Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Governing Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions (hereinafter referred to as “Terms”) of Prost Outfitters, trading under the name “Prost Outfitters” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller regarding goods displayed in the Seller’s online store. Any terms and conditions of the Customer shall not apply unless expressly agreed otherwise.
1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
1.3 A business customer within the meaning of these Terms is any natural or legal person or partnership with legal capacity acting in the course of their commercial or self-employed professional activity when entering into a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the Seller’s online order form. By submitting the order, the Customer makes a binding contractual offer.
2.3 The Seller may accept the offer within five days:
- by sending an order confirmation,
- by delivering the goods, or
- by requesting payment.
2.4 When paying via PayPal, acceptance of the offer takes place automatically when the Customer clicks the “Place Order with Obligation to Pay” button.
2.5 The contract text will be stored by the Seller and sent to the Customer by email after the contract has been concluded.
2.6 Before submitting the order, the Customer may review all information entered and correct it if necessary.
2.7 The available contract language(s) are specified in the online store.
2.8 Order processing and communication generally take place by email. The Customer must ensure that the email address provided is correct.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information can be found in the Seller’s Right of Withdrawal Policy.
3.3 The right of withdrawal does not apply to consumers whose residence and delivery address are located outside the European Union.
4) Prices and Payment Terms
4.1 All prices are total prices. As a small business, Prost Outfitters does not charge VAT.
4.2 For deliveries outside the European Union, additional costs may apply, such as customs duties or import charges.
4.3 The available payment methods are listed in the online store.
4.4 If advance payment is selected, payment is due immediately after the contract has been concluded.
4.5 When selecting “SOFORT” or “Shopify Payments,” the terms and conditions of the respective payment service providers shall apply.
4.6 Further information regarding Stripe or Klarna can be found on the respective providers’ websites.
5) Delivery and Shipping Conditions
5.1 Delivery will be made to the delivery address provided by the Customer.
5.2 If delivery problems occur due to circumstances attributable to the Customer, the Customer shall bear any resulting additional costs.
5.3 In the case of business customers, the risk of accidental loss or damage passes to the Customer once the goods have been handed over to the shipping provider.
5.4 If the goods are unavailable, the Customer will be informed without undue delay.
5.5 Local pickup is not available.
6) Retention of Title
The goods remain the property of Prost Outfitters until full payment has been received.
7) Liability for Defects (Warranty)
7.1 Different warranty provisions may apply to business customers.
7.2 Exceptions apply in cases of intent, injury to life, body or health, and other legally mandatory liability.
7.3 Statutory rights of recourse remain unaffected.
7.4 Commercial customers must report defects without undue delay.
7.5 Consumers are encouraged to report any transport damage immediately but are not legally required to do so.
8) Liability
8.1 The Seller shall have unlimited liability in cases of intent, gross negligence, injury to life, body or health, and liability under applicable product liability laws.
8.2 In cases of slight negligence, the Seller shall only be liable for breaches of essential contractual obligations.
8.3 Otherwise, liability is excluded to the extent permitted by law.
9) Governing Law
9.1 German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2 For consumers outside the European Union, this choice of law does not necessarily override mandatory consumer protection provisions applicable in their country of residence.
10) Alternative Dispute Resolution
Prost Outfitters is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.