General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions in their applicable version at the time of the respective conclusion of a contract shall apply to all claims of both parties arising from and in connection with the conclusion of a contract between the customer and PX Technologie GmbH.


1.2 The order of priority between regulations in the case of collision is:

1. These General Terms and Conditions;
2. legal provision.

2. Participants

PX Technologie GmbH signs contracts with customers who are natural persons of

• unlimited legal capacity having attained the age of eighteen, as well as for
• legal persons, whose domicile or residence in the Federal Republic of Germany, a member state of the European Union, or in Switzerland (hereinafter “Customer”).

3. Subject Matter of Contract

PX Technologie GmbH shall deliver the goods ordered by the Customer within the framework of the accepted offer. Also applicable is § 434 para. 1 Sentence 3 BGB. In the event of withdrawal/cancellation, PX Technologie GmbH is required to immediately credit any advance payments, or if requested to provide a refund per check or bank transfer.

4. Conclusion of Contract/Cancellation Policy

4.1 This contract shall come into being upon the acceptance of the customer's order by PX Technologie. Acceptance by PX Technologie GmbH is concluded with the receipt of goods by the Customer after the transmission of goods by PX Technologie GmbH. Should the Customer place the order via Internet, PX Technologie will immediately confirm receipt of the order via electronic means. Order confirmation does not constitute an acceptance of contract.


4.2 Due to the Customer's statutory right to rescind, an initial provisionally effective contract comes into existence by the purchase order and its acceptance by PX Technologie GmbH. The customer can withdraw from the contractual statement within a period of 14 days without reason in writing (e.g. letter, fax, email) or by returning the goods. The period begins with receipt of the cancellation instruction in text format, not however before the customer receives the goods. The timely dispatch of the cancellation or the goods shall be deemed sufficient for compliance with the revocation term. The cancellation shall be sent to:
PX Technologie GmbH

Joachimstaler Straße 34

10719 Berlin

Fax: 0800 79 73 99

E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


4.3 Consequences of Cancellation

In the event of an effective cancellation the mutually received services are to be returned. Should the customer not be able to return the goods or only return them partially or in a deteriorated condition, the customer will then be obligated to provide a value replacement. This is not valid, if the deterioration of the goods is exclusively due to their examination, as would have been approximately possible in the store. The customer can avoid this liability by not using the goods as if he were the owner and by refraining from any action that would diminish their value. Goods capable of being sent by parcel post should be returned to us at our risk. If the return of the goods is impossible due to the goods' weight or them being too bulky to dispatch as a parcel, it shall be sufficient if the Customer sends a written repurchase request to PX Technologie GmbH within the fourteen day period after receipt of the goods. The Customer shall bear the return delivery costs of return deliveries from shipments the total order value of which amounts up to 50 €, provided that the delivered goods correspond with the ordered goods. Should this not be the case, the return shipment is free of charge for the Customer.


The right to return does not apply

• to goods that were produced according to the Customer’s specifications or other clearly personalized goods or which, due to their particular characteristics, are inappropriate for return delivery or which are not suitable for a return due to their condition or are perishable or whose expiration date has been exceeded.

5. Unavailability of Ordered Goods

Should PX Technologie GmbH realize after receipt of the order that the ordered goods or services are no longer available from PX Technologie GmbH, PX Technologie GmbH may send or offer or render the Customer goods of similar quality and price. In this event the Customer is not obligated to accept and is not responsible for the cost of return shipment.

6. Shipping / Delivery Costs

6.1 Unless otherwise agreed upon, PX Technologie GmbH ships the goods at Customer’s risk; the type of dispatch, forwarding route, and carrier are at the discretion of PX Technologie GmbH.


6.2 Should the Customer order a delivery and the goods do not arrive within an individually feasible and reasonablely fair period of time, the Customer is entitled to withdraw from the contract and to return the goods to PX Technologie GmbH. It is not possible to enforce claims for compensation of damages, unless PX Technologie GmbH acted in a grossly negligent or deliberate manner.

6.3 Subject to supply to PX Technologie GmbH, the company will provide quick delivery. Should only part of the order not be immediately deliverable, the remaining goods will be additionally delivered without a recalculation of the transport fee.

7. Price, Conditions of Payment

7.1 The price details for individual customers are final prices and include the actual value-added tax. The price details for business customers are as a rule net price.


7.2 The invoice shall provide the net price of the goods and the prices for additional services: Packing, shipping, as well as VAT applicable on the day of the invoice, etc.

7.3 PX Technologie GmbH reserves the right to safeguard against individual credit risk, to preclude certain payment options and to ship only against advance payment, cash-on-delivery, or immediate payment upon delivery.

8. Reservation of Proprietary Rights

PX Technologie GmbH retains ownership of all goods delivered to a customer until the delivered goods have been paid definitely and in full. Should PX Technologie GmbH exchange a product under warranty, the parties agree that ownership of such exchanged goods shall pass back to PX Technologie GmbH or to the Customer when either the Customer returns the goods to PX Technologie GmbH or when the Customer receives the exchanged goods from PX Technologie GmbH.

9. Warranty

9.1 PX Technologie GmbH warrants that the products are free of defects of quality and title at the time of delivery in accordance with § 434, 435 BGB. 


9.2 In the event that a delivered article displays evidence of material or manufacturing defects, including possible transport damage, such defects should be reported immediately to PX Technologie GmbH. Failure to report such a problem does not incur any consequences regarding the Customer’s legal entitlements however. In addition, applicable laws in accordance with §§ 434 ff., 475 para. 1 BGB apply.


9.3 The duration of warranty is 2 years and begins with the Customer’s access to the goods. Any differing warranty conditions will be specifically identified on the warranty or guarantee slip packed with the respective product.


9.4 In the event of defect, the Customer can, in accordance with § 439 BGB, demand the removal of the defect or the delivery of a defect-free product. PX Technologie GmbH may refuse the customer’s request, in accordance with § 439, if the request involves disproportionate costs. If a defect cannot be repaired after two attempts, the Customer shall be entitled in accordance with § 439 BGB to claim the delivery of a product that is free of defects or a price reduction or to rescind the contract. § 437 BGB is also applicable.


9.5 Statutory provisions are in effect with regard to any claims to compensation for product defect.


9.6 Warranty claims presuppose that the defect has not been caused by mis- or overuse. If a defect first appears later than 6 months after delivery, the Customer must furnish proof that the product was defective at the time of transition of risk. Otherwise PX Technologie GmbH is entitled to furnish proof that the product was free of defects at the time of delivery.

9.7 Should a long-term guarantee of more than 24 months for the respective product be utilized, § 443 BGB is applicable with expanded customer rights. In particular the burden of proof after six months does not apply.

10. Liability

10.1 PX Technologie GmbH, its management, and its employees are liable in cases of positive breach of obligation, delay, subsequent impossibility of performance, tortious liability as well as due to other legal reasons (excluding pre-contractual injuries) in cases of intent and gross negligence. In the event of culpable injury to life, limb or health, in the event of culpable violation of cardinal obligations (contractual obligations) or the use of deceit as well as in the event of compensation claims in accordance with § 437 Clause 2 BGB, PX Technologie GmbH is liable to the extent of the law. Solely in the case of a breach of cardinal obligation, liability for PX Technologie GmbH employees shall be limited to typical, predictable damages. The term cardinal obligation is used either for the identification of an explicitly described substantial breach of duty that endangers achievement of the purpose of the contract or abstractly explained as a duty, whose fulfillment enables the realization of the contract according to the rules in the first place and on whose observance the user regularly trusts. In cases of delayed performance, the Customer is entitled either to compensation or to rescind the contract.


10.2 In the event of data loss, PX Technologie GmbH is liable only if the Customer regularly and demonstrably backed up the database at least once daily. The liability for loss of data is limited to restoration of data assuming the existence of suitable backup copies, unless PX Technologie GmbH caused the loss of data intentionally or due to gross negligence. With the exception of intent or gross negligence, liability is otherwise excluded.


10.3 The extent of liability of PX Technologie GmbH under the Law governing Product Liability remains unaffected.


10.4 The aforementioned regulations (9 and 10) represent the entire extent of liability of PX Technologie GmbH, its management, and its employees.

11. Applicable Law

11.1 This legal relation between PX Technologie GmbH and Customers as well as the respective Terms and Conditions shall be governed by German Law. The application of the UN Sales Convention on Contracts for the International Sale of Goods as amended on April 11, 1998, shall be excluded.


11.2 The provisions of clause 11.1 leave binding provisions of the state's right, in which the Customer is resident, unaffected, if and as far as the Customer has entered into a purchase contract, which cannot be assigned to the Customer's professional or commercial activity (consumer contract) and if the Customer has taken all legal action in the state of his usual residence which is necessary for the conclusion of a purchase contract.

12. AOB

12.1 The Customer is not entitled to set off or withhold any amount due, unless such claim is undisputed or determined by legally binding jurisdiction

12.2 Should one of the provisions of this terms and conditions be or later become invalid or unenforceable in whole or in part, the remaining provisions of this contract shall maintain their validity. 


12.3 The exclusive court of jurisdiction is Berlin or any other legal place of jurisdiction of PX Technologie GmbH’s choice if the Customer is a merchant in the sense of the German commercial code or a statutory corporation of the public law.

13. Privacy Protection

13.1 The Customer’s address is saved in PX Technologie GmbH’s EDP for quick and error free processing. The treatment of the received data takes place in compliance with the regulations of the Federation Data Protection Law (BDSG) as well as in compliance with the German Law on Data Protection for Teleservices (TDDSG).


13.2 We reserve the right to let other companies use your data in a permissible manner for the postal delivery of informational material. We also reserve the right, to use this data for postal delivery for our own advertising purposes. In the event the Customer is not in agreement with this, the Customer is requested to simply send a short informal message to PX Technologie GmbH, Joachimstaler Straße 34, 10719 Berlin, or via E-Mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or via Fax at 0800 79 73 999. Should the Customer place online orders, no passing on of information will take place if the field “Privacy Statement” is not activated.


13.4 PX Technologie GmbH will not use the Customer's personal data in any manner contrary to the use specified in clauses 13.1 and 13.2.