§ 1 General, Scope of Application

(1) The following General Terms and Conditions (GTC) govern the contractual relationship between Fa. ProSoLL GmbH, Bleichstr. 38, 76593 and consumers and entrepreneurs who use the internet offering of Fa. ProSoLL GmbH (www.fireball-germany.com) (hereinafter referred to as “Buyer”). The GTC apply to the use of the website www.fireball-germany.com, as well as all subdomains belonging to this domain. The version valid at the time of the conclusion of the contract shall be decisive.

(2) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with Fa. ProSoLL GmbH without this being attributable to their commercial or self-employed professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or legally capable partnerships who enter into a business relationship with Fa. ProSoLL GmbH in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) Our offers are subject to change without notice, are understood per piece, and include the statutory VAT unless otherwise stated. Delivery and invoicing shall be based on our most recent prices and conditions before dispatch of the goods and as long as stocks last.

(2) The offers of Fa. ProSoLL GmbH on the Internet constitute a non-binding invitation to the buyer to order goods from Fa. ProSoLL GmbH.

(3) By ordering the desired item for purchase on the Internet, the buyer submits a binding offer to conclude a purchase contract.

(4) In this respect, orders are generally to be regarded as offers which we accept only upon delivery. However, if we are unable to deliver, you may receive a refund of any amounts paid in advance.

§ 3 Payment, Due Date, Default in Payment

(1) Payment for the goods is made by advance payment or PayPal. We reserve the right to accept or exclude certain payment methods on an individual basis.

(2) In the case of payment by advance payment, the buyer undertakes to pay the purchase price immediately after conclusion of the contract. In the case of payment by PayPal, shipping will take place directly upon receipt of the invoice amount in our PayPal account.

§ 4 Delivery

(1) Delivery shall be made by dispatch of the item for purchase to the address provided by the buyer.

(2) The costs of shipping the item for purchase within Germany shall be borne by the buyer. If the buyer requests a specific type of shipment incurring higher costs, the buyer shall also bear these additional costs. Shipping costs for international deliveries are higher and depend on the destination country and the weight of the shipment.

(3) If the buyer acquires the item for purchase for their commercial or professional activity, the risk of accidental loss and deterioration of the item for purchase shall pass to the buyer as soon as Fa. ProSoLL GmbH has handed over the item for purchase to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.

§ 5 Retention of Title, Offset, Right of Retention

(1) The item for purchase remains the property of Fa. ProSoLL GmbH until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation without the express consent of Fa. ProSoLL GmbH is not permitted.

(2) The right to offset is only available to the buyer if their counterclaims have been acknowledged by Fa. ProSoLL GmbH or have been legally established. The buyer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

§ 6 Prices

The price stated in the respective offer for the item for purchase is understood as the final price including 19% VAT. The price does not include the delivery and shipping costs according to § 4 para. 2, which will be communicated to the buyer again in a timely manner before the conclusion of the order.

§ 7 Withdrawal, Reservation of Non-Delivery

(1) Fa. ProSoLL GmbH is entitled to withdraw from the contract, including with regard to any outstanding part of the delivery or service, if false information has been provided about the creditworthiness of the buyer or objective reasons have arisen regarding the buyer’s inability to pay, such as the opening of insolvency proceedings against the buyer’s assets or the dismissal of such proceedings for lack of covering assets. The buyer will be given the opportunity to make an advance payment or provide adequate security before withdrawal.

(2) Fa. ProSoLL GmbH reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is wholly or partially omitted. This reservation of non-delivery only applies if we are not responsible for the non-delivery. We are not responsible for the non-performance to the extent that a so-called congruent covering transaction to fulfill the contractual obligations was concluded in a timely manner with the supplier. If the goods are not delivered, we will inform the buyer immediately about this circumstance and refund any purchase price and shipping costs already paid.

(3) Without prejudice to any claims for damages, in the event of a partial withdrawal, already rendered partial services shall be settled and paid for in accordance with the contract.

§ 8 Liability for Defects in Quality and Title

(1) Warranty for Consumers

a) Fa. ProSoLL GmbH warrants that the item for purchase is free from defects upon delivery. If a defect becomes apparent within six months from the date of delivery of the item for purchase, it is presumed that the defect already existed at the time of delivery, unless this presumption is incompatible with the nature of the item for purchase or the defect. If the defect only becomes apparent after six months, the buyer must prove that the defect already existed at the time of delivery of the item for purchase.

b) If the item for purchase is defective upon delivery, the buyer has the choice whether the remedy should be made by repair or replacement delivery. Fa. ProSoLL GmbH is entitled to refuse the type of remedy chosen if it is only possible with disproportionate costs and the other type of remedy remains without significant disadvantages for the buyer.

c) If the remedy fails, the buyer can generally demand, at their discretion, a reduction of the purchase price (reduction) or rescission of the contract (withdrawal) as well as damages. The buyer is not entitled to a right of withdrawal for only minor defects.

d) The claims of a buyer who is a consumer due to defects shall become statute-barred in two years.

(2) Warranty for Entrepreneurs

a) If the purchase is a commercial transaction for Fa. ProSoLL GmbH and the buyer, the buyer must inspect the delivered goods immediately for quality and quantity deviations and notify Fa. ProSoLL GmbH of any obvious defects in writing within one week of receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Hidden defects must be reported to Fa. ProSoLL GmbH in writing within one week of discovery. Timely dispatch is sufficient to meet the deadline. In this case, the buyer bears the full burden of proof for all claim prerequisites, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the notice of defects.

b) In the event of defects, Fa. ProSoLL GmbH shall, at its own discretion, remedy the defect by repair or replacement delivery.

c) The claims of a buyer who is an entrepreneur due to defects shall become statute-barred in one year. This shall not apply to claims for damages of the buyer, which are based on the replacement of a bodily or health injury due to a defect for which Fa. ProSoLL GmbH is responsible, or on gross negligence of Fa. ProSoLL GmbH or its vicarious agents.

(3) If Fa. ProSoLL GmbH provides a defect-free item for purchase for the purpose of remedy, Fa. ProSoLL GmbH may demand the return of the defective item for purchase from the buyer.

(4) Damages resulting from improper or contractually non-conforming measures by the buyer during installation, connection, operation, or storage do not entitle the buyer to claim against Fa. ProSoLL GmbH.

§ 9 Limitation of Liability

(1) Fa. ProSoLL GmbH shall only be liable for damages other than those resulting from injury to life, body, or health insofar as such damages are based on intentional or grossly negligent conduct or on culpable breach of a material contractual obligation by Fa. ProSoLL GmbH or its vicarious agents. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on the observance of which the buyer regularly relies. Any further liability for damages is excluded. Claims arising from any guarantees given by Fa. ProSoLL GmbH for the quality of the item for purchase and under the Product Liability Act remain unaffected by this provision.

(2) At present, it is not possible to guarantee fault-free and/or continuous availability of data communication via the Internet according to the current state of technology. Therefore, we do not assume liability for the continuous availability of our internet offering.

§ 10 Data Protection

(1) The buyer is aware and consents to the fact that the personal data required for processing the order will be stored by Fa. ProSoLL GmbH on data carriers. The buyer expressly agrees to the collection, processing, and use of their personal data. The stored personal data will be treated confidentially by Fa. ProSoLL GmbH as a matter of course. The collection, processing, and use of the buyer’s personal data are carried out in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

(2) The buyer has the right to revoke their consent at any time with effect for the future. In this case, Fa. ProSoLL GmbH is obliged to immediately delete the personal data of the buyer. In the case of ongoing order processes, deletion will occur after the completion of the order process.

§ 11 Choice of Law, Jurisdiction

(1) All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Fa. ProSoLL GmbH. The same applies if the buyer has no general place of jurisdiction in Germany or their domicile or habitual residence is not known at the time the action is filed.

§ 12 Severability Clause

Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected, unless the elimination of individual clauses would unreasonably disadvantage one party to the contract to the extent that adherence to the contract can no longer be expected of them.

End of the General Terms and Conditions.