Terms and Conditions of Panthera Automotive GmbH
General terms and conditions and consumer information for purchase contracts concluded via the online shop between Panthera Automotive GmbH (hereinafter referred to as the seller) and the customer (hereinafter referred to as the customer).
1. Scope
1 Unless individual agreements and arrangements take precedence over these terms and conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is hereby rejected.
2 The customer is considered a consumer to the extent that they enter into the contract for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or a legal partnership capable of holding rights and duties who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2. Contracting Party
The purchase contract is concluded with Panthera Automotive GmbH, represented by Managing Director Rafael Rahmig, Fritz-Arnold-Str. 16, 78467 Konstanz, Commercial Register: Amtsgericht Freiburg i.Br. HRB 713865.
3. Conclusion of Contract
1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to order.
2 By clicking the [Buy/Order for a fee] button, the customer places a binding order for the goods listed on the order page. The purchase contract for the ordered goods is concluded when the seller accepts the offer in writing [order confirmation].
3 The customer agrees to assign the seller’s claims for payment of the purchase price to third parties.
4 The subject matter of the contract is the goods and services specified by the customer in the course of the order and named in the order and/or order confirmation, at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of the goods.
5 The nature of the ordered goods can be found in the product descriptions in the online shop. Images on the website may represent the products inaccurately; in particular, colors may significantly differ for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions, and performance descriptions are given as precisely as possible but may have the usual deviations. The described characteristics do not constitute defects in the products delivered by the seller.
4. Delivery, Prices, Shipping Costs
1 Delivery to the shipping company is carried out at the latest two days after receipt of payment, in the case of payment by cash on delivery, at the latest two days after the order confirmation. The delivery time is up to five days. The seller indicates any deviations in delivery times on the respective product page.
2 Delivery is available within the EU and Switzerland.
3 All prices include the statutory value-added tax. The prices quoted include end consumer prices plus shipping costs. The customer receives an invoice with value-added tax shown.
5. Payment
Payment is made in advance (PayPal, bank transfer) or cash on delivery.
6. Transport Damage
1 If goods with obvious transport damage are delivered, the customer is asked to report these defects immediately to the carrier and to contact the seller as soon as possible.
2 Neglecting to make a complaint or contact the seller has no consequences for the customer’s legal warranty claims, but helps the seller make their own claims against the carrier or transport insurance.
7. Retention of Title
The goods remain the property of the seller until the purchase price has been paid in full.
8. Consumer Information
1 The contract language is German or English.
2 The presentation of the seller’s products and services on their website is for informational purposes only and does not constitute a binding offer for the services of Panthera Automotive GmbH. Contracts for the delivery of goods between you and Panthera Automotive GmbH are only concluded through email orders on your part via the input masks contained on the Panthera Automotive GmbH website and the subsequent confirmation of acceptance by Panthera Automotive GmbH. The acceptance is carried out via email by Panthera Automotive GmbH to the address provided by you during your registration.
3 We hereby inform you that, in addition to legal remedies, you also have the possibility of resolving disputes in connection with your online order out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the website: https://www.ec.europa.eu/consumers/odr
9. Dispute Resolution
The EU Commission provides a platform for online dispute resolution. This platform offers consumers the opportunity to resolve disputes related to their online orders without involving a court initially. The dispute resolution platform is accessible through the following external link: https://www.ec.europa.eu/consumers/odr. In this context, we are legally obliged to inform you about our email address, info@panthera-automotive.com. However, we are not willing or obligated to participate in dispute resolution procedures.
10. Right of Withdrawal for Distance Selling for Consumers
Right of Withdrawal
1 You have the right to withdraw from this contract within fourteen days without giving any reason.
2 The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
3 To exercise the right of withdrawal, you must inform us
Panthera Automotive GmbH Fritz-Arnold-Straße 16 78467 Konstanz Germany
Email: info@panthera-automotive.com
Tel.: +49 7531-80 20 15 20
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory.
4 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
1 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 we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
2 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
– To:
Panthera Automotive GmbH Fritz-Arnold-Straße 16 78467 Konstanz Germany
Email: info@panthera-automotive.com
Tel.: +49 7531-80 20 15 20
– I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for 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.