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Terms of Use

1. General, Language
All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop www.panorama-hardware.de (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „Terms of use“).
Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract Our offerings published in the Internet Shop are non-binding.
By placing an order in the Internet Shop (which requires acceptance of these
General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product.
The offer shall remain valid and binding for a period ending on the end of the third business day
following the day of the offer. Without undue delay upon receipt of the order, we will send to the Customer
by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order.
The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the
order or by dispatching the product. The sales contract with the Customer shall not become effective
until our acceptance. Any Customer shall be entitled to revoke the offer and return the product in accordance
with the cancellation and return policy that follows these General Terms and Conditions.

3. Prices and Payment
Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges
shall be borne by the Customer. Unless expressly otherwise agreed by us, all shipments by us shall require
advance payment, PayPal or COD (cash on delivery).
The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not
been disputed by us or been determined by a final and binding decision.

4. Dispatch of the Product
We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed
over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however,
that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days.
If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products
specified as „in stock“ (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for
any other products. Any such time period relevant to determine the date of dispatch shall begin (a) if advance payment
has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash
on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
In the event that the product has, upon placement of the offer by the Customer, been identified in the
Internet Shop as „in stock“ and advance payment has been agreed upon, we will keep sufficient quantity
of the product in stock during a period of five business days following our acceptance of the order;
unless payment is received by us within such period, we shall be free to otherwise sell the product. In such case,
we shall dispatch the product during such period of five business days only as long as a sufficient quantity
of the product is in stock. Otherwise, a period of three weeks as from the receipt of payment shall be deemed
to be agreed upon for the dispatch of the product. In the event that our supplier fails to deliver in a timely manner
any products which were identified on the offer page in the Internet Store (at the time of the order) as „out of stock“
or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall
be extended until delivery is made by our supplier plus an additional period of two business days, but in no event
by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without
undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply
the products is not a result of our fault or negligence. In the event that the product is no longer available,
or cannot be timely delivered, for any of the reasons set out in subsection 3, we shall without undue delay
inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future,
we shall be entitled to terminate the sales contract. In case of any such termination,
we shall without undue delay reimburse the Customer any payments which the Customer has made to us in
respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision;
provided, however, that the Customer may claim damages only subject to the provisions of Section 8
of these General Terms and Conditions. Partial deliveries of Products included in the same order shall be permitted,
provided that the products can be used separately and provided further that we shall bear
any additional shipping costs caused thereby.

5. Shipment, Insurance and Passing of Risk
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment
and to select the carrier at our reasonable discretion. We shall only be obliged to properly and timely deliver the product to the carrier,
and any transit times specified in the Internet Store shall only be non-binding estimates.
The risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon
delivery of the product to the Customer or upon the Customer’s default of acceptance.
We shall insure the product against the usual risks of transportation at our cost and expense.

6. Retention of Title and Resale
We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs)
for such product has been fully paid.

7. Returns, Warranty
In the event of a defect of the delivered product, the Customer shall be entitled to request from us to
repair the defect or to supply another product (as ordered) which is free from defects. We may refuse to remedy

a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected
from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract,
reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law;
provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8
of these General Terms and Conditions.

8. Liability
Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10 % of the aggregate purchase price (including VAT).

We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

9. Data Protection
We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.

We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.

We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9.

10. Applicable Law, Competent Courts and Address
Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Hamburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.

Address for orders and Customer services:

panorama-hardware.de Ltd., 
Alter Berner Weg 105a
, D-22393 Hamburg
Tel: +49 (0)40 - 65792585, Fax: +49 (0)40 - 65792586
E-Mail: shop@panorama-hardware.de

11. Invalid Clauses
The inoperativeness of one or several provisions of said Terms of use does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.