General Terms and Conditions

1. General
(1) These General Terms and Conditions (GTC) apply to all offers and services relating to the internet platform – www.profiness.de and www.shop.profiness.de – insofar as the customer refers to the inclusion of their own terms and conditions of business or purchase, these are hereby rejected.
(2) Individual contractual agreements take precedence over the General Terms and Conditions.

2. Conclusion of the contract
(1) The service descriptions on our websites — www.profiness.de and www.shop.profiness.de — do not constitute offers to conclude a purchase contract. Such an offer is only made when the customer places the online order by completing the purchase process at the checkout. In addition, the customer can also place an order by telephone or in text form (mail).

The subsequent confirmation of receipt of the order sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by his offer (this expires) if we have not sent him a declaration of acceptance within 5 calendar days (calculated from the date of receipt of the order by us).

(2) If a declaration of acceptance received by the customer late has been sent in such a way that it would have been received on time in the case of regular transport, and if the customer had to recognise this, it must notify us of the delay immediately after receipt of the declaration, unless it has already done so beforehand. If the customer delays the dispatch of the notification, acceptance shall not be deemed delayed. Furthermore, delayed acceptance by us shall be deemed to be a new offer to conclude a purchase contract, which the customer may accept by express declaration of acceptance or by taking delivery of the goods.

3. Choice of law
The contractual relations between the parties to the purchase agreement shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. This choice of law does not apply to the mandatory consumer protection regulations of the country in which the customer has their habitual residence.

4. Distance selling information
(1) The description of the goods is based on the presentation on the Internet at www.shop.profiness.de.
In individual cases, the product images shown may differ slightly from the actual product. The descriptive texts for the respective product are decisive for the product specification.
(2) The instructions on your statutory right of cancellation as a consumer, exceptions to the right of cancellation, its premature expiry, the cancellation form, the consequences of cancellation, e.g. return, return costs and compensation for lost value, can be found under the menu item “Cancellation policy”.
(3) The goods shall be dispatched at the latest within 4 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring bank (in the case of advance payment) or after conclusion of the contract (in the case of purchase on account or payment via PayPal).
(4) We do not provide any customer services, in particular no customer service, and do not grant any guarantees ourselves.
(5) There is no out-of-court complaint or appeal procedure to which we are subject. (6) All further information about our company, the offer and the processing of the purchase can be found on our website.

5. Prices, payment, delivery, shipping costs
(1) The remuneration includes the sales tax (value added tax) applicable at the time of the order.
(2) We offer the following payment options for contracts concluded:

I. For deliveries within Germany:
By prepayment, bank transfer, PayPal, invoice (subject to prior approval).
II. For deliveries abroad:
By prepayment, bank transfer, PayPal

(2.1) If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the customer pays using a payment method offered by PayPal that can be selected in the online order process, the seller declares acceptance of the customer’s offer at the time the customer clicks the button that concludes the order process.

6. Delivery and shipping costs
(1) All items are delivered within Germany and within the EU.
(2) Delivery is made either by DPD, GLS or a forwarding agent.
(3) The shipping costs can be found in the checkout area during the ordering process before you submit your order.

Freight forwarding and special transport deliveries to islands may have to be requested separately and may incur additional transport costs. We reserve the right to pass on these additional costs to the customer.

(4) Delivery within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed.

(4) Delivery within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. The customer shall bear the costs of returning the goods.

(6) If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or place of destination otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or place of destination otherwise designated to carry out the shipment and the seller has not previously named this person or place of destination to the customer.

(7) If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller.
You will be informed separately of the earliest possible collection date after your order has been processed.
You will be informed separately of the earliest possible collection date after your order has been processed.

7.1 Cancellation policy
Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:

7.2 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation 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 last goods.

To exercise your right of withdrawal, you must inform us
Profiness GmbH, Broicher Waldweg 40, 45478 Mülheim a.d. Ruhr, Germany, Tel.: +49 (0) 208- 309619 0, E-mail: info@profiness.de, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the following model withdrawal form for this purpose, but this is not mandatory.

An [Profiness GmbH, Broicher Waldweg 40, 45478 Mülheim a.d. Ruhr, Deutschland] Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*) Bestellt am (*)/erhalten am (*) Name des/der Verbraucher(s) Anschrift des/der Verbraucher(s) Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier) Datum

(*) Delete as appropriate.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

7.3 Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.
*** Translated with www.DeepL.com/Translator (free version) *** For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

Return address
Please send returns exclusively to our warehouse in Wuppertal:

MTR GmbH – Lager Profiness
Paul-Deffke-Straße 30
42369 Wuppertal

You bear the direct costs of returning the goods.

You shall bear the direct costs of returning the goods; you shall also bear the direct costs of returning goods that cannot be returned normally by post due to their nature (forwarding goods, long goods transport). By prior arrangement, we can organise the return shipment by a forwarding agent. In any case, we will inform you of the costs of the return transport before processing the return.

In the event of a refund, these costs will be deducted from the credit amount/previous purchase price.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

8. Consumer dispute resolution procedure
Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since 9 January 2016. It applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online traders and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (OS) is intended to offer a simple, efficient, fast and cost-effective out-of-court solution for disputes. The ODR platform forwards duly submitted complaints to the competent ADR entities (under national law) (out-of-court dispute resolution). The use of the ODR platform itself is free of charge; in proceedings before the ADR entities, consumers may incur costs (up to EUR 30.00) if their application is abusive.

Link to the ODR platform of the EU Commission: https://ec.europa.eu/consumers/odr

Our e-mail address is: info@profiness.de

9. Information on electronic commerce
(1) Technical steps for concluding a contract: Please refer to the explanations in section 2 of our General Terms and Conditions.
(2) Contract text storage/printout: The customer can save the contract text by using the “Save as” function of their browser to save the relevant website on their computer. They can also print out the text of the contract using their browser’s print function. We store the contract texts ourselves and make them available to the customer by email on request.
(3) The customer can correct changes to their entries at any time during the order process by selecting the “Back” button in the browser and then making the corresponding change. The customer can cancel the entire order process at any time by closing the web browser. Furthermore, the order overview also offers an additional correction option before the online order is sent, which is pointed out to the customer.
(4) The languages available for the conclusion of the contract are German and English.
(5) Code of conduct: We have not subjected ourselves to any particular code of conduct (set of rules).

10. Warranty
There is a statutory liability for defects for the purchased goods.

11. Retention of title
1. We retain title to the delivered item until all payments under the purchase contract have been received. If the buyer does not fulfill his contractual obligations, especially in the event of late payment, we are entitled to demand the return of the delivered item; In this case, the buyer is obliged to return the item.

2. The buyer is obliged to notify us immediately in the event of seizures of the purchased item or other related access or attempts to access the purchased item by third parties so that we can exercise our rights under the retention of title.

12. Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.

(2) Failure to lodge a complaint or contact us has no legal consequences for your statutory warranty claims. However, they help us to be able to assert our own claims against the freight carrier or the transport insurer.

Therefore, please make sure before ordering what to do when receiving the goods or in the event of damage in transit.

Important:
1) Check the goods for damage immediately upon delivery.
Also make sure that the outer packaging is intact. If in doubt, unpack the goods before handing them over.

2) If the delivery is damaged, please document the damage with photos. Ideally, you should take photos of the damage from different perspectives in order to show the full extent of the damage.

3) Note the damage on the delivery note from the shipping company.
Do not acknowledge receipt of the goods without an additional note, as otherwise you will be acknowledging receipt of goods in perfect condition and we will have no recourse to claim the damage from the insurance companies.

A possible damage note on the delivery note should include the following:
– Type of damage
– Number and description of damaged items
– Driver’s signature
– Your signature
– Date


13. Data protection
The privacy policy for the implementation of data protection regulations can be found in the separate privacy policy.

14. Copyright notice
The photographs posted on our website and the texts created by us are protected by copyright. Unauthorized copying and publishing of this (even only excerpts) is prohibited in accordance with. Section 97 of the German Copyright Act (UrhG)
prosecuted under criminal and civil law.

15. Place of jurisdiction
For all mutual disputes between the contracting parties arising directly or indirectly from the contractual relationship, Mülheim a.d. Ruhr is agreed as the exclusive place of jurisdiction, provided that the contracting parties are merchants, legal entities under public law or special funds under public law.

16. Severability clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the
validity of the remaining provisions.

Mülheim a.d. Ruhr, 14.08.2025