§ 1 Validity, definition of terms
(1) CO2-POSITIV UG (limited liability), Rathsbergstr. 70, 90411 Nuremberg, Germany (hereinafter: “we” or “CO2-POSITIV”) operates an online shop for services on the website https://co2-pos.com and https://co2-pos.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://co2-pos.com or https://co2-pos.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order takes place in the following steps:
- Selection of the selected service (s),
- Adding the products by clicking the appropriate button (e.g. “In the shopping cart”, “In the shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking the appropriate button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering / checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete the order by pressing the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.
(4) If the contract is concluded, the contract is concluded with CO2 ‑ POSITIV UG (limited liability), Rathsbergstr. 70, 90411 Nuremberg, Germany.
(5) Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by email after you have placed the order, in some cases automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by prematurely canceling the order process, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject of the contract in our online shop is:
- The provision of services. The specific services offered can be found on our article pages.
(2) The essential characteristics of the services can be found in the item description.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid prior to delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the prices stated, shipping costs may apply for the delivery of products, unless the respective article is shown as free of shipping costs. The shipping costs are clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: 1 working day after receipt of payment or after receipt of the order in the case of a purchase on account).
(6) The following delivery area restrictions apply: Delivery takes place in the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
§ 5 Right of retention
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and financial damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
German and English are available as contract language. In the event of ambiguities in the English translation or deviations, the German language version of the contract and the contract processing always applies.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for goods delivered is 12 months.
(3) As a consumer, you are requested to check the item / digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions / dispute settlement
(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.