Please read the entire agreement. By using and ordering from this website you agree to these terms. If you do not agree, please do not use this site. If you have any questions or concerns, feel free to contact us.
1. General and Scope of Application
- The following terms and conditions of sale and delivery (German AGB), which you (hereinafter referred to as “buyer”) recognise through your order, apply to the business relationship between the buyer and petrockblock by Florian Müller for orders by telephone, email, fax, post or via the website petrockblock.com (hereafter referred to as “online shop”). The terms and conditions are valid in the version from the time of the order in our online shop. Opposing or deviating conditions of the customer from our general terms and conditions we do not accept, even if we know them and process the order without contradiction.
- Buyers may be consumers or entrepreneurs. The consumer is a natural person who concludes the purchase for a purpose that is neither commercial nor can it be attributed to the person’s independent professional occupation (section 13 of the German Civil Code (BGB)). Entrepreneur is any natural person or legal entity or a partnership capable of acquiring rights and incurring obligations that acts in exercise of his or its trade, business or profession when concluding a legal transaction (section 14 BGB).
- Our information and offers regarding the articles and product specifications are subject to change. Product illustrations are exemplary illustrations and can deviate from supplied products. With regard to the constant technical development and improvement of the products we reserve the right to change the design. This also applies to changes that serve the availability of a product.
2. Contract Conclusion
- Offers of petrockblock by Florian Müller are non-binding and subject to change. A contract between petrockblock by Florian Müller and the buyer shall only come about when petrockblock by Florian Müller has confirmed the buyer’s order.
The Buyer shall submit a binding offer to petrockblock by Florian Müller by email, fax, post or telephone. A sales contract shall only come about between the buyer and petrockblock by Florian Müller once the goods have been sent to the buyer or acceptance of the offer submitted by the buyer has been expressly confirmed. If the buyer receives a confirmation email for receipt of the order that relates to the email order or order in the online shop after receipt of the order by petrockblock by Florian Müller, this does not yet constitute acceptance of the contractual offer by petrockblock by Florian Müller. Acceptance of the buyer’s contractual offer rather does not take place until further express confirmation is issued or the goods are sent.
In the case of orders via the online shop the following also applies: The buyer submits a binding offer to petrockblock by Florian Müller when he has successfully completed the order process in the online shop by entering the details as prompted and then finally clicks on the “Buy Now” button. After receiving the order petrockblock by Florian Müller sends the buyer an automatically generated receipt confirmation, which does not yet indicate an acceptance of the offer and merely serves as information about the incoming order. Before submitting the order in the online shop the buyer is shown a summary of the contents of his order to identify any typing errors. The buyer can correct any typing errors with regard to the order details by calling up the general “Return” function in the internet browser and/or by clicking on the “Edit Order” button during the order process. After having successfully logged in, which is initiated by clicking on the “My Account” button, the contract text is accessible to the Buyer until he deletes it himself.
The delivery to be rendered by petrockblock by Florian Müller is subject to us obtaining the supplies punctually and in full. Should the ordered items no longer be available and/or only be obtainable with unreasonable cost or effort, petrockblock by Florian Müller shall be entitled to withdraw from the contract. petrockblock by Florian Müller shall in this case inform the buyer about the lack of availability without delay and reimburse any payments received for the items in question. The buyer shall not be entitled to any compensation for this reason. Responsibility of petrockblock by Florian Müller for intent or negligence in accordance with the liability provisions pursuant to subsection 8 of these General Terms and Conditions of Business shall not be affected thereby. The same applies if delivery is considerably impeded or becomes impossible due to force majeure (fire, flooding, industrial disputes, operational disruptions, strikes, official directives which are not attributable to the operating risk of petrockblock by Florian Müller) or other events and petrockblock by Florian Müller is not responsible for it. A right of withdrawal also exists if petrockblock by Florian Müller gains knowledge of the objective lack of creditworthiness on the part of the buyer after conclusion of the contract and the claims for payment of petrockblock by Florian Müller are thereby endangered.
Partial deliveries are permitted unless the buyer clearly has no interest in them or he can reasonably not be expected to have an interest in them. If petrockblock by Florian Müller exercises this right, packaging and forwarding costs will only be levied once.
3. Delivery, Shipping Costs and Transfer of Risk
- The delivery will be made on the individual case stated shipping costs.
- If the customer is a consumer (private customer), we carry in each case the shipping risk (risk of loss or damage), regardless of the transport. If the customer is an entrepreneur (commercial customer, for definition see above under 1.2), then all risks of the shipment go over to the customer once the goods have been handed over by us to the logistic company.
- We deliver the customer as fast as possible. The typical time until delivery is at most 5 working days. This is under restriction, that we are supplied correctly and on time and are not responsible for the lack of availability of goods.
- In case of visible damages of the package, it is possible to refuse the acceptance of the shipment with note to the damage for you as consumer. However if you find a damage after you have received the shipment or if it is a hidden transport damage (packaging okay but content defective), please contact us immediately within 3 business days after reception of the shippment.
4. Reservation of Title
- The delivered goods remain our property until full payment of the purchase price.
- The customer is obliged to handle the goods with care, as long as the property has not yet been transferred to him.
- The amounts listed as purchase prices are end prices and include all the price components including any accruing taxes.
- Petrockblock by Florian Müller shall inform the buyer in the online shop about what payment options are actually available.
If petrockblock by Florian Müller agrees on a payment in advance with the buyer, delivery shall only take place once the agreed purchase price has been received. In this case, the buyer shall undertake to pay the total amount by no later than fourteen days after receipt of the payment request without deduction by transfer to the account of petrockblock by Florian Müller specified in the online shop. Compliance with the deadline shall be determined by the date when payment is received. In the event that the deadline expires unsuccessfully, the buyer shall be considered in default of payment without any further notice necessary.
The buyer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
The buyer is only entitled to offset if his counterclaims are undisputed by petrockblock by Florian Müller or are disputed by petrockblock by Florian Müller, but have been finally established in law. The goods shall remain the property of petrockblock by Florian Müller until payment has been received in full.
If the customer is in delay of payments, we reserve the right to refuse any shipments also from other contractual relationships. We are not liable for any damages resulting from this non-delivery.
6. Warranty to consumers
- The statutory provisions shall apply to claims of the buyer against petrockblock by Florian Müller due to defects. In particular, damage caused as a result of measures taken by the buyer which are inappropriate or improper or contrary to the terms of the contract do not constitute grounds for any claims by the buyer.
7. Warranty to entrepreneurs
If the buyer is not a consumer (for definition see above under 1.2), the following applies in addition to the legal warranty requirements:
Warranty claims of the buyer are subject to the buyer having inspected the items immediately after handover and having informed petrockblock by Florian Müller of any defects without delay after handover. Defects which were not seen or noted at the time of the delivery have to be communicated in written form by the buyer immediately after their detection.
If the buyer has the right to make claims due to a defect, petrockblock by Florian Müller is entitled at its discretion to rectify the defect for the buyer free of charge or to render a replacement delivery of faultless items.
Warranty claims shall become statute-barred within 12 months from the time of the passage of risk. This does not apply in the event of delivery recourse in accordance with sections 478, 479 of the German Civil Code (BGB) and/or if the corresponding defect was deliberately concealed and/or if petrockblock by Florian Müller has given special guarantees in the form of a manufacturer’s guarantee.
The aforementioned shortening of the limitation period does not apply to claims for damages for which petrockblock by Florian Müller is liable under the provisions of subsection 8 below.
8. Liability for Defects
- The legal rights of liability for defects apply.
- Petrockblock by Florian Müller shall be liable without restriction for any damage caused intentionally or through gross negligence by Petrockblock by Florian Müller, its employees or vicarious agents, in cases where defects are deliberately concealed, when a quality guarantee is given and for any damage arising from loss of life, personal injury or illness.
- Petrockblock by Florian Müller shall be liable for other damage only if a duty is breached, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the contracting party can regularly rely (cardinal duty) and if the damage is typical and foreseeable based on the contractual use of the services. Any liability according to the Product Liability Law shall not be affected. Any liability by Petrockblock by Florian Müller over and above the aforementioned is excluded.
- Petrockblock by Florian Müller is not liable for damage or defects, that have occured due to incorrect handling, storage or third party causes. Also any liability expires if the customer does interventions or repairs itself or by someone not authorized by us.
- Petrockblock by Florian Müller is not liable for data losses. The customer is responsible for securing its data.
9. Information for Customers about Distance Contracts and Information about Contracts in Electronic Commerce
- We are not subject to specifically, not mentioned above, codes of conduct.
- Any input errors when placing your order can be detected and corrected using the change function before sending the order at the final confirmation before submitting your contract.
- The essential characteristics of the goods offered by us as well as the validity of limited offers can be found in the respective product descriptions as part of our website.
- The available contract language is German.
- You can make complaints and warranty claims at the address listed in the legal notice (provider identification).
- The contract text is not stored by us and therefore not available for you as customer through us after contract conclusion.
- Please take information about payment, delivery or fulfilment from our offer.
10. Final Provisions
- Petrockblock by Florian Müller shall not recognise any general terms and conditions of business or terms of contract of the buyer that conflict with or differ from these general terms and conditions of unless their validity is expressly consented to in writing. These general terms and conditions apply even if petrockblock by Florian Müller unconditionally renders the delivery to the buyer in the knowledge that the buyer’s terms and conditions conflict with or differ from these terms and conditions.
- In commercial dealings the parties agree that the office of petrockblock by Florian Müller is the sole place of jurisdiction for all disputes arising within the context of the execution of this contract. The office of petrockblock by Florian Müller is also the place of jurisdiction in non-commercial dealings if the buyer has no general place of jurisdiction in Germany or moves its place or residence or habitual abode outside the scope of application of the Federal Republic of Germany after conclusion of the contract. This does not apply in the event that the buyer’s place of residence or habitual abode is not known at the time the action is filed.
- The business relationship and all resultant legal issues are subject solely to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- Should individual provisions of these General Terms and Conditions of Business be or become invalid, the remaining conditions shall remain effective.
- All offered products are intended as an utility device for development under laboratory conditions. For use or operation specialist knowledges are required.
Reinfeld (Holstein), July 1st, 2017
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.