Terms of service
General Terms and Conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms apply to all contracts that you conclude with us as the supplier (Petzrella Kft.) via the website cosylegs.com. Unless otherwise agreed, the inclusion of any terms of your own is excluded.
(2) A ‘consumer’ within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity. A ‘trader’ is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions stated 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 call up the “shopping cart” at any time using the corresponding button in the navigation bar and make changes there.
After clicking the button “Checkout” or “Proceed to order” (or a similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the option to check the information in the order overview once again, to change it (also via the “Back” function of your web browser) or to cancel the purchase.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “pay” / “pay now” or a similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct and that you are technically able to receive emails.
§ 3 Customised goods
(1) You shall provide us with the information, texts or files required for the customisation of the goods via the online ordering system or by email. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights and trademark rights) or violates applicable laws.
In the event of a breach of this obligation, you shall be liable to us for any damage we incur as a result of justified claims made against us by third parties. This does not apply if you are not responsible for the infringement.
(3) You are obliged to check the data for correctness of content before transmitting it. We do not check the data transmitted.
§ 4 Special agreements on the payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labelled button on our website and in the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Shopify Payments”
If you select a payment method offered via “Shopify Payments”, a service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership passes.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(3) If you are a trader, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by remedying the defect or by replacement delivery. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. The remedy shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of remedy, we are not obliged to bear increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply
- to culpable damage attributable to us arising from injury to life, body or health and to other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by the mandatory provisions of the law of the country in which they have their habitual residence (favourability principle).
(2) If you are not a consumer but a trader, a legal entity under public law or a special fund under public law, our registered office is the place of performance and the place of jurisdiction for all services arising from the business relationships with us. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before the court of another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Petzrella Kft.
Lővér körút 4
9400 Sopron
Hungary
Telephone: +43 676 4328227
Email: cosylegs79@gmail.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is English.
3.2. We do not store the complete text of the contract. Before the order is sent, the contract data can be printed out or saved electronically using the print function of your browser. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment arrangements
5.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. In the case of deliveries to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange fees charged by banks), which are to be borne by you.
5.3. You shall bear the costs of money transfers (transfer or exchange fees charged by banks) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7. Statutory warranty rights
These General Terms and Conditions and customer information were drawn up by the IT-law specialists of the Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.