Terms of service
General Terms and Conditions
General Terms and Conditions
1.1 The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online store of the company PaNiKa UG (haftungsbeschränkt), Hohenzollernring 57, 50672 Cologne (hereinafter: SELLER) under the domain www.xtrafuel.de.
1.2 These GTC contain special provisions for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEUR). These special clauses for business transactions are identified by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of § 13 BGB.
1.3 The SELLER does not recognize any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.
1.4 Depending on the product range, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a regular delivery as part of a subscription contract ("savings subscription"). In the case of a savings subscription, the SELLER undertakes to regularly deliver the selected goods to the CUSTOMER at the delivery interval selected by the CUSTOMER. The respective delivery interval, the price per delivery, the subscription discount, any shipping costs and the essential characteristics of the goods are displayed to the CUSTOMER before the order is placed.
Conclusion of contract
2.1 By using this website and placing an order in this online store, you confirm that you are at least 18 years old.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
The CUSTOMER can place the desired items in the shopping cart by clicking on the corresponding button and then initiate the order process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the required contact details for shipping and payment and complete the order by clicking the "Buy now" button.
2.2 The CUSTOMER can correct input errors, in particular goods mistakenly placed in the shopping cart, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.
2.3 The presentation of the products in the SELLER's online store merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the items contained in the shopping cart. The SELLER will automatically confirm receipt of the order by e-mail without delay.
2.4 The purchase contract is concluded with the company PaNiKa UG (haftungsbeschränkt), Hohenzollernring 57, 50672 Cologne.
2.5 The contract language is German.
Storage of the contract text
The contract text is stored by the SELLER. The order data shall be sent to the CUSTOMER separately in text form (e-mail). The GTC can also be called up and printed out in the online store.
Right of withdrawal
Consumers are generally entitled to a statutory right of withdrawal. The legal regulations on any existing right of revocation are contained exclusively in the revocation instructions, which can be accessed by the CUSTOMER during the ordering process.
Prices and shipping costs
5.1 The prices valid on the day of the order as displayed in the online store shall apply.
5.2 The prices displayed in the online store are in euros and include statutory VAT.
5.3 The prices displayed in the online store do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before the order is placed.
5.4 For all orders/deliveries abroad, a flat-rate shipping fee is charged in accordance with the shipping costs table available in the online store. The flat-rate shipping costs for international shipping can also be seen in the shopping cart before the order is sent.
5.5 In individual cases, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER in the case of cross-border deliveries.
Terms of payment
6.1 The SELLER only accepts the payment methods offered in the online store during the ordering process. The CUSTOMER chooses his preferred method of payment from the available payment methods.
6.2 CUSTOMERS who are ENTREPRENEURS within the meaning of § 14 BGB are only entitled to set-off rights if the counterclaims are legally established, undisputed or recognized by the SELLER or if the opposing claims are based on the same legal relationship. This set-off prohibition does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
6.3 The products will be invoiced to the customer upon confirmation and are due for payment 14 days after receipt by the customer. After these 14 days have elapsed, the customer is in default of payment. Invoices are sent as PDF files by e-mail.
Payment by invoice and financing
In cooperation with Klarna Bank AB (publ ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from dispatch of the goods or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. Further information on installment purchases including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the countries indicated): Germany.
- Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
The use of the payment methods invoice and installment purchase requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found at here . General information about Klarna can be found at here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
6.4 In the case of savings subscriptions, the price per delivery is automatically billed via the payment method selected when the savings subscription is taken out. Billing takes place in connection with the initiation of the next subscription order. The CUSTOMER is responsible for ensuring that the payment method used is valid and has sufficient funds.
6.5 The price, discount, delivery interval and shipping costs shall be displayed to the CUSTOMER before the conclusion of the savings subscription. Changes to prices, discounts or delivery conditions only apply to future deliveries and will be communicated to the CUSTOMER in good time if required by law.
Financing and installment payment with SEZZLE
Together with Sezzle Germany GmbH (Germany, "Sezzle"), we offer the option of purchasing products from us and paying Sezzle later in installments. A Sezzle account must be opened in order to use this financing option. In order to assess whether you can take advantage of the financing offered via Sezzle, Sezzle carries out its own identity and credit checks. If we transmit data to Sezzle for this purpose, this is done on the legal basis of Art. 6 para. 1 letter b) GDPR. Otherwise, Sezzle processes the data on its own responsibility. Further information on data protection at Sezzle can be found at https://legal.eu.sezzle.com/privacy.
Reminder fees
We reserve the right to charge a flat-rate reminder fee of EUR 3.00 per reminder if the buyer is in default of payment. The buyer is permitted to prove that a significantly lower damage than this lump sum or no damage at all has been incurred.
Delivery and shipping conditions - information on the calculation of the delivery date
7.1 Unless otherwise agreed with the CUSTOMER, the goods shall be delivered by dispatch to the delivery address specified by the CUSTOMER in the order.
7.2 The delivery time is stated separately for the respective article or in the product description on the article page.
7.3 The delivery time stated on the item page begins on the working day after the CUSTOMER's payment order to the transferring bank in the case of payment in advance, or on the working day after the day of conclusion of the contract in the case of all other payment methods.
7.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the CUSTOMER upon delivery to the CUSTOMER or a person authorized to receive the goods or, in the case of sale by dispatch, upon delivery of the goods to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods to the consumer in accordance with § 446 BGB. With regard to the transfer of risk, it shall be deemed equivalent to handover if the CUSTOMER is in default of acceptance.
7.5 Orders and deliveries are only offered in and to Germany and to the countries specified in the online store and/or in the shipping costs table.
7.6 The personal data collected or transmitted by us (address, e-mail, telephone number, etc.) will be passed on to the transport company commissioned with the delivery within the framework of contract processing and on the basis of Art. 6 para. 1 lit. b DSGVO (contract fulfillment).
7.7 In the event of delays in delivery, the SELLER shall inform the CUSTOMER immediately.
7.8 If the carrier returns the object of purchase to the SELLER because delivery to the CUSTOMER was not possible for reasons for which the CUSTOMER is responsible (e.g. incomplete or incorrect address) or because the CUSTOMER refused acceptance without a simultaneous declaration of revocation, the CUSTOMER shall bear the costs of a new shipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal or is not responsible for the circumstance or was temporarily prevented from doing so and the SELLER has not given reasonable prior notice of the service.
7.9 Returns outside of revocation/warranty (default of acceptance, etc.):
If a return shipment is made outside of a revocation or statutory warranty cases and the customer is responsible for this (e.g. undeliverable due to incorrect or incomplete address, refusal to accept without a declaration of revocation, shipment not collected after the storage period has expired), we shall charge a flat-rate reimbursement of expenses of up to 10€.
The lump sum is based on the typical return and processing costs incurred (transportation, handling). The consumer reserves the right to prove that no or significantly lower costs were incurred. The assertion of higher, specifically proven damages remains unaffected.
This flat rate does not apply to returns in the context of a statutory withdrawal or warranty cases; the statutory provisions apply here, in particular §357 BGB.
Contract duration and termination of subscription contracts
Savings subscriptions are concluded for an indefinite period, unless otherwise stated in the respective offer. There is no minimum term.
The CUSTOMER may terminate, pause or - if technically available - change the savings subscription at any time without observing a notice period with effect for future deliveries. Individual orders that have already been triggered, paid for or dispatched can no longer be stopped via the subscription administration; statutory revocation and warranty rights remain unaffected.
Cancellation can be made via the subscription management in the customer account, by e-mail to info@xtrafuel.de. The right to extraordinary termination for good cause remains unaffected.
Retention of title
8.1 The SELLER retains ownership of the items sold until the purchase price has been paid in full.
8.2 The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or assigned as security before full payment of the secured claims. The CUSTOMER shall notify the SELLER immediately in writing if and insofar as third parties seize the SELLER's goods.
8.3 In the event of breach of contract by the CUSTOMER, in particular non-payment of the purchase price due, the SELLER shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER has previously been set a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
Warranty/liability for defects/duty to give notice of defects
9.1 The rights in the event of defects in the purchased item are governed by the statutory provisions.
9.2 Claims for defects by ENTREPRENEURS who are merchants within the meaning of the German Commercial Code (HGB) presuppose that they have properly fulfilled their obligations to inspect and give notice of defects in text form within 14 calendar days of receipt of the goods in accordance with § 377 HGB. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
9.3 The limitation period for COMPANY claims for defects is 12 months, calculated from the transfer of risk to the COMPANY. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.
Liability
10.1 The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER shall be governed by these provisions outside of warranty law, irrespective of the legal nature of the claim.
10.2 The liability of the SELLER is excluded - irrespective of the legal grounds - unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the liability of the SELLER is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3 The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health which are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
10.4 If the SELLER at least negligently violates an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), liability shall be limited to the typically occurring damage, i.e. to such damage which must typically be expected to occur within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely.
Data storage and data protection
The data protection provisions of the privacy policy on the website www.xtrafuel.de apply exclusively. You can find our privacy policy at here.
Final provisions
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.3 If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the SELLER in 50672 Cologne.
12.4 The same shall apply if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. The authority of the SELLER to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
12.5 Consumer dispute resolution (§36 VSBG)
The SELLER is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board
Address:
PaNiKa UG (haftungsbeschränkt)
Hohenzollernring 57
50672 Cologne (DE)
E-mail: info(@)xtrafuel(.)de