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General commercial terms and conditions of the Pat Says Now Ltd.

§ 1 General - Scope
1. The following terms and conditions apply to all business activity between Pat Says Now GmbH & Co. KG and the customer. The version is valid that is applicable at the time the contract was concluded.
2. Under our terms and conditions customers are considered to be natural entities that enter into a business relationship but do not act as independent contractors or as a commercial business. Under our terms and conditions companies are considered to be natural or legal entities or private companies, who enter into a business relationship acting as independent contractors or as a commercial business. Under our terms and conditions customers are both customers and independent contractors.
3. Agreements which deviate, supplement, or are in opposition to the general terms and conditions of business will not be considered to be part of the contract, unless their validity is explicitly agreed to in writing.

§ 2 Conclusion of the Contract
1. Our offers are subject to change without notice. We also reserve the right to make technical modifications and other changes as long as they are reasonable.
2. By placing an order the customers makes a legally binding offer to contract. We will immediately confirm receipt of the customer's order. Confirmation of receipt does not require us to accept the order. However, confirmation of receipt can be made together with the declaration of acceptance.
3. We are entitled to accept the contractual offer which is part of the order, for a period of three business days after receipt.
We are entitled to reject the order after examining the creditworthiness of the customer if necessary.
We are entitled to limit the size of orders if the order exceeds the usual quantity.
4. The conclusion of the contract is based on our reserved right to delay delivery or make only partial deliveries in cases where our suppliers do not deliver in a proper or timely fashion.
The customer will be informed immediately if orders are not available or only partially available. Any advanced payment will be promptly refunded.
5. The wording of the contract is stored digitally by us and sent to the customer via e-mail after the contract is concluded along with the terms and conditions that take effect.

§ 3 Right to Withdraw from Contract and Return Merchandise
1. The customer has the right to withdraw from the contract within a 2 week period following receipt of the goods. The customer can withdraw from the contract by returning the merchandise or sending a brief note. A detailed explanation is not required. Compliance with the deadline is determined by the post date of the correspondence. The withdrawal notice and/or the return of the merchandise must be sent to:

Pat Says Now GmbH & Co. KG
Weusterstrasse 7
46240 Bottrop
Tel. (+49) (0)2041-37 28 100
Fax (+49) (0)2041-37 28 444
E-Mail: mouse@pat-says-now.com

2. The consumer is obligated to return the goods by packaged mail if he should decide to withdraw from the contract. Return shipment of orders valued at € 40.00 or less must be paid for by the customer unless the goods delivered are defective or not the same as ordered. Return shipment of orders valued at € 40.00 or more must not be paid for by the customer. Return shipment of these orders within Germany, if made during the period allowed, are free of charge.
3. The consumer will be required to compensate for any loss of value resulting from improper use of the goods before they are returned. The customer is allowed to carefully examine the goods. If the merchandise can no longer be sold as "new" the consumer must compensate for any loss of value that can be attributed to using of the goods in a way that exceeds normal examination.

§4 Terms of Delivery, Delivery Times, and Charges

Our current shipping and handling conditions can always be found here.

§ 5 Due-date, Payment, and Arrears
1. The price of the offer is binding. The legal amount of VAT is included in the price. The applicable standard shipping charge for this order as outlined under § 4 "Delivery" is added to the price of the mail order purchase.
2. Late payments will be assesses an interest penalty at 5% above the base interest rate for the period the customer is in arrears. Late payments will be assesses an interest penalty at 8% above the base interest rate for the period an independent contractor is in arrears. We reserve the right to assess an independent contractor with a higher interest charge.

§ 6 Offset, Right to Refuse Payment
The customer is entitled to an offset if his claims for compensation are determined to be valid or they are accepted by us.
The customer may only exercise a right to refuse payment for compensation claims is based on the same contractual relationship.

§ 7 Liability for Defects / Limitations on and Exemptions from Liability
1. The customer may choose between subsequent improvement and replacement of defective goods delivered. We are entitled to refuse the method of subsequent improvement if the costs are disproportionate to the value of the goods and an alternate method does not adversely affect the customer.
2. If subsequent improvement fails, the customer can choose between a reduction in the purchase price, cancel the contract, or demand compensation in some other form. If the customer chooses compensation instead of performance then the liability limitations apply as outlined in numbers 5 and 6 that follow. Insignificant defects do not entitle the customer to withdraw from the contract.
3. Non-commercial customers are granted a 3 year warranty period starting with the delivery date. Our potential liability under the product liability law remains in effect.
5. Our liability is limited to the predictable and contract typical average amount of damage associated with minor negligent breaches of duty. This also applies for insignificant breaches of duty by our legal representatives or our commercial assistants.
6. The previously stated limitations of liability do not affect claims made by the customer based on product liability. The liability limitations concerning bodily harm, health risks, and loss of life by the customer non-attributable to us still apply.
7. We are not responsible for the content of third-party websites accessed through links set by us. We do not endorse or adopt any content found on third-party websites. Should we become aware of such third-party web sites containing unlawful content we will immediately block access to these sites.
8. The customer exempts us from any compensation claims involving damage to the customer by a third party - irrespective of whether such acts are deliberate or attributed to negligence.

§ 8 Data Protection, Collection, Processing, and use of Personal Information of our Customers
1. The customer has been adequately informed as to the type, extent, location, and purpose of collection, the processing and use of personal data which is required for the execution of orders, and his right to refuse the use of his anonymous user profile for the purpose of advertising, market research, or for the design of the service according to customer demands (see "Data Protection Information").
2. The customer gives his express consent to the collection, processing, and use of his personal data. He shall have the right to revoke such consent at any time with immediate effect on future use (see "Data Protection Information").

§ 9 Final Provisions, Applicable Law
1. The law of the Federal Republic of Germany shall apply. This choice of law shall only apply to the extent the customer is not deprived of his standard legal rights that would otherwise protect him in his country of residence when not contracting for professional or commercial reasons.
The United Nations Conventions on Contracts for the International Sale of Goods is not applicable.
2. Our principal place of business shall be the exclusive venue of jurisdiction concerning all disputes arising under this contract if the customer is a businessperson, a legal entity under public law, or a public special-purpose fund. The same applies even if the customer does not have general court jurisdiction in Germany or the residence and the usual domicile of the customer is unknown when the law suit is filed.
3. Should any individual provision of this contract with the customer, to include the general terms and conditions of business, or any part of any provision is or becomes void, illegal, or unenforceable, the validity of the remaining provisions hereof shall not be affected. In such cases, the invalid provisions shall be replaced by provisions that are closest to ensuring the economic success of those provision being replaced.

Data protection
Shipping and Charges