after sending the revocation or returning the goods. The period of time begins for the Purchaser at the date of sending the revocation or returning of goods, for the vendor at the date of their receipt.
Exclusion of the Right of Revocation
The right of revocation does not apply in the case of distance contracts whose subject matter consists of the supply of goods or the rendering of financial services, whose price is subject to fluctuations on the financial markets, upon which the Seller has no influence and when these fluctuations can occur during the withdrawal period.
End of Revocation Instruction
If the delivered merchandise is defective, legal provisions authorise you to demand supplementary performance, withdraw from the contract, or abate the purchase price.
As the merchandise concerned are second-hand goods, our warranty is limited to the authenticity of the item and his condition being in accordance with the pictures and description in the online shop. The individual interpretation of some characteristics of description such as grading and subjective aesthetic perceptions of Customer do not establish any warranty claim.
The Seller guarantees unconditionally and for unlimited period of time the authenticity of the purchased items according to the description. The statutory warranty regulations applicable to second-hand goods are valid in addition to our extended lifetime guarantee of authenticity.
§11 Limitation of liability
We assume liability for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the performance of which first make the proper performance of the contract possible to begin with, the breach of which places the achieving of the contract purpose at risk and the observance of which you as a customer generally rely upon. In the last named case, we shall be liable however only for the foreseeable damages typical for this type of contract. We shall not be liable for ordinary negligent breach of obligations other than those named in the afore-mentioned sentences.
The afore-mentioned limitation of liability shall not apply with death, injury to body and health. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
Insofar as our liability for damages is precluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, co-workers, representatives and vicarious agents.
§12 Application of German law
The laws of the Federal Republic of Germany shall be applied without collision or reference norms applicable in Private International Law under exclusion of the UN-Convention on Contract for the International Sale of Goods (CISG). Mandatory provisions of the State of your ordinary residence shall remain unaffected.
§13 Place of jurisdiction
Insofar as the user is a merchant in the sense of the German commercial law, a special public separate estate, or a legal person in the sense of the public law, Troisdorf is the exclusive place of jurisdiction for all legal disputes resulting from and in conjunction with this contractual relationship.