General Terms and Conditions of PYUA Protection GmbH for ordering goods via the Internet platform https://www.pyua.de/ by consumers.

§1 SCOPE, DEFINITIONS:

  1. These General Terms and Conditions apply to all orders placed by the Purchaser via the Internet platform https://www.pyua.de/ with PYUA Protection GmbH, Gundelindenstraße 2, 80805 Munich, DE, Managing Directors: Dr. Stefan Mohr and Christian Mader, Commercial Register Entry: Munich Local Court (Register Number: HRB 256504), VAT ID No.: DE 815380610, - hereinafter referred to as "PYUA" - as a consumer within the meaning of § 13 BGB (German Civil Code).
  2. The customer is a consumer, as far as the purpose of the ordered supplies and services can not be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur within the meaning of § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
  3. For entrepreneurs in the sense of § 14 BGB deviating terms and conditions apply.

§2 CONTRACT:

  1. The Customer orders the goods offered by the PYUA Online Shop directly on the Internet via the Internet platform https://www.pyua.de/.
  2. The order placed by the Customer represents an offer of the Customer to PYUA to conclude a purchase contract for the ordered goods. The purchase contract between PYUA and the Customer is concluded only by the declaration of acceptance by PYUA. This can be done by PYUA either by sending an order confirmation or by sending the ordered goods. The mere confirmation of receipt of the order does not constitute a declaration of acceptance by PYUA.
  3. If the customer has not reached the age of 18 at the time of placing the order, the validity of the contract is governed by the statutory provisions (in particular § § 104 - 110 BGB).

§3 PRICES:

  1. The prices listed on the product pages include the applicable statutory VAT and are exclusive of any applicable shipping costs pursuant to § 4.
  2. In the PYUA online store vouchers from PYUA can be redeemed. Only one voucher code per order can be redeemed in the ordering process, whereby the order value must at least correspond to the voucher value. Vouchers cannot be redeemed for specially marked items.

§4 SHIPPING COSTS:

  1. Orders placed in the PYUA online store will be delivered to the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland.
  2. The PYUA-Onlineshop delivers exclusively to the countries mentioned in § 4 paragraph 1. For orders shipped outside Germany, import taxes, customs duties and charges may be levied by the country of destination. Import duties and taxes are levied by the respective import customs office and are at the expense of the recipient. For shipments to Switzerland, we will bear the costs. These depend on the import regulations of the recipient country. More detailed information can be obtained from the relevant customs offices.
  3. In the event of a revocation, the customer shall bear the costs of the return shipment if the goods were sent to a delivery address outside Germany. For deliveries within Germany, Austria and Switzerland, PYUA will bear the return costs.
  4. In case of return due to revocation or justified withdrawal from the contract, damage and contamination of the goods must be avoided (PYUA reserves the right to refuse the return of contaminated goods). In this case, please return the goods to the PYUA online store in the original packaging with all accessories and with all packaging components, if possible. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging. Please register returns at welcome@pyua.de or by telephone at +49 (0) 89 / 898 789-10 and enclose a copy of the invoice or the delivery bill and send the package to the DHL pickup store (free of shipping costs under the conditions of paragraph 3) to the following address:

Alt FineCom Finishing-eCommerce-Logistics Ltd.
Ref. PYUA
Kunertstrasse 1
D-94469 Deggendorf
E-Mail: welcome@pyua.de
Phone: +49 (0) 89 / 898 789-10

Detailed information about returns can be found here.

§5 LIEFERBEDINGUNGEN: 

  1. Deliveries are made within Germany and internationally with DHL or a contractual partner of DHL. For orders outside the EU, the customer bears the costs incurred for customs and VAT.
  2. It is pointed out that all information about availability, shipping or delivery of a product are only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
  3. If not all products are in stock, PYUA is entitled to partial deliveries at its own expense, as far as this is reasonable for the customer.
  4. If the delivery of the goods should fail despite delivery attempt and notifications, PYUA can withdraw from the contract. Any payments made will be refunded to the customer.
  5. If products ordered by the customer are not available, because individual products were not delivered by suppliers, PYUA can withdraw from the contract. In this case PYUA will inform Customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or the customer does not want the delivery of a comparable product, any payments made by the customer will be refunded immediately.
  6. The use of the articles for advertising purposes as well as in the context of raffles is only permitted with prior consent by PYUA.

§6 PAYMENT MODALITIES:

  1. The customer can pay for the ordered items by credit card, PayPal, Sofort Überweisung, Klarna, Google Pay or Apple Pay. In addition, PYUA reserves the right to offer purchase on account as an additional payment method in the PYUA online store.
  2. In the interest of the customer, PYUA checks each order with due diligence on the basis of its own business policy and internal credit guidelines, as well as including a credit check. Questions in this regard will be answered by the customer service (contact details: welcome@pyua.de). PYUA reserves the right to safeguard the credit risk, following an automated check in the sense of § 6a BDSG not to offer the purchase on account. In this case, the customer alternatively the payment methods credit card, PayPal or cash on delivery are available.
  3. The cash on delivery payment is due upon receipt of the goods. This will be indicated on the invoice. Payment must be made in cash to the delivering messenger upon receipt of the goods. In addition to the purchase amount, a cash on delivery fee of 5.00 EUR and a presentation fee of 2.00 EUR will be due. In case of a return of goods due to effective revocation or justified withdrawal, the invoice amount including handling fee will be credited to your account by bank transfer.
  4. In case of the payment method credit card, the debit of the account of the purchaser takes place with the shipment of the goods.
  5. If the payment method "PayPal" is chosen, the terms of use and general terms and conditions of PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, as amended, shall apply additionally.
  6. In the case of payment by invoice, the customer undertakes to pay the invoice amount within 14 days of receipt of the goods, without any deduction of discount. The invoice is usually sent together with the goods.

§7 DELAY OF PAYMENT:

  1. All invoices are due immediately and payable without deduction. If a time is determined for the performance according to the calendar, default of payment occurs if payment is not made on time, without the need for a reminder. If there is no specific payment deadline according to the calendar, default in payment shall automatically occur 30 days after receipt of the invoice, without the need for a reminder.
  2. After occurrence of the delay of payment PYUA will hand over the demand for the purpose of demand collection to a collection agency or a lawyer.
  3. During the delay of payment the customer has to pay interest on arrears at the rate of 5 percentage points above the base interest rate.
  4. The right of PYUA to withdraw from the contract and to demand the return of the delivered goods remains unaffected.
  5. Customer's obligation to pay default interest does not exclude PYUA's right to claim further damages caused by default.

§8 SET-OFF:

The set-off against payment claims of PYUA is only allowed with legally established or undisputed claims.

§9 OWNERSHIP:

The goods remain the property of PYUA until full payment.

§10 RIGHT OF WITHDRAWAL AND CANCELLATION POLICY:

  1. Right of withdrawal:
    You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (PYUA Protection GmbH, Gundelindenstraße 2, 80805 Munich, Tel. +49 (0) 89 / 898 789-10, welcome@pyua.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
  2. Goods excluded from exchange:
    Please note that products that have been individually made for you are excluded from exchange.
  3. Consequences of revocation:
    If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to Alt FineCom Finishing-eCommerce-Logistics GmbH, Ref. PYUA, Kunertstrasse 1, D-94469 Deggendorf without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days. You shall bear the direct costs of returning the goods. 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 for testing the condition, properties and functioning of the goods.

Sample cancellation form (If you wish to cancel the contract, please fill out and return this form).


To:
Alt FineCom Fishing-eCommerce-Logistics GmbH
Ref. PYUA
Kunertstrasse 1
D-94469 Deggendorf
Tel. +49 (0) 89 / 898 789-10
welcome@pyua.de

 

Herewith I/we ( ) revoke the contract concluded by me/us ( ) for the purchase of the following goods ( )/ the provision of
of the following service ( )
Ordered on ( ) / received on ( )
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
Date __________________
Delete where inapplicable.

 

§11 LIABILITY:

  1. Claims of the purchaser for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of PYUA, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
  2. In case of violation of essential contractual obligations PYUA is only liable for the contract-typical, foreseeable damage, if this damage was caused by simple negligence, unless it concerns claims for damages of the customer from an injury of life, body or health.
  3. The restrictions of paragraphs 1 and 2 shall also apply in favor of PYUA's legal representatives and vicarious agents, if claims are asserted directly against them.
  4. The regulations of the product liability law remain unaffected.

§12 WARRANTY, GUARANTEE:

PYUA is liable for material defects according to the applicable legal regulations, especially §§ 434 ff BGB.
An additional guarantee exists for the goods delivered by PYUA only if this was expressly given in the order confirmation for the respective article.

§13 NOTES ON DATA PROCESSING AND DATA PROTECTION:

  1. The PYUA-Onlineshop collects in the context of the processing of contracts data of the customer. It observes in particular the provisions of the Federal Data Protection Act and Telemedia Act. Without the consent of the customer PYUA will collect, process or use inventory and usage data of the customer only to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
  2. The customer has at any time the possibility to retrieve the data stored by him under the button "My data" in his profile, to change or delete it. In all other respects, reference is made with regard to the Purchaser's consents and further information on data collection, processing and use to the data protection declaration, which is available in printable form on the Provider's website at any time via the "Data Protection" button.
  3. Facebook: In order to provide visitors to our online offers with the best possible information tailored to the interests of the visitor, we use the remarketing technology of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") in the form of a Facebook pixel, which is technically implemented on our Internet pages. Through this technology, users who have already visited our online offers and are interested in our online offer are addressed again through targeted advertising within the social network Facebook. The insertion of advertising takes place through the use of a pixel, with the help of which user behavior when visiting the website is analyzed and can then be used for targeted product recommendations and interest-based advertising.

    For information on the purpose and scope of data collection by Facebook, the further processing and use of the data by Facebook, and your rights in this regard and settings options for protecting your privacy, please refer to the privacy policy. You can find more information on Facebook's data protection policy at.

    If they are not interested in the delivery of content in the course of remarketing, you can hide this content through the respective controls on the corresponding page by selecting the following page from Facebook and disable the use of remarketing ads there. Alternatively, users can deactivate the use of third-party cookies by visiting the Network Advertising Initiative Network Advertising Initiative deactivation page.

    By using our offers, you consent to the processing of data about you by Facebook in the manner and for the purposes set out above. We would like to point out that Facebook has its own data protection policies, which are independent of ours. We assume no responsibility or liability for these policies and procedures.

    In order to draw the attention of potential users and customers to our online offers, we use the online advertising program Facebook Advertising and, within the framework of Facebook Advertising, conversion tracking, an analysis service provided by Facebook. In this process, Facebook sets a cookie on your computer ("conversion cookie") if you have reached our website via a Facebook ad. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of ours and the cookie has not yet expired, we and Facebook can recognize that someone clicked on the ad and was thus redirected to our site and took an action there. The information collected using the conversion cookie is used to create conversion statistics. We learn the total number of users who clicked on the respective ad and were redirected to a page tagged with a conversion tracking tag. However, we do not receive any information that can be used to personally identify users. If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, via a browser setting that generally deactivates the automatic setting of cookies.

§14 APPLICABLE LAW:
Disagreements and disputes on the occasion of this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
As of February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link.
End of the General Terms and Conditions

§14 APPLICABLE LAW:

  1. Disagreements and disputes on the occasion of this contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. As of February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link

End of the General Terms and Conditions