These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs via the online shop cybertitans.de of CyberTitan GmbH.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2 Contractual partner
The purchase contract is concluded with:
CyberTitan GmbH
Ruhlsdorfer Strasse 11
10963 Berlin
GERMANY
Further contact details, imprint information and the e-mail address relevant for electronic contact can be found in the imprint and on the contact page of cybertitans.de
3 Conclusion of contract
The presentation of the goods in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
By clicking on the "Buy" button, you make a binding offer to conclude a purchase contract for the items in the shopping cart.
The confirmation of receipt of your order is automatically sent by e-mail. This confirmation of receipt does not constitute acceptance of your offer. The contract is only concluded when we accept your order by a separate order confirmation or by delivery of the goods.
For security reasons, the contract text will not be permanently stored in your customer account. You can print the order data before sending the order or save it locally.
4 Prices, shipping costs, payment methods
All prices in the online shop are in Euro and include the applicable statutory value added tax.
In addition to the product prices, shipping costs may apply. The amount of the shipping costs is indicated in the ordering process and in the shipping overview on platro.de.
The available payment methods (e.g. prepayment, PayPal, credit card, instant transfer, Klarna, etc.) are displayed in the online shop, at the latest in the ordering process.
Unless otherwise agreed, payments are due immediately upon conclusion of the contract.
5 Delivery, delivery conditions
The delivery of the goods will be made to the delivery address specified by you within the delivery time specified in the shop, unless expressly agreed otherwise.
Delivery is made by external shipping service providers as an insured package with tracking.
If there are delays in delivery, we will inform you immediately by e-mail. Your legal rights remain unaffected by this.
6 Retention of title
The goods remain our property until full payment.
We reserve ownership of the goods towards entrepreneurs until all claims arising from the current business relationship have been settled.
7 Right of withdrawal for consumers
Consumers are entitled to a statutory right of withdrawal of 14 days, about which we inform in detail in our separate cancellation policy / return & refund.
The procedure for returns described there (deads, addresses, return costs, refund modalities) is part of these GTC.
8 Quality of refurbished goods
We sell mostly new and refurbished laptops and PCs. These are technically tested, professionally prepared and fully functional. Minor optical signs of wear (e.g. scratches on the housing) may be present and do not represent a defect, if they are indicated in the article description or are common in the type of goods.
The exact description of the condition (e.g. "A-goods", "B-goods", "refurbished") as well as information on accessories and scope of delivery can be found on the respective product page.
9 Warranty (liability for defects)
For consumers, the statutory warranty rights according to §§ 434 ff. BGB, unless otherwise contractually agreed.
The warranty period for new goods is usually 24 months from delivery; for used/refurbished goods, it can be contractually shortened to 12 months without limiting liability for damage from injury to life, body or health as well as in the case of gross negligence.
Obvious transport damage or wrong deliveries should be reported to us within 7 days if possible in order to enable fast processing.
For entrepreneurs, the examination and complaint obligations according to § 377 HGB apply; if the timely complaint is omitted, the goods are considered approved.
10 Liability
We are liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in case of guarantee promises, as far as agreed,
as far as the scope of the Product Liability Act is open.
In the event of a simple negligent breach of essential contractual obligations (cardinal obligations), our liability is limited in terms of amount to the foreseeable, contract-typical damage at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
Otherwise, claims for damages are excluded.
11 Customer account & use of the online shop
Optionally, you can create a customer account. The data required for registration must be provided completely and truthfully.
You are obliged to treat access data confidentially and not to make it accessible to unauthorized third parties.
We reserve the right to block or delete user accounts in the event of misuse or violation of these terms and conditions.
12 Data protection
We process personal data exclusively within the framework of the legal provisions of the GDPR and the BDSG. Details can be found in our privacy policy on platro.de.
Without your express consent, your data will not be passed on to third parties for advertising purposes.
13 Contract language, contract storage
The contract language is German.
The complete contract text is not permanently stored by us. Before sending the order, the contract data can be saved via the print or save function of the browser.
14 Dispute resolution & online dispute resolution
The EU Commission provides a platform for online dispute resolution (OS platform), which you can find at https://ec.europa.eu/consumers/odr.
We are not obliged and generally not willing to participate in dispute settlement proceedings before a consumer arbitration board.
15 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers, this choice of law applies only to the extent that it does not detake the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer 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 contractual relationships between the customer and us is our registered office in Berlin.
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
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