General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Panama Prestige GmbH (hereinafter referred to as "Seller”) shall apply to all
contracts concluded between a consumer or a trader (hereinafter referred to as "Client”)
and the Seller relating to all goods and/or services presented in the Seller's online shop.
The inclusion of the Client’s own conditions is herewith objected to, unless other terms
have been stipulated.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with
legal capacity who, when concluding a legal transaction, acts in the exercise of his
commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 When selecting the payment method credit card, the invoice amount is due
immediately upon conclusion of the contract. Payment by credit card is processed in
cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal
Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to
carry out a credit assessment and to refuse this payment method if the credit check is
negative.
4.4 If a payment method offered via the payment service "Stripe" is selected, the
payment shall be processed via the payment service provider Stripe Payments Europe
Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter:
"Stripe"). The individual payment methods offered via Stripe are communicated to the
customer in the seller's online shop. For the processing of payments, Stripe may use the
services of third party payment service providers, for which special payment conditions
may apply, to which the customer may be informed separately. Further information on
"Stripe" is available on the Internet at https://stripe.com.
4.5 If a payment method offered via the payment service "PayPal" is selected, the
payment shall be processed via PayPal, whereby PayPal may also use the services of
third-party payment service providers for this purpose. If the seller also offers payment
methods via PayPal that involve advance payments to the client (e.g., purchase on
account or payment by instalments), he shall assign his payment claim to PayPal or to
the payment service provider commissioned by PayPal and specifically named to the
client. Before accepting the seller's declaration of assignment, PayPal or the payment
service provider commissioned by PayPal shall carry out a credit check using the
transmitted client data. The seller reserves the right to refuse the client the selected
payment method in the event of a negative check result. If the selected payment
method is approved, the client must pay the invoice amount within the agreed payment
period or in the agreed payment intervals. In this case, he can only make payment to
PayPal or the payment service provider commissioned by PayPal with debt-discharging
effect. However, even in the case of assignment of claims, the seller remains
responsible for general customer enquiries, e.g., about the goods, delivery time,
dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area
specified by the Seller to the delivery address specified by the Client unless otherwise
agreed. When processing the transaction, the delivery address specified in the Seller's
order processing shall be decisive. Deviating from this, if the payment method PayPal is
selected, the delivery address deposited by the Client with PayPal at the time of
payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the nonsupply
and if he has concluded a concrete hedging transaction with the supplier. The
Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or
partial availability of the goods he shall inform the Client and grant him immediately
counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall
apply. Deviating therefrom, the following shall apply to contracts for the delivery of
goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from
delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the
scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period of
limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building
and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with
respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims for defects.
8) Liability
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including
tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the German Product Liability Act
(Produkthaftungsgesetz).
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited
to the damage that is typical for the contract and foreseeable, unless unlimited liability
applies in accordance with the above paragraph. Material contractual obligations are
obligations that the contract imposes on the Seller in accordance with its content in
order to achieve the purpose of the contract, the fulfillment of which makes the proper
execution of the contract possible in the first place and on whose compliance the Client
can regularly rely.
8.3 Otherwise, liability on the part of the Seller is excluded.
8.4 The above liability provisions also apply with regard to the liability of the Seller for
his vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties under exclusion of the laws governing the international purchase of movable
goods. For Consumers, this choice of law only applies to the extent that the granted
protection is not withdrawn by mandatory provisions of the law of the country, in which
the Consumer has his habitual residence.
10) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases the Seller is entitled to call the court
responsible for the seat of the Client.
11) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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