Terms of service

GTC GTC / General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) of Projektor AG

§ 1 Scope of application (Geltungsbereich)

These General Terms and Conditions apply to all business relationships between Projektor AG – hereinafter referred to as “Projektor AG” – and the customer, in particular also to all contracts concluded via an online shop of Projektor AG or via an online marketplace connected by Projektor AG. The GTC apply irrespective of whether the customer is a consumer (Verbraucher), an entrepreneur (Unternehmer) or a merchant (Kaufmann). The version of the GTC valid at the time the contract is concluded is authoritative.

Conflicting provisions of the customer, or provisions of the customer that deviate from the terms of sale, shall not apply unless Projektor AG has expressly agreed to their validity in written form.

Legally relevant declarations and notifications by the customer relating to the contract (e.g. setting of deadlines, notification of defects, rescission (Rücktritt) or reduction of the price (Minderung)) must be made in writing, i.e. in written form or text form (Schrift- oder Textform) (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the authority of the person making the declaration, remain unaffected.

§ 2 Conclusion of contract and offer

Contracts are concluded exclusively with Projektor AG, Gutenbergstraße 2, 48282 Emsdetten, general partner (persönlich haftender Gesellschafter): Projektor AG Holding GmbH, registry court (Registergericht): Amtsgericht Steinfurt HRB 6969, managing director (Geschäftsführer): Christoph Hertz.

The following applies to the conclusion of contracts in online shops:

• The presentation and advertising of the articles in the online shop of Projektor AG or via an online marketplace connected by Projektor AG do not constitute a binding offer to conclude a purchase contract. Orders placed online by the customer (via the “Order with obligation to pay” button) are binding and may be accepted by Projektor AG within two days; the customer’s right under § 9 to withdraw the order – insofar as the customer is a consumer – remains unaffected by this.
• The purchase contract with Projektor AG is not yet concluded by the order confirmation, but only when Projektor AG sends the order confirmation or availability confirmation. Delivery or partial delivery of the ordered goods is equivalent to the aforementioned confirmation. In the case of payment in advance, the purchase contract is concluded when the request for payment is sent.
• Should delivery of the goods ordered by the customer not be possible, for example because the corresponding goods are not in stock, Projektor AG will refrain from declaring acceptance. In this case, no contract is concluded. Projektor AG will inform the customer of this without undue delay and refund any consideration already received without undue delay.

The following applies to all other contracts:

• The offers of Projektor AG are subject to change and non-binding. This also applies if Projektor AG has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, cost estimates, references to DIN standards), other product descriptions or documents – including in electronic form – to which Projektor AG reserves property rights and copyrights.
• The order of the goods by the customer is deemed to be a binding contractual offer. Unless otherwise stated in the order, Projektor AG is entitled to accept this contractual offer within seven days of its receipt by Projektor AG, unless the order is placed via an online marketplace. In this case, the rules of the respective online marketplace apply.
• Acceptance may be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the customer.

§ 3 Delivery and dates

• Projektor AG is not responsible, even in the case of bindingly agreed deadlines, for delays in delivery and performance which lie outside the sphere of influence of Projektor AG and which make delivery or performance significantly more difficult or impossible, such as strikes, lockouts, official orders, epidemics/pandemics. This also applies if such circumstances occur at suppliers or their sub-suppliers. In this case, the agreed deadlines and dates are extended appropriately. Projektor AG will inform the customer of the occurrence and duration of such obstacles as quickly as possible.
• The goods are delivered by Projektor AG or by a transport company commissioned by Projektor AG. The goods are insured by Projektor AG against loss and damage if the customer is a consumer. If the insurance is not to be used, Projektor AG must be notified of this in writing. In this case, the customer bears the risk of deterioration or loss of the goods.
• The customer who is a consumer within the meaning of § 13 BGB is requested to report externally visible transport damage to the delivery agent (forwarder/postal worker) without undue delay and to have the agent acknowledge it in writing. However, failure to make this complaint has no consequences for the customer’s statutory claims (cf. §§ 5, 6 of these GTC).

If there are justified indications of a risk of non-payment, Projektor AG reserves the right to deliver only after receipt of the purchase price plus shipping costs (reservation of payment in advance, Vorkassevorbehalt). If Projektor AG makes use of the reservation of payment in advance, it will inform the customer without undue delay. In this case, the delivery period begins upon payment of the purchase price and the shipping costs.

§ 4 Prices, set-off (Aufrechnung)

Unless otherwise indicated, prices are in each case inclusive of statutory VAT and exclusive of packaging and transport.

The following applies to the online shops of Projektor AG:

The shipping costs are stated in the price information of the online shop. The price, including VAT where applicable, and the applicable shipping costs are also displayed in the order form before the customer submits the order.

The following applies to all other contracts:

Unless otherwise agreed in the individual case, the prices current at the time of conclusion of the contract apply, ex warehouse, plus statutory VAT.

Set-off:

The customer is not entitled to set off against claims of Projektor AG unless the counterclaims have been finally and conclusively established by a court or are undisputed. The customer is also entitled to set off against claims of Projektor AG if the customer asserts notices of defects or counterclaims arising from the same purchase contract.

As a buyer, the customer may only exercise a right of retention (Zurückbehaltungsrecht) if the counterclaim arises from the same purchase contract.

§ 5 Statutory warranty (Gewährleistung)

Projektor AG is liable for material defects or defects of title (Sach- oder Rechtsmängel) of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB and – where applicable – §§ 327 ff. BGB and §§ 475a ff. BGB.

The following provisions apply to entrepreneurs/merchants:

• If the customer is an entrepreneur/merchant, the customer is obliged to inspect the goods for obvious defects without undue delay after receipt and, if a defect becomes apparent, to notify Projektor AG without undue delay. In this respect, § 377 HGB applies. Defects that are not recognisable must be notified in writing without undue delay after their discovery. If the customer fails to carry out the proper inspection and/or notification of defects, the liability of Projektor AG for the defect that was not notified, or not notified in time or properly, is excluded in accordance with the statutory provisions.
• If the customer discovers a defect in the goods and a warranty case exists, Projektor AG is entitled to remedy the defect free of charge (Nachbesserung) or to make a replacement delivery. If Projektor AG is not prepared to remedy the defect or make a replacement delivery, or if a total of three attempts at remedying the defect fail, the customer is entitled to rescind the purchase contract or to reduce the purchase price.
• If the examination of the notification of defects shows that no warranty case exists, Projektor AG is entitled to invoice the customer for the expenses incurred as a result.
• Insofar as used goods are concerned, the goods are sold with the exclusion of liability for material defects. This exclusion does not apply to claims for damages arising from liability for material defects which are based on a grossly negligent or intentional breach of duties by Projektor AG or its vicarious agents (Erfüllungsgehilfen), nor in the event of injury to life, body and health.
• Below you will find the legally required notice on the statutory warranty:

  

§ 6 Retention of title (Eigentumsvorbehalt) towards consumers

Projektor AG retains title to the delivered goods until all claims arising from the supply contract have been paid in full.

In the event of seizures or other interventions by third parties, the customer must inform the third party of the rights to which Projektor AG is entitled in the purchased item and notify Projektor AG without undue delay. If the customer breaches this obligation, the customer is liable for the resulting damage. The customer is not entitled to pledge the items delivered under retention of title.

§ 7 Retention of title towards entrepreneurs/merchants

• Projektor AG retains title to the goods sold until full payment of all present and future claims of Projektor AG arising from the purchase contract and an ongoing business relationship (secured claims).
• The goods subject to retention of title may neither be pledged to third parties nor transferred by way of security before full payment of the secured claims. The customer must notify Projektor AG in writing without undue delay if an application for the opening of insolvency proceedings is filed or if third parties access the goods belonging to Projektor AG (e.g. seizures).
• In the event of conduct by the customer in breach of contract, in particular in the event of non-payment of the purchase price due, Projektor AG is entitled to rescind the contract in accordance with the statutory provisions and/or to demand return of the goods on the basis of the retention of title. The demand for return does not at the same time constitute a declaration of rescission; rather, Projektor AG is entitled merely to demand return of the goods and to reserve the right to rescind. If the customer does not pay the purchase price due, Projektor AG may only assert these rights if Projektor AG has previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable under the statutory provisions.
• Until revocation in accordance with (c) below, the customer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.
• The retention of title extends to the products created by processing, mixing or combining the goods of Projektor AG at their full value, whereby Projektor AG is deemed to be the manufacturer. If, in the case of processing, mixing or combining with goods of third parties, their right of ownership remains, Projektor AG acquires co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
• The customer hereby assigns to Projektor AG, by way of security, the claims against third parties arising from the resale of the goods or the product, in full or in the amount of any co-ownership share of Projektor AG in accordance with the preceding paragraph. Projektor AG accepts the assignment. The obligations of the customer stated in para. 2 also apply with regard to the assigned claims.
• The customer remains authorised to collect the claim alongside Projektor AG. Projektor AG undertakes not to collect the claim as long as the customer meets the customer’s payment obligations towards Projektor AG, there is no deficiency in the customer’s ability to pay and Projektor AG does not assert the retention of title by exercising a right in accordance with para. 3. If this is the case, however, Projektor AG may demand that the customer discloses to Projektor AG the assigned claims and their debtors, provides all information required for collection, hands over the related documents and informs the debtors (third parties) of the assignment. In addition, in this case Projektor AG is entitled to revoke the customer’s authorisation to further sell and process the goods subject to retention of title.
• If the realisable value of the securities exceeds the claims of Projektor AG by more than 10%, Projektor AG will release securities of its choice at the customer’s request.

§ 8 Data protection

All data transmitted by the customer are handled and processed by Projektor AG in compliance with the relevant data protection provisions. Further information can be found by the customer in the privacy notices on the websites of Projektor AG.

§ 9 Right of withdrawal (Widerrufsrecht) for consumers

Instructions on withdrawal (Widerrufsbelehrung)

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

You have the right to withdraw from 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 other than the carrier and indicated by you, acquire(s) physical possession of the goods.

In the case of a contract for several goods which you have ordered in one single order and which are delivered separately, the withdrawal period begins on the day on which you, or a third party other than the carrier and indicated by you, acquire(s) physical possession of the last good.

To exercise your right of withdrawal, you must inform us (Projektor AG, c/o visunext SE, Gutenbergstraße 2, 48282 Emsdetten, vertrieb@projektor.ag, fax: 0221 71998179, telephone: 0221 719981-0) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but it is not obligatory. You can use this model withdrawal form or also complete and submit our withdrawal form electronically on our website. If you make use of this option, we will send you an acknowledgement of receipt of such a withdrawal without undue delay (e.g. by 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.

Effects 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 fourteen days from the day on which the goods to be returned have been received by us.

The following applies to goods that can be sent by parcel: you will receive a free return label from us by e-mail and can use it to return the goods to us. Please send the goods unused, in their original packaging and packed securely against breakage.

Products that are shipped at the standard rate but cannot be sent by parcel due to their nature (over-length or bulky goods such as projection screens, displays, boards or furniture and the like) will be collected from you. The costs of this collection are to be borne by you. For a projection screen, the costs of collection in Germany (mainland only) amount to EUR 35 (incl. VAT) and for freight goods in Germany (mainland only) to EUR 79 (per pallet incl. VAT). Shipments sent carriage forward (unfreie Sendungen) are not accepted as a matter of principle.

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 was not necessary for examining their nature, characteristics and functioning.

For the reimbursement, we will use the same means of payment that you used for the original transaction. In no event will you be charged any fees as a result of this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods insured, whichever is the earlier.

Special notes

If you finance this contract by means of a loan and later withdraw from it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are at the same time your lender or if your lender makes use of our cooperation with regard to the financing. If we have already received the loan when the withdrawal or the return of the goods takes effect, your lender assumes our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or the return. The latter does not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you wish to avoid a contractual commitment as far as possible, exercise your right of withdrawal and, in addition, withdraw from the loan agreement if you also have a right of withdrawal in respect of it.

End of instructions on withdrawal

Exceptions to the right of withdrawal

The above-mentioned right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Model withdrawal form (Muster-Widerrufsformular)

(If you wish to withdraw from the contract, please fill in this information and send it back to us.)

To Projektor AG, c/o visunext SE, Gutenbergstraße 2, 48282 Emsdetten, fax: 0221 71998179,

e-mail: vertrieb@projektor.ag:

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate

§ 10 Payment

All claims become due upon invoicing. They are payable without deduction of a cash discount (Skonto) unless other arrangements have been made. Invoicing generally takes place upon delivery of the goods.

If the customer is a consumer within the meaning of § 13 BGB, payment is made – as a rule, insofar as possible in the respective online shop and/or online marketplace – either by cash on delivery, by payment in advance, by invoice, by PayPal, by Amazon Payments, by credit card (Mastercard or Visa) or by EC card payment upon collection. In the case of payment by direct debit (PayPal or Amazon Payments), the account is debited upon completion of the order. In the case of purchase on account, the invoice amount is payable – unless otherwise agreed – within 10 days of receipt of the invoice. The customer automatically falls into default (Verzug) if the customer does not pay the invoice within 14 days of receipt of the invoice, without the need for any further reminder from Projektor AG.

If the customer is a merchant/entrepreneur, payment is made as agreed.

If the customer is in default of payment, Projektor AG is entitled to demand default interest of 5%, or of 9% in the case of merchants, above the key interest rate of the European Central Bank, unless the customer proves a lower damage or Projektor AG proves a higher damage.

Should the customer owe Projektor AG several payments, Projektor AG is entitled, notwithstanding any contrary repayment designations by the customer, to settle first the debt that is due and, among several debts that are due, the oldest debt in each case.

§ 11 Liability

• In all cases of contractual and non-contractual liability, Projektor AG is liable to the customer in the event of intent and gross negligence, in accordance with the statutory provisions, for damages or reimbursement of futile expenses.
• In other cases, Projektor AG is liable – unless otherwise provided in para. 3 – only for the breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (so-called cardinal obligation, Kardinalpflicht), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of Projektor AG is excluded, subject to the provision in para. 3.
• The liability of Projektor AG for damage resulting from injury to life, body or health and under the Product Liability Act (Produkthaftungsgesetz) remains unaffected by the above limitations and exclusions of liability.

§ 12 Limitation period (Verjährung) towards entrepreneurs/merchants

• In derogation from § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one year from delivery. Where acceptance (Abnahme) has been agreed, the limitation period begins upon acceptance.
• The above limitation periods under the law on sales also apply to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case. Claims for damages by the customer pursuant to § 11 para. 3 become time-barred exclusively in accordance with the statutory limitation periods.

§ 13 Severability clause (Salvatorische Klausel)

Should a provision of these terms of sale be or become invalid in whole or in part, this shall not affect the validity of the remainder of this provision or of these terms of sale as a whole.

§ 14 Place of jurisdiction (Gerichtsstand), place of performance (Erfüllungsort), applicable law and contract language

If the customer is a registered merchant (Vollkaufmann), the place of jurisdiction is the Local Court (Amtsgericht) in Steinfurt. However, this does not preclude Projektor AG from bringing an action at the court of the customer’s place of residence.

The place of performance is Emsdetten, provided that the customer is a registered merchant and the order confirmation does not state otherwise.

For private end consumers whose place of residence is outside the European Union, the place of jurisdiction is the Local Court (Amtsgericht) in Steinfurt. For private end consumers within the European Union, the law of the end consumer’s place of residence may be applicable if mandatory consumer law provisions are concerned.

The contract language is German.