Section 1 Scope
These General Terms and Conditions (hereinafter “GTC“) apply to all contracts concluded via our online store between us,
PTV Truckparking BV
Energieweg 1
3542 DZ Utrecht
eMail:and you as our Customer.
The GTC apply regardless of whether you are a consumer or an entrepreneur.
You are a consumer if you conclude a contract with us for purposes that are predominantly attributable neither to your commercial nor your independent professional activity.
By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his/her/its commercial or independent professional activity.
For the business relationship between you and us, the following GTC apply exclusively in their version which is valid at the time the contract is concluded. Deviating conditions of the customer are not recognized unless we expressly agree to their validity in writing.
Section 2 Conclusion of contract
- The presentation and promotion of goods in our online store does not constitute a binding offer to conclude a purchase agreement.
- You can select from our assortment of goods, in particular caps, mugs, towels, phone holders, clothing, etc and collect them in what is known as a shopping cart via the "Add to cart" button. You can use the shopping cart to view your selections at any time and can change or delete them using the functions provided in the shopping cart.
- You will be forwarded to the checkout process by pressing the “Continue“ button. Once you have entered your personal information, you may choose between the different payment methods which are offered. In addition to payment by credit card, prepayment, invoice and [...] you can also redeem any earned bonus miles and use them for payment.
- In the next step, your personal details, your order, the applicable shipping costs, any redeemed miles and any remaining total purchase price will be displayed again on an overview page.
- You can change your information at any time by clicking on "Shopping Cart" again, or you can go back to the previous window via your browser.
- You can submit a binding request to purchase the goods in the shopping cart by clicking on the button "Submit binding order". However, your order can only be submitted and sent if you have accepted these Terms and Conditions by clicking on the button “I agree to the GTC“, which thereby includes them with your request. You can print and save the linked GTC via your browser.
- After submitting the order, we will send you an automatic confirmation of receipt by email in which your order, your personal information and these GTC are displayed again and which you can print out using the "Print" function or, if you wish, save by using the “Save“ function. The automatic acknowledgment of receipt merely documents that your order has been received by us and does not constitute acceptance of your request. The contract is only concluded by the submission of the declaration of acceptance, which we send via a separate email (order confirmation), or by delivery of the goods.
- In the event that delivery of the goods ordered by you is not possible, e.g. because the goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded and we will immiediately inform you of the circumstance and refund any payments already made.
- The contractual text will not be saved by us. The German language is exclusively available for the conclusion of the contract.
Section 3 Right of cancellation
- Inasfar as you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you are entitled to the following right of cancellation.
- A consumer within the meaning of Section 13 BGB is every natural person who concludes a legal transaction for purposes that predominantly are outside his/her trade or independent professional activity.
Cancellation policy
Right of cancellation
You have the right to concel this contract within fourteen days for any reason. The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, possesses or has taken possession of the last goods.
To exercise your right of cancellation, you must inform
PTV Truckparking BV
Energieweg 1
3542 DZ Utrecht
The Netherlands
email:of your decision to cancel this contract by way of a clear declaration thereto (e.g., in a letter sent by mail, or via mail). You may use the enclosed sample cancellation form to do so, however this is not a requirement.
To meet the cancellation deadline, it is sufficient for you to send notification of the exercise of the right of cancellation before the cancellation deadline expires.
Consequences of cancellation
If you cancel this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for any costs incurred as a result of your decision to select a shipping type other than the least expensive standard delivery offered by us), without delay, and no later than within 14 days from the date on which we received notification of your cancellation of this contract. We will reimburse you using the same payment method you used for the original transaction, unless another arrangement was expressly agreed with you. In no instance will you be charged fees in connection with this reimbursement. We may refuse to effect repayment until we have received the goods again or until you have furnished proof that you have sent back the goods, whichever is earlier.
You must return the goods to us or consign them immediately, and in all cases not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is considered met if you send the goods before the expiry of the 14-day period.
You are responsible for all costs associated with the return of the goods.
You will only be liable for any diminished value of the goods if this loss of value results from handling by you that is not necessary to ascertain the nature, characteristics and functioning of the goods.Exception to the right of cancellation
The right of cancellation does not apply to contracts for the delivery of
- goods that are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer, or goods which are clearly customized to the personal needs of the consumer
- sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed following delivery
- sound or video recordings or computer software in a sealed package, if the seal has been removed following delivery
- newspapers, periodicals or magazines, with the exception of subscription contracts
Secton 4 Terms of delivery and advance payment proviso
- We are entitled to make partial deliveries, insofar as this is reasonable for you.
- If no delivery time or no deviating delivery time is specified for the respective goods in our online store, the delivery period is two (2) to four (4) business days. The period begins – subject to the provision in paragraph 3 – upon the conclusion of the contract.
- For orders placed by customers who live or work abroad, or if there are reasonable reasons to believe there is a risk of payment default, we reserve the right to only make delivery following receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the advance payment proviso, we will inform you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
Section 5 Prices and shipping costs
- All prices in our online store are gross prices and include the statutory value added tax, but exclude applicable shipping costs.
- The associated shipping costs are specified in our online store under “Calculate shipping costs“ in the shopping cart. The price including VAT and shipping costs will also be displayed on the order form before you place your order.
- If we fulfill your order in accordance with Section 4, paragraph 1 using partial deliveries, you will only be liable for shipping costs for the first partial delivery. If the partial deliveries are made at your request, we charge shipping costs for each partial delivery.
- Goods are shipped by postal dispatch. We bear the shipping risk if the customer is a consumer.
Section 6 Terms of payment, set-off and right of retention
- Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the customer shall be deemed to be in default if payment is not made by the relevant date. Consumer customers in default shall be liable for default interest in the amount of 5 percentage points above the base interest rate. Customers which are classified as entrepreneurs and which are in default shall be liable for default interest in the amount of 9 percentage points above the base interest rate.
- The customer’s obligation to pay default interest does not exclude the assertion of further default damages by us.
- You are not entitled to set off our claims unless your counterclaims are legally final and encorceable or are undisputed. You are also entitled to set off our claims if you assert claims for defects or counterclaims from the same purchase contract.
- As a buyer, you may only exercise a right of retention if your counterclaim originates from the same contractual relationship.
Section 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
Section 8 Warranty
- We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. The limitation period for statutory claims for defects is two (2) years and begins upon delivery of the goods. With respect to entrepreneurs, the warranty obligation for goods delivered by us is twelve (12) months.
- Any seller's warranty provided by us for certain items, or manufacturer's warranties granted on certain items by manufacturers, are in addition to claims for defects of quality or title as defined in paragraph 1. Details of the scope of such warranties shall be given in the warranty terms accompanying the items, if any.
Section 9 Liability
- We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence, in accordance with the statutory provisions for damages or reimbursement of wasted expenditure.
- In other instances – unless otherwise stipulated in paragraph 3 – we shall only be liable for the breach of those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as the customer can regularly rely (what are known as material obligations), limited to compensation for predictable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
- Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
Section 10 Copyright
We hold copyrights to all pictures, films and texts published in our online store. Use of the images, films and texts without our express consent is prohibited.
Section 11 Applicable law and legal venue
- The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sales of Goods.The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer who is a consumer has his/her habitual residence, remain unaffected by the choice of law made in sentence 1.
- If you are a merchant and have your registered office in Germany at the time your order is placed, the exclusive legal venue is our registered office in Karlsruhe. In other respects, the applicable statutory provisions apply to local and international jurisdiction.