General Terms and Conditions

General Terms and Conditions

of Protected GmbH, Wreedenschlag 2-4, 25488 Holm, hereinafter referred to as “Seller”.

- Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English -

§ 1 General and Application

(1) The following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order. 

(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Custоmers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.

(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.

§ 2 Conclusion of the contract

(1) The presentation of the goods on the website of the Seller does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the Site, in particular this may lead to colour variations, as far as reasonable.

(2) By clicking on the button “order with obligation to pay” you submit a binding order of the goods contained in the shopping cart.

(3) The Seller will immediately confirm the entrance of the Customer’s order by email. 

a) The conclusion of the contract in case of payment in advance/bank transfer, direct debit and cash payment on collection does not take place with the sole receipt confirmation, but only with the delivery of a separate email with the order confirmation or the delivery of the goods. In case of payment in advance/bank transfer, the Seller is entitled to accept the contract offering order within two working days. It amounts to an acceptance when the Seller delivers the ordered goods within this period. 

b) In case of payment by credit card, PayPal or instant payment, the conclusion of the contract occurs already with the Customer’s payment order. Prerequisite for an effective conclusion of the contract is always that the order process is concluded with the dispatch of the order. 

(4) The conclusion of the contract, in case of non-delivery by the Seller, is subject to correct and punctual supply to the Seller. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable strains to purchase the products. Otherwise the quid pro quo is immediately refunded. In case of non-availability or just partial availability of the goods the Customer is immediately informed. 

(5) When the Customer orders on electronic way, the Seller stores the contract text and sends it to the Customer by email.

§ 3 Retention of title and rescission

(1) With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.

(2) With behavior cоntrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled – if necessary after a grace period has been set –  to withdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.

(3) The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorised for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfil his payment obligation.

(4) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.

§ 4 Prices

(1) The quoted price is binding. Prices include statutory Value Added Tax. Incurred shipping costs are included on following delivery cost report of the Seller [LINK]. Packaging costs are already included in this delivery costs.

(2) The Customer undertakes to pay the whole price within seven days after receipt of the order confirmation or the invoice by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate 9 points above the prime rate. The Entrepreneur owes a lump sum payment of 40 euros in case of default with a claim for payment. This shall also apply if the Entrepreneur is in default with an advance payment or other instalment payment. Towards the Entrepreneur, the Seller reserves himself to apply higher damage caused by delay. The lump sum according to sentence 5 shall be charged to a claim for damages if the damage is justified in costs of legal proceedings. 

(3) The Customer shall only be entitled to set off in case that his counterclaims are legally established, accepted or are not denied by the Seller. The right of the Customer to set off with contractual and other claims arose from the creation or execution of this contractual relationship shall remain hereby unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.

§ 5 Payment terms

(1) Customers may pay by advance/bank transfer, direct debit, cash payment on collection, credit card, PayPal or instant payment.

(2) In case of payment by credit card, the Customer shall transmit his credit card data as part of the order process. After appropriate legitimation, the Seller will request the credit card company to initiate the payment transaction. The payment transactiоn is automatically carried out by the credit card company and the credit card will be charged. 

(3) In case of payment via PayPal, the Customer has to register under www.paypal.de. The terms and conditions of paypal.de [www.paypal.de] shall apply.

(4) In case of payment by instant payment, the customer must have an account activated for online banking at a participating bank or savings bank. After completing the order process, the customer will be redirected to an external website. There, a pre-filled form opens, which already contains the bank details of the seller as well as the amount to be transferred and the purpose of the transfer. The customer must then select the country in which he has the account and enter the bank code. Afterwards, the customer can log in with his login data for online banking (account number and PIN). By entering a TAN, the transfer is initiated and the customer receives confirmation of the transaction.

Instant payment is not yet available at a few banks. For more information: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html

(4) In the case of payment by cash on delivery, cash on delivery charges amounting to € 3.95 will be incurred here as well as an additional delivery fee of € 2.00 charged by the DHL delivery company on site.

(5) Further information regarding the terms of payment may be found in the overview "Payment Terms" [LINK] and in the Privacy Policy [LINK] on the Seller's website.

§ 6 Delivery

(1) The goods will be delivered only to the countries specified on “Shipping and Delivery costs”.  

(2) The delivery time for deliveries within Germany shall be indicated on the respective offer site.  The date of dispatch shall be determined (depending on the chosen payment) as in paragraphs 3 – 5.

(3) In the case of payment by advance/bank transfer, credit card, PayPal or instant payment, the delivery period begins one day after effecting the payment order. For all other payment methods, the delivery period begins one day after placing the order.

(4) In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.

(5) Concerning the subject to correct and punctual supply the Seller refers to § 2 (4) of these Terms and Conditions.

(6) The Seller is entitled to deliver in partial deliveries, as far as reasonable taking into consideration that any conflicting interests of the Customer are not affected. This has no influence on the content of the contract, in particular on the performance owed by the Seller or on the agreed performance period. In case a partial delivery, no additional costs will be originated for the Customer.

§ 7 Passing of risk

(1) In case of Consumers, the risk of accidental lоss and accidental deterioration of the sold product and also in case of mail order shall pass to the Consumer at the time of the handover of the goods to the Customer. 

(2) In case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the sold product shall pass to the Entrepreneur once the goods have been given to the shipper, carrier or to the forwarding agent or company.

(3) This shall apply even if the customer is in default of acceptance.

§ 8 Warranty

(1) The Customer has a statutory right of warranty, which is modified according to §§ 8, 9 from these General Terms and Conditions. 

(2) The delivered products may sligһtly diverse in colour from the products shown on the internet. § 2 (1) from these Terms and Conditions refers to it. 

(3) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery. 

(4) If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price (reduction) or to withdraw from the contract (withdraw) as well as to demand compensation. A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant. Instead of demanding damages in lieu of performance, the Customer may demand reimbursement of the expenses, according to § 284 BGB (German Civil Code), which he has incurred in reasonable reliance on the receipt of performance, save where the purpose of the expenses would not have been achieved. In case of damage compensation in lieu of performance the Customer shall agree with the restrictions of liability § 9 (1) from these Terms and Conditions.

(5) Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise, the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice. §377 HGB (German Commercial Code) is valid for merchants.

(6) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.

(7) The warranty period for Consumers amounts two years from delivery of the product. Deviations of the warranty period for Entrepreneurs: A year from delivery of the product. The warranty period also amounts a year from delivery of the product in case of used goods. The one-year-old warranty period does not apply when the Seller is accusable of gross culpability or fraudulent intent, further not in case of personal injury, impairment to health and death of the Customer, in case of a guarantee as well as in case of a delivery recourse in accordance with §§ 478BGB (German Civil Code). The liability of the Seller according to the Product Liability Act remains unaffected.

(8) Differing from paragraph 7 the regular statutory limitation period shall apply when the Seller has fraudulently failed to disclose a defect.

(9) The Seller hands no guarantees in the legal sense over the Customer unless expressly agreed. Manufacturer's guarantees remain unaffected.

§ 9 Liability

(1) The Seller is not liable for slightly negligent violation of inessential contractual obligations. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. However, the Seller is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.

(2) The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Supplier is accusable of personal injury, impairment to health and death of the Customer.

(3) The Seller is only liable for the own contents of his online shop on the website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.

§ 10 Final Clause

(1) This agreement shall be governed by the laws of the Federal Republic of Germany. Concerning consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considered if this allowed protection were detracted through the consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. § 10 para. 2 no. 5 TDSG (German Tele Services Data Protection Act) remains.

(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Seller’s business location has its seat, provided that an exclusive jurisdiction is not given. The Seller is also entitled to sue the merchant at his residence or place of business Court. The competence remains unaffected due to an exclusive jurisdiction.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body. We kindly ask for your understanding. However, should you have any reason for complaint, we will be happy to assist you by telephone or e-mail. 

(4) We are obliged to inform you that in view of the so-called online dispute resolution, the European Commission provides a corresponding platform. You may find this platform under http://ec.europa.eu/Consumers/odr/. In this context, we are also obliged to inform you about our e-mail address. This is: mail@protected.de

[Customer Information]

[Shipping]

[Payment methods]

[Data privacy policy]

Change Language

  • Deutsch
  • English
Direct buy
Der grne Punkt
Trusted Shops
Facebook
Instagram

In order to optimize our website for you and to be able to continuously improve it, we use cookies. By continuing to use the website, you agree to the use of cookies.

Further information about cookies from our domain can be found in our Cookie Policy

(Only load technically necessary cookies)