General Terms and Conditions

1. General information
(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 his own terms and conditions of business or purchase, these are rejected.
(2) Individual contractual agreements shall take precedence over general terms and conditions.

2. Conclusion of the contract
(1) The service descriptions on our Internet pages – www.profiness.de and www.shop.profiness.de – do not yet 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 relationship between the parties to the purchase contract 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. Von dieser Rechtswahl ausgenommen sind die zwingenden Verbraucherschutzvorschriften des Landes, in dem der Kunde seinen gewöhnlichen Aufenthalt hat.

4. Distance selling information
(1) The description of the goods results from the presentation on the Internet at www.shop.profiness.de.
(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 shall include the value added tax (VAT) applicable at the time of the order.
(2) We offer the following payment options when concluding contracts:

I. For deliveries within Germany:
By prepayment, bank transfer, PayPal, invoice (after prior authorisation).
II. For deliveries to foreign countries:
By prepayment, bank transfer, PayPal

(2.1) If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available 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, available 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 costsstrong
(1) All items are delivered within Germany and within the EU.
(2) Delivery shall be made either by DPD, GLS or a forwarding agent.
(3) You will find the shipping costs in the checkout area in the order process before you send the 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 concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:

7.2 Right of cancellation
You have the right to cancel 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 cancellation, you must send us
Profiness GmbH, Broicher Waldweg 42, 45149 Mülheim a.d. Ruhr, Germany, Tel.: +49 (0) 208- 309619 0, E-Mail: info@profiness.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the following sample cancellation form, but this is not mandatory.

To [Profiness GmbH, Broicher Waldweg 42, 45149 Mülheim a.d. Ruhr, Germany] I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date

(*) 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 cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

Under no circumstances will you be charged any fees for this repayment. 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 only to our warehouse in Wuppertal:

MTR GmbH – Profiness warehouse
Paul-Deffke-Straße 30
42369 Wuppertal / Germany

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 jedem Fall teilen wir Ihnen vor der Rückabwicklungen die Kosten des Rücktransports mit.

8. Consumer dispute resolution procedures
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 the conclusion of the contract: See the explanations in section 2 of our GTC.
(2) Saving the contract text / printout: The customer can save the contract text by using the “Save as” function of his browser to save the relevant website on his 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 legal right to liability for defects for the purchased goods.

11. Retention of title
1. We reserve ownership of the delivered item until all payments from 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 complain about such errors immediately to the delivery person and please contact us as quickly as possible.core

(2) Die Versäumung einer Reklamation oder Kontaktaufnahme hat für Ihre gesetzlichen Gewährleistungsansprüche kein rechtlichen Auswirkungen. 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 immediately upon delivery to ensure that they are undamaged.
Also make sure that the outer packaging is intact; if in doubt, unpack the goods before handover.

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) Make a note of the damage on the carrier’s handover note
Under no circumstances should you acknowledge the receipt of the goods without an additional note, as otherwise you will be confirming to the carrier that the goods have been handed over in perfect condition and in this case we will have no possibility of claiming the damage from the insurance company.

A possible damage note on the delivery receipt should include the following:
– Type of damage
– Number and type of damaged items
– Signature of the driver
– Your signature
– date


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

14. Copyright Notice
The photos posted on our website and the texts we create are protected by copyright. Unauthorized copying and publishing of this (even only excerpts) is prohibited in accordance with. § 97 UrhG
prosecuted criminally and civilly.

strafrechtlich und zivilrechtlich verfolgt.
Mülheim a.d. Ruhr will be responsible for all mutual disputes between the contractual partners that arise directly or indirectly from the contractual relationship is agreed as the exclusive place of jurisdiction if the contractual partners are merchants, legal entities under public law or special funds under public law.

16. Severability clause
If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become invalid in whole or in part, or if the agreements contain a gap, this will result in the
The validity of the remaining provisions is not affected.

Mülheim a.d. Ruhr, March 6th, 2024