General Terms & Conditions (GTCs)
of Petromax GmbH, hereinafter referred to as Petromax.
Revision date: 1 April 2022
1. Scope of validity
The following terms and conditions apply to all orders placed online, by telephone, by fax, by letter or by e mail with Petromax by consumers (hereinafter referred to as ‘Customer’) under section 13 of the German Civil Code (BGB, Bürgerliches Gesetzbuch) and are accepted by the Customer with each order.
Any deviating, conflicting or supplementary GTCs shall not become part of the contract unless their validity is expressly agreed on in writing. Any form-based (or specific) reference to the Customer’s terms and conditions is expressly contradicted.2. Conclusion of a contract
The presentation of the Petromax product range on the Internet does not constitute an offer according to section 145 et seqq. of the German Civil Code. By placing an order, the Customer submits a binding purchase offer to Petromax. Petromax is entitled to accept the order by delivering the goods and/or by notifying delivery in the form of an order confirmation per e mail within a period of 7 days following receipt of the order. Acceptance is subject to the availability of the goods, more specifically, subject to correct and timely delivery by Petromax’s suppliers.
The foregoing only applies as long as Petromax is not responsible for failure to deliver. In the event that the goods are not available, Petromax shall inform Customer immediately and reimburse any payment already made by Customer without delay. The auto-generated email confirming receipt of the Customer’s order is NOT considered as a binding acceptance of offer by Petromax. Within the scope of the ordering process, Customer shall bear the risk of unaccountable, incorrect transmission. The goods offered by Petromax are only sold in quantities customary in the trade.
The prices shown on the Internet at the time of order apply. The prices quoted are final prices, i.e., they include the applicable value-added tax at the statutory rate and other price components. Petromax reserves the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable.
The goods ordered shall be delivered to Customer by Petromax as quickly as possible subject to availability. If some of the goods ordered are not in stock, Petromax reserves the right to make partial deliveries. The costs of partial deliveries will be borne by Petromax.
5. Cancellation policy
You have the right to cancel this agreement within fourteen days without stating your reasons therefor. The cancellation period totals fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken or have taken possession of the goods.
To exercise your right of cancellation, you are required to provide us,
• Petromax GmbH
• Sudenburg Wuhne 61
• 39116 Magdeburg, Germany
• Phone: ++49 (0) 391-55684600
• Fax: ++49 (0) 391-55684601
• E-mail: firstname.lastname@example.org
with a clear statement of your decision to cancel this contract (for instance, via a letter sent by post, fax, or e mail). You may – but are not obliged to – use the cancellation form template for this purpose. You can electronically fill the cancellation form template or another clear declaration from our website (www.petromax.de) and send it to us. If you make use of this option, we shall confirm receipt of cancellation without further ado (e.g by e mail). To comply with the cancellation deadline, it suffices to notify us of your wish to exercise your right of cancellation before the cancellation period expiry date.
Consequences of cancellation:
If you withdraw from this contract, you shall be provided with a refund no later than fourteen days from the date on which we received notice of your cancellation of this contract. All payments received from you, including delivery charges (except for additional charges arising from your choice of a delivery method other than the low-cost standard delivery offered by us) shall be reimbursed. The refund will be made through the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event shall you be charged for this refund.
We reserve the right to withhold repayment up until we have received the goods or up until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct costs of returning the goods. You are only accountable for any loss in value of the goods incurred due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
Payment options available to every customer are prepayment, PayPal, or credit card (MasterCard/Visa). For registered customers with a customer account, purchase on account is also possible for deliveries within Germany and an order value amounting up to €100. Payment is due at the latest upon receipt of the goods and must be paid in full and without any deductions within 14 days following receipt of the goods.
7. Reservation of proprietary rights
All goods delivered remain the property of Petromax until full payment has been received. The reservation of title also extends to processed items and, in the event of a resale, to the purchase price claim (extended reservation of title).
Warranty is subject to the statutory provisions. In case a manufacturer grants longer product warranty, Customer may by all means claim the manufacturer warranty even after expiry of the seller’s warranty.
Customer's warranty claims are initially limited to a right to rectification or replacement delivery. If repair or replacement delivery fails, Customer shall be entitled to a reduction in the purchase price or to a withdrawal from the contract. Repair of defects shall be deemed a failure after the second unsuccessful attempt, unless specified otherwise, in particular concerning the nature of the item, the defect or other circumstances. In the event of incorrect operation and improper use of the goods, Customer must bear the costs of the technical inspection of the goods initiated by him or of the rectification or repair carried out at Customer’s request.
Apparent defects in the goods delivered must be reported to Petromax by e mail, letter or telephone within two weeks following handover of the goods.
9. Limitation of liability
Despite the greatest possible care taken during the preparation of the product range by Petromax, Petromax shall unfortunately be unable to assume any liability for the correctness of the manufacturer’s information, product descriptions and price quotations as well as any printing errors, technical changes, and continued availability of all goods. Petromax excludes liability for damage caused by simple negligence, unless such damage concerns essential contractual obligations, damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act (Produkthaftungsgesetz). The same applies to breaches of duty by Petromax’s agents.
10. Data protection
Data necessary for the business transaction will be stored and, if necessary, passed on to affiliated companies within the framework of order handling. This notice is provided in accordance with the provisions of section 33 (1) of the German Federal Data Protection Act (BDSG, Bundesdatenschutzgesetz). All personal data shall be assuredly treated as confidential. By placing an order, Customer agrees to the storage of his data. Customer is entitled to view his data at any time and, if necessary, to have such data changed and/or deleted. For requests for changes or deletion, Customer can contact Petromax at email@example.com.
11. Jurisdiction, applicable law, arbitration, invalidity clauses
This agreement is exclusively subject to the laws of the Federal Republic of Germany. Magdeburg is agreed upon as the place of jurisdiction. Petromax is neither legally nor voluntarily obliged to participate in a dispute resolution procedure before a consumer arbitration board under the Act on Alternative Dispute Resolution in Consumer Matters (Consumer Dispute Resolution Act – VSBG, Verbraucherstreitbeilegungsgesetz). Nor is Petromax willing and hereby refuses to participate in such proceedings if Customer requests such proceedings, wishes to have such proceedings carried out or initiates these in any other way.
In the event that individual provisions of this contract with Customer, including these General Terms and Conditions, are or become invalid as a whole or in part, such invalidity will not affect the validity of the remaining provisions.
The wholly or partially ineffective provision will be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.