§ 1. CONTRACTUAL PARTNERS, AREA OF APPLICATION
(1) Contractual partners within the framework of the following general terms and conditions are Pantheon Distribution GmbH (hereinafter referred to as “Pantheon”), Josef-Ressel Strasse 8, 2362 Biedermannsdorf and the customer.
(2) All deliveries and services that Pantheon provides for customers are based exclusively on the following General Terms and Conditions in the version valid at the time of the order.
(3) Deviating regulations are contradicted. Regulations other than those contained herein only become effective with the express agreement of a representative of Pantheon authorized to manage the company (managing director, authorized signatory or authorized representative) and the respective customer. All communication within the framework of the declarations relevant to the contract takes place in German.
§ 2. CONCLUSION OF CONTRACT
(1) The offers from Pantheon on their website represent a non-binding invitation to the customer to order goods from Pantheon.
(2) Once you have selected the product you want, you can place it in the shopping cart without obligation by clicking the “Add to shopping cart” button. You can view the contents of the shopping cart without obligation at any time by clicking the “My shopping cart” button. You can remove the products from the shopping cart at any time by clicking the delete button. If you want to buy the products in the shopping cart, click the “Proceed to checkout” button. Please then enter your details. When ordering for the first time, you have the option of registering as a “new user” or you can complete the ordering process as a “guest” without registering. For registered users, it is sufficient to enter the login and password specified by the user during the initial registration for further orders. Users who have placed their first order as a guest have to re-enter the data for further orders. Your data will be transmitted in encrypted form.
§ 3. PRICES
(1) All prices quoted include the applicable statutory value-added tax without costs of packaging and shipping at the time of the order.
(2) All prices mentioned, also for packaging and shipping, apply to Germany and only at the time of the order. When the Pantheon website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.
(3) All offers on our website are subject to change, non-binding and (unless otherwise stated) only available while stocks last.
§ 4. PAYMENT
We accept the following payment methods:
- PayPal payment
In the case of PayPal payment, the charge is made immediately after the payment has been confirmed on the PayPal website. In order to be able to make the payment successfully, the customer has to enter his PayPal username and his PayPal password.
We do not collect data on payment via PayPal, as PayPal payments are processed through our payment partner PayUnity ( www.payunity.com ). Our payment partner encrypts the customer’s data using SSL (at least 128bit) during data transmission and thus they are not visible to unauthorized persons.
More information about PayUnity
- Credit card (MasterCard with MasterCard Secure Code, Visa with Verified by Visa) If you pay by credit card, you will be charged on the same day. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code and, depending on the credit card, the MasterCard Secure Code or the Verified by Visa Code.
If you choose to pay in advance, your order will be reserved for 5 calendar days after receipt. When making the transfer, please state the order number as the purpose. You can find the bank details in the confirmation of receipt which will be sent to you by email after completing the order. The delivery takes place only after receipt of payment by Pantheon Distribution. If we do not receive any payment within 5 calendar days, your order will be automatically canceled.
§ 5. RIGHT OF WITHDRAWAL
(RIGHT OF WITHDRAWAL)
If the customer is a natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (consumer), the customer has a right of revocation according to § 312g i. V. m. § 355 BGB.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the last Have taken possession of the goods.
In order to exercise your right of withdrawal, you must send us (Pantheon Distribution GmbH, Josef-Ressel Strasse 8, 2362 Biedermannsdorf, Germany, Tel .: +43 2236 711234, email: email@example.com) a clear declaration (e.g. letter sent by post, telephone, fax or e-mail) of your decision to withdraw from this contract. You can use the following sample cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation,
You have the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to us
Pantheon Distribution GmbH
Josef-Ressel Strasse 8
Tel: +43 2236 711234
info @ pantheondistribution. com
to return or hand over. The deadline is met if you send the goods before the period of fourteen days has expired. In the case of large devices and goods that cannot be shipped as parcels, please contact Pantheon’s customer service at firstname.lastname@example.org or on +43 2236 711234 before returning them so that the return can be organized. You bear the direct costs of returning the goods.
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 is not necessary to check the nature, properties and functionality of the goods.
If the customer is an entrepreneur, a revocation is completely excluded.
Instructions for the smoothest possible processing of the return
Please send the item back to us properly packaged, if possible complete, including accessories in the original packaging. The use of the original packaging is not a “must”, ie not a prerequisite for asserting your rights, but it simplifies and secures the process for us.
The consumer has no right of withdrawal for contracts about :
- Goods that are delivered sealed and are unsuitable for return for health or hygiene reasons, provided that the seal has been removed after delivery. In-ear headphones are considered hygiene articles because their design means that they are worn in the ear and thus come into contact with secretions from the wax glands. It is therefore not possible to take back in-ear headphones where the seal has been opened.
- Sound or video recordings or computer software that are supplied in a sealed package, provided that the seal has been removed after delivery.
Ultimately, the consumer has no right of withdrawal for contracts that are concluded at a public auction.
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück)
Pantheon Distribution GmbH
Josef-Ressel Strasse 8
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag
über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*):
Bestellt am______________(*)/erhalten am_______________ (*)Name des/der Verbraucher(s):_____________________________________________________
Anschrift des/der Verbraucher(s):
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
(*) Unzutreffendes bitte streichen.
§ 6. DELIVERY CONDITIONS
(1) The delivery takes place via shipment from the warehouse to the delivery address provided by the customer. The delivery time for goods marked as “immediately available” is 1-3 working days. The delivery time for items sent by a freight forwarder is 3-7 working days. The delivery period begins when the contract confirmation is sent by email. In any case, we deliver within the statutory period of 30 calendar days. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day will take the place of such a day.
(2) If the customer chooses advance payment, the goods will be reserved for the customer upon acceptance of the contract, but will only be sent after the amount of money has been received on Pantheon’s account. The customer is therefore asked to take this into account when placing his order and to submit the agreed advance payment in good time (within 7 calendar days).
(3) If the customer chooses advance payment and the amount of money has not been credited to Pantheon’s account within seven days, Pantheon can withdraw from the contract. As far as Pantheon adheres to the contract, the delivery times stated at the time of the order no longer apply. Rather, instead of the originally stated delivery time, the one shown for the product at the time the money is received by Pantheon in the Pantheon shop is used.
(4) The availability of the goods results from the electronic catalog. The time of dispatch results from the sending of the contract confirmation. Every delivery is subject to the fact that Pantheon itself is supplied on time and properly; the following paragraphs apply.
(5) Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by the customer is not available despite timely disposition for reasons for which Pantheon is not responsible, the deadline will be appropriately extended. The customer will be informed immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract. In doing so, Pantheon will immediately inform the customer of the unavailability and, in the event of withdrawal, immediately reimburse the customer for any payments already made.
(6) Insofar as Pantheon u is in default of delivery for reasons for which it is responsible or delivery becomes impossible, and this is not due to intent or gross negligence, liability for damage is excluded. Further claims of the customer remain reserved.
(7) If delays in delivery are due to reasons for which Pantheon is not responsible (force majeure, fault of third parties, etc.) the deadline will be extended appropriately. The customer will be informed immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
(8) Delivery time for goods marked as “not in stock”. Goods that are marked as “not in stock” in the electronic catalog are currently not in stock and have been or will be reordered by our purchasing department after the order has been received. After ordering such an item marked as “not in stock”, our customer service will inform the customer of the delivery time separately by email. If the customer would like to be informed about the delivery time in advance, he can inquire about this from our customer service , stating the item number.
§ 7. TRANSPORT DAMAGE
If products and goods are delivered with obvious transport damage, the customer is asked to complain immediately to the supplier and to contact Pantheon, email@example.com The customer will help enforce Pantheon’s claims against carriers and transport companies. Failure to lodge a complaint or to contact Pantheon has no consequences for the customer and his rights, in particular warranty rights.
§ 8. RESERVATION OF TITLE
(1) The ordered goods remain the property of Pantheon until they have been paid for in full.
(2) Before transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or redesign is not permitted without the express consent of Pantheon.
§ 9. WARRANTY
(1) The customer’s claims against Pantheon in the event of defects are based on the statutory provisions within the statutory deadlines, insofar as the following regulations do not result in deviations. The statutory warranty period is currently 2 years.
(2) Damage caused by improper or non-contractual measures by the customer during installation, connection, operation or storage do not justify a claim against Pantheon. The inappropriateness and lack of conformity with the contract are determined in particular according to the information provided by the manufacturer.
(3) When purchasing a used item, the customer’s claims for defects expire three months after receipt of the goods. Irrespective of this, the seller is liable under the Product Liability Act.
(4) If the customer is an entrepreneur and the ordered service is provided for his business, his claims in the event of defects expire three years after receipt of the goods.
§ 10. REPAIR COSTS / ESTIMATES
If goods are sent to Pantheon or a contracted workshop for repair and the defects, damage or other changes or deterioration of the goods are not material defects that trigger statutory warranty claims or guarantee claims against the manufacturer, the necessary fees for cost estimates are incurred To reimburse Pantheon for repairs and similar costs from the customer.
§ 11. LIABILITY
(1) Pantheon is only responsible for intent and gross negligence. It is up to the customer to ensure that his data is backed up. Pantheon is not liable for any loss of data by the customer on storage media purchased from Pantheon (computers, notebooks, hard drives, storage media, etc.).
(2) Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation has been culpably breached, Pantheon’s liability for damages is limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or the body, Pantheon is liable in accordance with the statutory provisions. The liability under the provisions of the Product Liability Act remains unaffected. Moreover, liability is excluded.
§ 12. DATA PROTECTION
The data processing takes place in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
§ 13. PLACE OF JURISDICTION
(1) If the consumer (consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed) has his domicile or habitual residence in Germany or is he employed in Germany, for a lawsuit against him according to §§88, 89, 93 paragraph 2 and 104 paragraph 1 JN only the jurisdiction of the court can be established in whose district the place of residence, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the consumer law provisions at the consumer’s place of residence are also applicable to the contractual relationship.
(2) If the customer is a merchant (anyone who operates a trade or who is classified as a merchant for other legal reasons in the HGB), a legal entity under public law or a special fund under public law, Vienna is the exclusive place of jurisdiction for everyone arising from the contractual relationship, directly or indirectly resulting disputes. The same applies if a customer does not have a general place of jurisdiction in Germany, a customer has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is brought.
§ 14. GOVERNING LAW
German law applies to the conclusion and processing of all contracts. The validity of the UN sales law is excluded.
§ 15. COMPLAINTS / DISPUTE RESOLUTION
Alternative dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are ready to take part in an out-of-court arbitration process.