Terms of service
General terms and conditions of businessGeneral terms and conditions and customer informationI. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (PearlCo GmbH) via the Internet site www.pearlco.de/shop. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we will submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you are using an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase. By submitting the order via the button "pay order" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. For this purpose we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We are liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in case of fraudulent concealment of a defect, in case of assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) The liability for defects within the scope of the statutory warranty is based on the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability in cases of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are liable neither for the permanent nor uninterrupted availability of the data.