General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( Prokhor Kolosov ) via the website prosha.store. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their 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 Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract .

Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment" or similar designation), you are making a binding offer to us.
You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) Acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 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.

§ 4 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

§ 5 Choice of law

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

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II. Customer information

1. Identity of the seller

Prokhor Kolosov

prokhor.kolosov@gmail.com

+4915229438800

Germany 10245 Berlin Gärtnerstraße 28

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

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 carried out in accordance with the provisions of the "Conclusion of the contract" section of 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 save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling 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 methods

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (credit transfer or exchange rate fees), which you must bear.

5.4. Any costs incurred in transferring money (credit transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state but payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.6. 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, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/ de/leistungen/ rechtssicherheit/agb-service .

last updated: September 9, 2024