Terms of service

General Conditions of Sale

Scope of application

These terms and conditions apply to all purchases at perarca UG (haftungsbeschränkt) , the are made by private customers. Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, provided that the goods they have ordered cannot be attributed to their commercial or independent professional activity.

Prices and shipping costs

The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details here. The regular costs of returning the goods in the event that you return the goods in exercising your right of withdrawal arise, we carry. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment

Payment is made on delivery via
- Apple Pay
- Google Pay
- Credit Card
- Direct Debit
- Invoice
- PayPal
- Klarna
- Shop Pay
- Bancontact
- iDEAL
- eps transfer

Late payment

If you are in default of payment, perarca UG (haftungsbeschränkt) is entitled to demand default interest of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank for the time of the order. If perarca UG (haftungsbeschränkt)
has demonstrably incurred higher damage caused by default, perarca UG (haftungsbeschränkt) is entitled to assert this.

Right of retention

The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery is made to the delivery address specified by the customer worldwide

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, perarca UG (haftungsbeschränkt) is not obliged to perform. Amounts already paid will be reimbursed immediately by perarca UG (haftungsbeschränkt)
.

(3) perarca UG(haftungsbeschränkt) can also refuse performance if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the Purchase contract stands. Amounts already paid will be reimbursed immediately by perarca UG (haftungsbeschränkt).

(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. perarca UG

(haftungsbeschränkt) expressly points out that these goods are not carried into the house. 

Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.

(2) Please use the fully franked and addressed return label enclosed with the delivery of the goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.


Reservation of title

The delivered goods remain the property of perarca UG (haftungsbeschränkt) until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.


Defect rights

(1) p erarca UG(haftungsbeschränkt) will replace a defective product (warranty case) with a defect-free product or have it professionally repaired (supplementary performance) at the discretion of the customer at the expense of perarca UG (haftungsbeschränkt)
. The customer's attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:

  1. a) in the event of damage caused to the customer by misuse or improper use,
  2. b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).

(2) perarca UG (haftungsbeschränkt) also does not provide any guarantee for a fault caused by improper repairs by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's performance interests in view of the product price, taking into account the content of the contract and the principles of good faith - whereby, in particular, the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - limited

the customer's claim to the other type of supplementary performance. The right of perarca UG (haftungsbeschränkt) to refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

(4) Both in the case of repairs and in the event of a replacement delivery, the customer is obliged to send the product to the return address specified by it at the expense of perarca UG (haftungsbeschränkt), stating the order number. Before submitting the item, the customer must remove any objects he has inserted from the product. perarca UG (haftungsbeschränkt) is not obliged to examine the product for the installation of such objects. Perarca UG (haftungsbeschränkt) is not liable for the loss of such objects, unless it was immediately apparent to perarca UG (haftungsbeschränkt) when the product was taken back that such an object had been inserted into the product (in this case, perarca UG (haftungsbeschränkt) the customer and holds the item ready for the customer to pick up; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned to him. 

(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following condition: If the customer was able to use the goods in a fault-free condition between delivery and return, this has the value of to reimburse any benefits drawn by him. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,

  1. a) if the defect justifying withdrawal only became apparent during processing or redesign,
  2. b) if perarca UG (haftungsbeschränkt) is responsible for the deterioration or destruction or the damage would also have occurred at perarca UG (haftungsbeschränkt),
  3. c) if the deterioration or destruction has occurred to the customer, although the customer has observed the care that he is used to in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions

(7) The customer can either withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time. 

(8) In addition, there may be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions. 

(9) The statutory warranty from perarca UG (haftungsbeschränkt) ends two years from delivery of the goods. The period begins with the receipt of the goods.


Liability

(1) In the event of slight negligence, perarca UG (haftungsbeschränkt) is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. Perarca UG (haftungsbeschränkt) is not liable for any other damage caused by a defect in the object of purchase.

(2) Regardless of a fault on the part of perarca UG (haftungsbeschränkt), liability of perarca UG (haftungsbeschränkt) in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by perarca UG (haftungsbeschränkt).

(3) perarca UG (haftungsbeschränkt) is also responsible for  Impossibility of delivery responsible, unless the damage would have occurred even with timely delivery.

(4) The personal liability of the legal representatives, vicarious agents and employees of perarca UG (haftungsbeschränkt) for damage caused by them through slight negligence is excluded.


Applicable law

The contract concluded between you and perarca UG (haftungsbeschränkt) is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The applicable provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Munich .

Dispute settlement

We take part in the alternative dispute settlement according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act). The competent dispute resolution body is the online platform for dispute resolution of the European Commission:  https://ec.europa.eu/consumers/odr/

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged.

(2) Changes or additions to this contract must be made in writing.

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