Note: The English translation of PROUT AT WORKs terms and conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German-language version is legally binding.
General terms and conditions of the PROUT AT WORK Foundation for the online shop (as of February 22, 2024)
§ 1 Validity, definitions of terms
(1) PrOut@Work-Foundation, Mainzer Str. 11, 80804 Munich, Germany (hereinafter: “we” or “PROUT AT WORK”) operates an online shop for goods under the website https://www.proutatwork.de/shop. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations regarding the conclusion of the contract apply to orders via our online shop https://www.proutatwork.de/shop.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “Go to order overview” or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the general terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us to the email address provided within three working days.
(4) If the contract is concluded, the contract is concluded with PrOut@Work-Foundation, Mainzer Str. 11, 80804 Munich, Germany.
(5) Before ordering, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, takes place via email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the ordering process early, closing the browser window and repeating the process.
(7) The processing of the order and the 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 provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject of the contract and essential features of the products
(1) The subject of the contract in our online shop is:
- The sale of goods. You can find the specific goods on offer on our article pages.
(2) The essential features of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the item description (negative quality agreement). To the extent that the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 3-4 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place in the following countries: Germany, Switzerland, Austria.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Contract language
As contract language german will be available exclusively.
§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.
(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for resulting property and financial damage is limited to the damage that is typically foreseeable in the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in §3.
§ 9 Warranty
(1) The warranty is based on the legal provisions.
(2) For entrepreneurs, the warranty period for items delivered is 12 months.
(3) As a consumer, you are asked to immediately check the item/digital goods or the service provided upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as quickly as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer’s country of habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
Right of withdrawal
(Consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.)
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day
- on which you or a third party named by you who is not the carrier took possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered in a single manner, or
- on which you or a third party named by you who is not the carrier took possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately, or
- on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece, provided you have ordered goods that are delivered in several partial shipments or pieces, or
- on which you or a third party named by you who is not the carrier took possession of the first goods, provided that you have concluded a contract for the regular delivery of goods over a fixed period of time.
In order to exercise your right of withdrawal, you must contact us (Pr0ut@Work-Foundation, Mainzer Str. 11, 80804 Munich, Germany, telephone number: +49 89 14347800, email address: info@proutatwork.de) by means of a clear statement (e.g. a letter sent by post, email) informing us of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of withdrawal
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other 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 use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, 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 your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To
Pr0ut@Work-Foundation, Mainzer Str. 11, 80804 Munich, Germany, telephone number: +49 89 14347800, email address: info@proutatwork.de
– I/we (*) hereby revoke 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 the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
– Date
___________
(*) Delete what is not applicable.