Terms of service
Our General Terms and General Terms and Conditions (GTC) of the services in the blackpanthersystem online shop
1. Subject of the offer
(1) Provider
The operator of the online shop and thus the provider of services on www.blackpanthersystem.de and www.blackpanthersystem.us is
Mott Mobile Systeme GmbH & Co KG
Am Dittwarer Bahnhof 9-11
97941 Tauberbischofsheim
Commercial register: HRA 706013
Register court: AG Mannheim
Managing director: Jürgen Junker
Imprint
hereinafter also referred to as “blackpanthersystem” and “we”.
(2) Customer
Our offers are aimed exclusively at consumers making purchases for private purposes.
Furthermore, we will reject orders if the customer has not yet reached the age of eighteen (18) at the time of online submission of their item selection.
(3) Conclusion of the purchase contract and blackpanthersystem’s right of refusal
By placing an order on the blackpanthersystem website, you confirm that you are doing so for private purposes only.
You can therefore initially place our products in the shopping basket 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.
By clicking on the “Order with costs” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail or dispatch the goods, which will also be communicated to you by e-mail. Please check the SPAM folder of your e-mail inbox regularly.
(4) Contract text
The language available for the conclusion of the contract is German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.
We save the text of the contract. The contractual provisions with details of the goods and/or services ordered, including these GTC, will be sent to you by e-mail upon acceptance of the contract offer or upon notification thereof.
You are also free to print out the relevant page of the online shop during the order process using the browser’s print function or to save it using the save function.
You can view the text of the contract at any time in our customer login.
2. Withdrawal policy, right of cancellation
You have the right to withdraw this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
In the following constellations, the withdrawal period only begins when you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last item:
- if you have ordered one or more goods as part of a single order and the goods or goods are or will be delivered uniformly
- if you have ordered several goods as part of a single order and the goods are delivered separately;
- if several of the above alternatives exist.
In order to exercise your right of withdrawal, you must inform us at Mott Mobile Systeme GmbH & Co KG
Am Dittwarer Bahnhof 9-11, 97941 Tauberbischofsheim or by e-mail to[email protected] of your decision to withdraw this contract by means of a clear statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
Please note that we may withhold the refund until we have received the goods back or until you have provided us with proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us within fourteen days of the day on which you informed us of the withdrawal of this contract. If you dispatch the goods before the end of this fourteen-day period, the deadline has been met.
The following applies to the costs of the return shipment: If you use a pre-paid return label provided by us, the return is free of charge for you. You can obtain a return label from our customer service. If you do not use our return label, you will have to bear the direct costs of the return.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality. This means that you can inspect the goods as you would in a shop. However, if you use the goods beyond this and they lose value as a result, we reserve the right to charge you for the corresponding loss in value.
3. Prices
(1) Purchase price
The prices stated at the time of ordering are final prices, including the applicable VAT.
(2) Shipping costs
The shipping costs for our products vary depending on the size, weight and special features of the items ordered. The shipping costs also vary depending on the delivery area. For an exact overview of the shipping costs incurred, you will be shown the applicable amount during the order process and in the order confirmation. Please note that orders in different delivery areas may incur additional costs, which will also be shown during the order process.
For example, a parcel service within Germany with a parcel weight of 30 – 34.99 kg costs around EUR 32.13 (incl. VAT).
4. Means of payment, due date and default
(1) The payment of the goods and shipping costs can be made with the following payment methods: by bank transfer, by credit card, with Klarna services (on account, by instant bank transfer or as instalment purchase) and via Paypal.
- Bank transfer
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check. - Payment service provider PayPal
When paying via PayPal, the payment is usually debited on the same day and is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, registered in the Commercial Register R.C.S. Luxembourg under number B 118 349. During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process. - Klarna services (on account, by instant bank transfer or as installment purchase)
Payment with one of the Klarna services is processed via Klarna Bank AB (publ), Chausseestrasse 117, 10115 Berlin, registered in the commercial register of Charlottenburg Local Court under the number HRB 217291 B. After placing the order, you will be redirected to the website of the online provider Klarna. In order to be able to pay the invoice amount via Klarna, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Klarna and your account will be debited. Please note that payment methods via Klarna are only possible up to a value of goods of EUR 1,400. You can also find more information about Klarna’s payment methods in the following terms and conditions: https://www.klarna.com/de/agb/
- By credit card (VISA, Mastercard, American Express)
When paying by credit card, we accept VISA, MasterCard and American Express (Amex) credit cards. In the case of purchase by credit card, your credit card account will be debited when we dispatch the order.
We use the services of Mollie BV, Keizersgracht 126, 1015 CW Amsterdam, The Netherlands as our payment service provider.
(2) blackpanthersystem reserves the right to block the customer’s registration and thus access to the online shop as a whole if payment defaults or delays occur or if the order itself is handled improperly on several occasions. To safeguard against credit risk, we reserve the right to restrict the choice of payment methods.
(3) Repayments shall be made in the same way as we received the customer’s payments.
(4) Payment for the goods and shipping costs shall be borne by the customer. The customer shall bear any fees incurred by the credit institutions upon payment.
(5) For orders and/or delivery of goods outside Germany, payment can be made by credit card or PayPal.
(6) The purchase price is due upon complete delivery, i.e. handover of the goods. Your account will be debited on the next possible date, depending on the payment method selected.
(7) If the invoice amount is not paid within 30 days of the invoice date in the case of payment by credit card (American Express, MasterCard, VISA Card) or PayPal, or if the payment is rejected by the account-holding institution, you will automatically be in default. In this case, we will charge the statutory default interest of five percentage points above the respective base interest rate announced by the European Central Bank in addition to the invoice amount. However, you have the option at any time to prove that no or less damage has been incurred. Your obligation to pay default interest does not exclude the assertion of further default damages by us.
(8) You shall only be entitled to a right of set-off or retention if your counterclaim is undisputed or has been recognised by declaratory judgement.
5. Delivery, transfer of risk, availability of goods
(1) The goods shall be delivered by dispatch to the delivery address specified by you.
(2) We shall dispatch the purchased goods as quickly as possible, at the latest within five working days of receipt of payment.
(3) If you pay by credit card, we will release the payment on the day the goods are dispatched.
(4) The goods are delivered at our risk. The risk of accidental loss and accidental deterioration of the goods shall only pass to you when the goods are handed over to you; thus also in the case of a sale by despatch.
(5) We deliver the goods in accordance with these General Terms and Conditions. The availability of our goods is dependent on various factors and may change at any time. We endeavour to indicate the availability of the products offered on our website as accurately as possible. Nevertheless, it may happen that an item is no longer available at the time of ordering. We reserve the right to refuse or cancel orders if the goods ordered are no longer available. In such a case, we will inform you immediately and refund any payments already made without delay. There is no entitlement to delivery of the unavailable goods. If an item is no longer available after the order has been confirmed and before the goods are dispatched, we will also inform you immediately and offer alternative products if necessary.
6. Retention of title
(1) The delivered goods shall remain our property until full payment has been made.
(2) You are authorised to resell the goods subject to retention of title in the ordinary course of business. However, you may not pledge the goods subject to retention of title or assign them by way of security. In this case, however, you hereby assign to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. We accept this assignment. Irrespective of our authority to collect the claim ourselves, you shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as you fulfil your payment obligations, no application for the opening of insolvency or similar proceedings against your assets has been filed and there is no suspension of payments. Insofar as the claims to be secured exceed by more than 10 %, we are obliged to release the securities of our choice at your request.
7. Warranty for material defects
(1) We shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. German Civil Code (BGB). Please note that all our offers in our online shop are non-binding. The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to order. We reserve the right to make technically necessary or expedient changes to the products. Dimensions, illustrations and drawings are for your preliminary information only and require our written confirmation in order to be binding. Details of the properties and performance characteristics of our products are for illustrative purposes only and are also not binding. Claims for defects do not exist insofar as the changes are reasonable for the customer.
(2) An additional guarantee only exists for the goods delivered by us if this has been expressly given by us in writing for the respective article.
(3) If the delivered goods are defective, we shall provide subsequent fulfillment within a reasonable period of time, i.e. either make a replacement delivery or remedy the defects. If the type of subsequent fulfillment chosen by you is only associated with disproportionately high costs, we reserve the right to carry out the subsequent fulfillment in the other form. We shall bear the expenses required for this. If we are unable to provide subsequent fulfillment, you have the right either to withdraw from the purchase contract or to reduce the purchase price.
(4) Defective goods must be returned to us unless you have decided to reduce the purchase price. The costs for the return shipment in the event of a defect shall be borne by us.
(5) The limitation period for warranty claims for the delivered goods is – except in the case of claims for damages – twelve months from receipt of the goods.
8.Liability
(1) Claims for damages due to the breach of an obligation arising from the contractual relationship shall be governed by the statutory provisions. The same applies to claims for damages asserted on the basis of the Product Liability Act.
(2) We would like to point out that all information and instructions on the packaging and inserts of our products must be carefully observed. We accept no liability for damage resulting from any use or handling of the products that deviates from these instructions.
(3)In the event of improper use that does not comply with the specified instructions, claims for damages are excluded. It is the buyer’s responsibility to follow the instructions and directions to ensure proper use and handling.
9. Data protection
We collect, process and use your personal data insofar as this is necessary for the establishment, execution or termination of this contract. Any further collection, processing and use of your personal data will only take place if this is permitted by law or if you have given your consent. You can find more detailed information in our data protection information.
10. Final provisions
(1) We reserve the right to change the General Terms and Conditions at any time. These can be accessed at any time in their current version at www.blackpanthersystems.de and www.blackpanthersystems.us respectively.
(2) Applicable law; place of jurisdiction
Applicability of German law: German law applies exclusively to all disputes arising in connection with the initiation, execution or processing of a purchase contract in our online shop, unless mandatory consumer protection regulations of the country in which you have your habitual residence take precedence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of fulfillment and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Tauberbischofsheim.
(3) Should individual provisions of these GTC be invalid in whole or in part, the remaining provisions of the GTC shall remain valid.
(4) Consumer arbitration:
We hereby inform you that blackpanthersystem does not participate in dispute resolution proceedings of a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act and is not obliged to do so.
(5) In the event of discrepancies or errors in the translation, only the German version shall be legally binding.