Terms and conditions
§ 1 Validity of the conditions
By accepting delivery of any product or service from PBS, you agree to be bound by the terms and conditions listed below. You and PBS agree that the following terms and conditions are the exclusive terms governing the sales transaction between customer and PBS. Any attempt to alter, supplement, modify or amend these terms and conditions by the customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from PBS. Only exception if the contracting parties agree to something else in written form. Orders for PBS can only be placed by a person of at least 18 years of age.
§ 2 Offers, Orders acceptance, Terms of payment and delivery
Unless otherwise agreed or stated in our confirmation of order are our prices of PBS quoted ex works. At all points our offers remain free of cost effective at the time when the contract is concluded. The freight costs shall apply as contained in our contemporary price list of Soldera. They include the freight and packing charges. We shall be entitled to choose the mode of dispatch. Generally valid for all orders is that delivery shall be made per cash with order (COD) or per cash on delivery (COD). Payment methods differing from this are to negotiate with Soldera. Delivers per COD are charged with a COD fee of 6.00 euros. In the event the merchandise is not being accepted we will have to bill the incurred COD fees separately. All our prices are net prices plus the valid value-added tax / VAT (19%).
Listed terms of delivery are generally without commitment unless they were not explicit committed to in writing. If PBS can’t deliver an ordered article caused by a technical glitch and/or without their fault is PBS eligible, as agreed to, to back out of the sales contract with the orderer. In this case the orderer will be informed that a delivery is not possible. The orderer is liable for the consequences of the non-delivery if a delivery is not possible because the delivery address of the orderer is wrong or the consignee doesn’t accept the shipment of PBS. Also will any additional costs and consequences be borne by the orderer if he doesn’t accept the shipment of goods within one’s grasp nor if the designated person can’t be met multiple times so that a delivery can’t be carried out. Any of the buyer’s rights of recourse shall remain unaffected by these regulations.
§ 3 Guarantee
The guarantee is subject to the German law.
§ 4 Liability
PBS cannot be held liable for secondary damages in particular for damages caused by false installation/ maintenance or for breach of installation/ maintenance instructions. Please contact your window manufacturer when applying the interior foils to avoid any possible occurring problems with your window. PBS will only be liable for damages as far as lawful agents or proxies of PBS can be accused of severe negligence or with intent. A liability is excluded in case of slight negligence. The liability covers exclusively the invoice amount of the delivered goods or the performed service. We are not liable for broken glass or other damages occurring after covering with film. Assumption of costs of any nature is expressly excluded.
§ 5 Right of revoke
You may revoke your contractual statement in text form (e.g. letter, fax, email) within two weeks according to §§ 312d, 355 BGB (German Civil Code). The right of revoke under § 312 d IV clause 1 BGB doesn’t apply to the delivery of goods made by a customer’s specifications. The definition of customer’s specifications is under §6 clause 1. These articles are generally excluded from the right of withdrawal, of exchange and of return. The term shall begin when placing your first partial order from our online shop. The revocation is to be submitted, without giving any reasons.
In the event of an effective revocation, the payments received on both sides and the benefits drawn (e.g. interest), if applicable, must be returned. If you are unable to return all or part of the payments received or to return them only under deteriorated conditions, then you must compensate us where appropriate. This is not valid for the surrender of items if the deterioration of the item is exclusively attributable to the examination of the item such as could have been done in the retail shop, for example. You may also avoid the obligation for compensation for any deterioration incurred through appropriate use of the item by not using the item as your own and refraining from anything that will compromise its value. Items that can be shipped as a parcel must be returned at our own risk.
§ 6 Customer’s specification, Custom-made product, Customisation
All articles, especially foils and roller blinds, which must be cut to length or width for the client count as a customer specification.
These articles are generally excluded from the right of withdrawal, of exchange and of return.
§ 7 Reservation of title
All goods delivered to the buyer shall remain our property (Reserved Property) until all account balances have been settled. A use of the merchandise such as processing, combination or mixture is not authorized by §§ 947, 948, 950 BGB (German Civil Code), as long as these remain Reserved Property.
§ 8 Reminder, Infringement of rights of a third party
If the content or other things of our online shop violate rights of third parties or valid regulations in law please send us a message without cost accounting. Possible copyright violations must not be removed by the owner of the copyright themselves without our explicit consent. We guarantee that legitimately disputed passages will be promptly removed without the owner of the copyright having to resort to legal assistance. Without previous establishment of contact released costs are rejected in the full extent and release if necessary a counter-claim for infringement of afore mentioned provisions.
§ 9 Applicable Law, Jurisdiction
Valid for these business conditions and all legal affairs between PBS and the buyer is the Law of the Federal Republic of Germany.
§ 11 Severability Clause
Should a provision of these terms and conditions or a condition in the context of other agreements be or become invalid, this shall not impair the validity of all the remaining provisions or agreements.
Place of jurisdiction is Kaiserslautern.
If you have returns or questions please contact:
PBS - window films
Fon: 0800 - 688 7888
Sales tax identification / turnover tax (id) number: DE 142521265
Hereinafter called “PBS”.