Terms and conditions for B2B customers

This is the general supplier information and the information on the conclusion of the contract and the general terms and conditions of Pino Pumps GmbH for buyers acting in the course of their trade or profession.

Conclusion of the contract with Pino Pumps GmbH in the regular purchase.

Pino Pumps GmbH offers as a provider on this internet shop offer the posted articles as a non-binding offer to the prospective buyer to conclude a contract on the offered article/service. The prospective buyer has the possibility to put the desired article(s) into the virtual shopping cart by clicking on the corresponding button. The articles collected in the virtual shopping basket can be called up at any time by clicking on the shopping basket symbol. In the shopping cart view, you can then view the items, change their quantity or delete them from the shopping cart. The system will then guide you through the further steps of the ordering process with the help of instructions. Before completing the order, you can change the contents of the order, correct or delete data at any time. To do so, please use the instructions for making changes or the browser's "back button". Only by clicking on the order button in the last step of the ordering process do you make a declaration of intent to purchase the item/service at the specified price. This makes their declaration of intent binding and irrevocable. To go further, the Terms are to be accepted, "I have read the General Terms and Conditions and agree to them without reservation". The declaration of intent is made by confirming the "Order subject to payment" button at the end of the ordering process. The confirmation of the receipt of your order together with the acceptance of the order by Pino Pumps GmbH takes place immediately after the sending in text form by automated email. With this confirmation the purchase contract is concluded.

Contractual content and storage

The content of the contract is stored and is included in the order confirmation by email together with all relevant details such as supplier identification, order content. The terms and conditions of the contract can also be accessed at any time under the following link: General Terms and Conditions for Business Customers. The contents of the order, including earlier orders, can be viewed and retrieved under the "Customer Login" area.
Each page of the offer of Pino Pumps GmbH can be printed out at any time via the print function of the browser or via the button "Print page".

Languages

You can experience the shop in different languages; the contractual languages are German, English and Italian. However, the German language always applies to contractual relations and processing.

General Terms and Conditions of Pino Pumps GmbH

1. Validity of the conditions

Pino Pumps GmbH provides all deliveries and services exclusively on the basis of these terms and conditions. Deviating terms and conditions of the contracting parties shall not become part of the contract, unless they are expressly accepted by Pino Pumps GmbH in text form and included in the contract and shall then only apply to the respective transaction.

2. subject matter of the contract

The respective subject matter and scope of delivery/service of the sales contract result from the description of the article as they can be seen in the offer of Pino Pumps GmbH current at the time of the order. Assurances are only valid if they are included in the article description or if they have been assured by Pino Pumps GmbH in text form.

3. terms of payment / counterclaims

Payment is made in advance by bank transfer.

If you have ordered an item in stock, we will ship your order as soon as we have received your payment.

If you have ordered an item on demand, we will start production as soon as we have received your payment.
By default, you will receive invoices and credit notes exclusively in electronic form.

If after the conclusion of the contract circumstances become known to Pino Pumps GmbH which affect the purchaser's compliance with his contractual obligations, e.g. the payment obligations, Pino Pumps GmbH shall be entitled to refuse the execution of the order until the provision of a security (e.g. guarantee) or fulfilment (e.g. payment); Pino Pumps GmbH shall set a reasonable period of time for this purpose (§ 321 BGB).

The purchaser shall only be entitled to set-off against Pino Pumps GmbH if his counterclaim is undisputed or has become res judicata. The assertion of a right of retention is only permissible as far as the counterclaim is based on the same contractual relationship.

4. Delivery

1. As far as a delivery becomes impossible due to lack of self-supply, Pino Pumps GmbH shall be entitled to withdraw from the contract. Pino Pumps GmbH will immediately inform the purchaser about the unavailability and will immediately refund any consideration already paid.
2. Delivery will be made within 5 to 10 working days within the EU in addition to the production time. Outside the EU, the delivery time will be extended due to the preparation of export documents. These delivery details refer to the period after receipt of order at confirmation of payment. The information on readiness for dispatch refers to the availability at the central warehouse and to dispatch after confirmation of payment. The delivery time from order therefore also depends on the selected payment method and availability. Please also read the delivery status display.
3. If the subject or scope of performance is changed at the purchaser's request after the acceptance of the offer (by Pino Pumps GmbH), this will in any case set a new reasonable delivery period, also for the unchanged part of the order.
4. Two weeks after a delivery date or a delivery period has been exceeded the purchaser can ask Pino Pumps GmbH in writing to fulfil the contract within a reasonable period of time, but at least 20 days. This shall not apply if the buyer has omitted or refused to co-operate in the performance by Pino Pumps GmbH. If Pino Pumps GmbH does not perform until the expiry of the set term, the buyer can withdraw from the contract (§ 323 BGB). This shall not apply if the exceeding of the time limit is due to force majeure and other unforeseeable hindrances, such as riots, breakdowns, strikes, lock-outs, sanctions also if they occur at suppliers of Pino Pumps GmbH or sub-suppliers. Pino Pumps GmbH reserves the right to deviations customary in trade, as far as the subject matter of the delivery is not changed considerably and this is reasonable for the purchaser.
5. The colour representation on a screen may slightly deviate from the real colour.

5. Transfer of risk

1. The risk for any loss or deterioration of the goods passes to the buyer at the moment of handing over or default of acceptance, in case of sale by delivery to a place other than the place of performance already at the moment of handing over to the person carrying out the transport. If the dispatch is impossible without any fault of Pino Pumps GmbH or is prevented because of the buyer's lack of cooperation, the risk shall pass to the buyer with the notification of readiness for dispatch.
2. Pino Pumps GmbH reserves the right to dispatch the goods on another way of transport than the one indicated; also in case of deviating instructions by the purchaser, if this does not cause a considerably higher risk of deterioration or loss. Liability according to § 447 II BGB is limited to cases of gross negligence and intent.
3. Not recognised as transport damage can be the damage that was already present as such in the item description at the time of conclusion of the contract in the case of items identified as goods damaged in transit.

6. Acceptance and compensation

The purchaser shall inspect the delivered goods immediately after receipt for possible transport damages and shall immediately notify Pino Pumps GmbH of any existing damages in text form. As far as a justified damage in transit is reported, Pino Pumps GmbH shall, at its own choice, assign the legal rights to the purchaser or assert them in its own name; for the latter the commercial purchaser undertakes to authorise Pino Pumps GmbH to collect to the extent necessary.

1. If the buyer is in default of acceptance, he shall bear any risk of loss or deterioration, unless Pino Pumps GmbH is accused of gross negligence or intent. In this case Pino Pumps GmbH shall be entitled to refuse the reshipment and may require the buyer to pay the reshipment costs in advance within a reasonable period of time.
2. If the buyer does not comply with the obligation to collect the goods or to pay the shipping costs within the period according to letter b. above, Pino Pumps GmbH shall be entitled to withdraw from the contract and to claim damages.
3. As far as Pino Pumps GmbH is entitled to withdraw from the contract, Pino Pumps GmbH is entitled to claim damages. This compensation shall amount to 30% of the net value of the goods plus further transport and storage costs. Pino Pumps GmbH reserves the right to claim higher damages. The purchaser has the right to prove a lower damage.

7. Warranty

1. New goods

1. The following provisions apply to orders for newly manufactured goods.
2. The warranty period is one year and begins with the delivery/collection of the goods. The goods must be inspected for existing defects immediately upon delivery/collection. Obvious defects shall be notified to Pino Pumps GmbH in writing within two working days after delivery/collection or knowledge of the goods. Non-obvious defects have to be reported to Pino Pumps GmbH in text form within three working days after the appearance of the defect.
3. If the purchase is a mutual commercial purchase it is agreed that the obligation to give notice of defects according to § 377 HGB (German Commercial Code) is fulfilled if the notice of defects is received by Pino Pumps GmbH in text form within two working days after receipt of the goods or discovery of the defect.
4. If there is a defect or if such a defect occurs during the warranty period, Pino Pumps GmbH shall be entitled to remedy this defect by subsequent delivery, replacement delivery or repair, at Pino Pumps GmbH's choice. If the defect is not remedied twice, the purchaser shall still be entitled to the statutory warranty rights.
5. If operating or maintenance instructions of the manufacturer or of Pino Pumps GmbH are not followed, if changes are made to the products, if parts are exchanged or if consumables are used which do not comply with the original specifications, the warranty shall not apply.
6. Operating materials and accessories subject to natural wear and tear are excluded from the warranty.
7. Remaining stock and goods damaged in transit are deemed to be new goods if they are not expressly marked as used equipment.
8. Independent warranty claims of the manufacturer or of Pino Pumps GmbH shall remain unaffected by the above provisions.
9. For software, as far as it is part of the scope of supply, clause 11 shall apply in addition.

b. Second-hand goods

1. The following provisions apply to the order of used goods.
2. Used goods, including those offered in the purchaser's order, and demonstration units are sold to the exclusion of any warranty.
3. Express warranty statements, assurances or guarantees in the item description remain unaffected by this.
   For software, insofar as it is the subject of the scope of performance, Clause 11 shall apply in addition.

8. Liability

Claims for damages for any legal reason whatsoever, be it for non-performance, breach of contractual or statutory accessory obligations, culpa in contrahendo, contracts with protective effect for third parties and tort, shall be excluded against Pino Pumps GmbH, as well as against their legal representatives and their vicarious agents, unless the damage is based on intent or gross negligence. This does not apply to claims for damages based on warranty of characteristics which shall protect the purchaser against the risk of consequential harm caused by a defect.

Pino Pumps GmbH shall furthermore be liable

1. to the full extent of the damage in case of its own gross negligence, that of its legal representatives and that of its executive assistants, but not in case of gross negligence of simple assistants;
2. in addition, on the merits in the event of any culpable breach of cardinal obligations, in this case also by simple vicarious agents.
3. The liability is limited to the amount of the typically foreseeable damage.

9. Exemption

The foregoing warranty and exclusion of liability according to clauses 7 and 8 shall not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty by Pino Pumps GmbH or a wilful or negligent breach of duty by a legal representative or vicarious agent of Pino Pumps GmbH.

10. Data protection/info

Please read the privacy policy under Privacy Policy.

11. Special features of software components / software deliveries

Insofar as software is part of the operation and/or use of the object of performance or partial performance of the delivery, the following special conditions shall apply.

1. The software may only be used and utilised for the intended purpose. Any duplication is prohibited unless expressly permitted by the respective software manufacturer. In any case, the licence conditions of the manufacturer shall apply.
2. In any case, the protective rights resulting from the relevant laws, such as European and international copyright laws, trademark or other industrial property rights, should be observed.
3. Pino Pumps GmbH warrants the functionality of the software components only within the scope of the respective manufacturer's specifications.
4. In addition, the general terms and conditions of the software manufacturers apply, which in this case are also included in the contract as part of the contract.

12. free gifts / linked transactions

Insofar as individual articles contain free gifts, these are linked to the main transaction and cannot be contested in isolation. Ownership of the free gifts shall not pass to the purchaser until the revocation period for the main item has expired.

1. If the main transaction is revoked, the free gift as part of the main transaction and still owned by Pino Pumps GmbH has to be returned as well.

13. Special features for articles in foreign trade

Certain articles are only intended for the inner European market and are subject to export prohibitions to third countries. As far as the sale of an article is forbidden by legal regulations, Pino Pumps GmbH reserves the right to cancel the contract for an important reason and will inform the other party immediately and refund any amounts paid without delay.

14. Return

We also offer B2B customers the possibility to request the return of the item within 14 days if the item has not been used and is in its original packaging. The packaging may have been opened for inspection. However, this is limited to a maximum of 1 pump per position. In case of a revocation within 14 days, the consumer bears the return costs himself. We will bear the return costs in the event of an incorrect delivery. The return can be requested in the account area.

If there is a defect, our customer service will take care of the problem as quickly as possible. Often a return is not necessary.

We are also happy to buy back the pump as a used pump, please contact us for an offer.

15. Use of the Online Shop

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

This website may contain certain historical information. Historical information is necessarily out of date and is provided for reference only. We reserve the right to change the content of this website at any time. However, we are under no obligation to update the information on our website. You agree that it is your responsibility to keep track of any changes to our website.

We reserve the right to refuse service at any time and for any reason Some products or services may only be available online through the website. We reserve the right, but have no obligation, to restrict the sale of our products or services to any particular person, geographic area or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products and services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not undertake any obligation to update, amend or clarify any information contained in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date stated on the Service or on any related website shall be deemed to indicate that the information on the Service or on any related website has been changed or updated.

16. Place of performance, place of jurisdiction, applicable law

Place of performance and exclusive place of jurisdiction for both parties is Munich; this also applies to bills of exchange and cheques receivable.

    All legal relations between the parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the purchaser is domiciled or habitually resident abroad or if delivery is made abroad. The same shall apply if the purchaser subsequently moves his habitual residence abroad or is unreachable.

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Information on online dispute resolution:

The EU Commission has created an internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr

Pino Pumps GmbH does not participate in the arbitration procedure.