T's & C's

General terms and conditions and customer information

 

1. General Terms and Conditions

 

• 1 Basic provisions

 

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (pasoli GmbH) via the website www.heatholders.eu. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

 

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

• 2 Conclusion of the contract

 

(1) The subject of the contract is the sale of goods.

 

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

 

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After clicking the “Checkout” or “Continue to order” button (or similar name) and entering your personal data as well as the payment and shipping conditions The order details will then be displayed to you as an order overview. 

 

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.

By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment" or similar term) you are making a binding offer to us.

You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of the contract.

 

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

 

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

 

• 3 Special agreements on payment methods offered

 

(1) Payment via SOFORT / instant transfer

If you select the payment method Sofort / Sofortüberweisung, payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at https://www.klarna.com/sofort/.

 

(2) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:

• Invoice (“Pay Later”): The Klarna invoice conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
  The Klarna billing conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; The conditions for the option to extend the payment term can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

Further information about Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

 

(3) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. You can find more information about “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

 

• 4 Right of retention, retention of title

 

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

 

(2) The goods remain our property until the purchase price has been paid in full.

 

• 5 Warranty

 

(1) The statutory liability rights for defects apply.

 

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

 

(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

 

• 6 Choice of law, place of performance, place of jurisdiction

 

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

 

(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

1. Customer information

 

1. Identity of the seller

 

pasoli GmbH

Augsburger Straße 1 1/2

89312 Günzburg

Germany

Telephone: 082213698450

Email: service@heatholders.eu

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.

 

We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.

 

2. Information on the conclusion of the contract

 

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

 

3. Contract language, contract text storage

 

3.1. The contract language is German.

 

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

 

4. Essential characteristics of the goods or services

 

The essential characteristics of the goods and/or services can be found in the respective offer.

 

5. Prices and payment methods

 

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

 

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

 

5.3. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

 

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

 

5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

 

6. Delivery conditions

 

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

 

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

 

7. Statutory liability law for defects

 

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

 

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

 

last updated: November 29, 2023