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General Terms and Conditions

General Terms and Conditions of

Süddeutsche Gelenkscheibenfabrik GmbH & Co KG's Online Shop

 

 

1. Scope

 

The following delivery and payment conditions are the only ones that apply to all business relationships between the Online Shop Operator Süddeutsche Gelenkscheibenfabrik GmbH & Co KG - hereinafter: "Online Shop Operator" and the Customer in the version valid at the time the order is placed. Customers for the purposes of these terms and conditions are consumers (Section 13 of the German Civil Code (BGB)) or entrepreneurs (Section 14 BGB). Verbal ancillary agreements are only valid if they are confirmed in writing by the Online Shop Operator. The contractual language is German and German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

 

2. Conclusion of contract

 

(1) The representation of products is not an offer in the legal sense, but rather a non-binding invitation to the Customer to order products from the Online Shop Operator. By placing an order to purchase the goods desired, the Customer makes a binding offer to conclude a purchase contract. The prompt confirmation that the order has been received and further information about the order do not constitute an acceptance of the order. The contract will come into being when the Online Shop Operator accepts the Customer's offer by issuing an invoice or sending the goods.

 

(2) The Customer is expressly not entitled to a contractual right of cancellation. The right of cancellation as defined in Paragraph 3 remains unaffected. If the Customer is not a consumer, it is not entitled to return goods to the Online Shop Operator once delivered if the goods correspond to those which were ordered and are free of defects.

  

 3. Delivery

 

(1) The delivery of the goods ordered shall be made via UPS/DHL/forwarder delivery (insured) to the Customer; handover of the goods shall be made to the Customer, to the individual named in the order or to people living in the same household as the Customer and be binding on the customer, unless this has been expressly ruled out by the Customer.

 

(2) The Online Shop Operator aims to make a full delivery. Should this be impossible, partial deliveries are permitted as long as these are reasonable for the Customer. Customers will not incur any additional costs for postage and packaging in such cases.

 

(3) If a product cannot be delivered due to force majeure or production difficulties at no fault of the Online Shop Operator, or if the offered goods go out of stock and cannot be obtained under reasonable conditions of the Online Shop Operator, the Online Shop Operator shall be released from the obligation to deliver. The Customer shall be immediately notified and any payments made by the Customer shall be refunded without delay.

 

 

4. Prices and payment conditions

 

(1) The prices displayed for an offer at the time of the order are applicable. All prices are in EUR. They are ex warehouse and are inclusive of VAT. The Online Shop Operator shall provide the Customer with an invoice for the ordered goods, which will be sent by post when the goods are delivered.

 

(2) Payments can be made by credit card or by using the PayPal payment service, according to the payment method offered and selected.

The ‘Purchase on Account’ option can be cleared up to a maximum amount of €1,000 per order for business clients with a valid value added tax identification number and a business account with the SGF online shop. Please contact Shop@sgf.de to apply for clearance.

 

(3) If the Customer is in default of payment, the Online Shop Operator is entitled to charge statutory interest on arrears. This is without prejudice to assertion of claims for higher damages.

 


5. Packaging and shipping costs

 

(1) Packaging and shipping costs are calculated and shown to the Customer as separate charges prior to conclusion of contract. For overseas shipments and transfer from abroad, it is pointed out that further taxes and costs that will not be collected or invoiced by the Online Shop Operator may be incurred.

(2) The customer will bear the costs associated with the direct return of the goods. 

 

 

6. Retention of title

 

The goods delivered shall remain the property of the Online Shop Operator until full payment has been received.

 

 

7. Warranty and limitation of liability

 

(1) The statutory warranty provisions apply to consumers. If the item purchased is defective, the Customer can choose between rectification of the defect or replacement delivery. Warranty claims expire two years after delivery of the goods.

 

(2) In the case of defects claimed by a Customer who is not a consumer within the meaning of Section 13 BGB, the Online Shop Operator is entitled to choose either rectification of the defect or replacement delivery. If the online store operator is not able to rectify the defect or provide a replacement delivery, the Customer is entitled to choose to demand a reduction of the purchase price, withdraw from the contract and/or demand damages at its discretion. The statutory regulations also apply.

 

(3) With the exception of cases of intent and gross negligence, the Online Shop Operator is liable for the contractual and non-contractual breach of duty only if substantial contractual obligations were not met, thereby  putting the achievement of the purpose of the contract at risk. Any claims existing before the conclusion of the contract are excluded. The liability amount is limited to foreseeable, typically occurring damage.

 

(4)  Liability claims resulting from a wilful or grossly negligent breach of obligations in guarantee statements, liability for damages resulting from injury to life, body or health as well as liability in accordance with the mandatory provisions of the Produkthaftungsgesetz (Product Liability Act) remain unaffected by the the abovementioned exclusions of liability and limitations of liability.

 

8. Data protection

 

The data transmitted are stored by the Online Shop Operator solely for contractual purposes. The Customer is aware of and agrees to the fact that their personal data required for request and order processing will be stored and used. The Customer has the right to withdraw their consent at any time with future effect. If that happens, the Online Shop Operator undertakes to immediately delete the personal data, unless an order has not yet been completely settled. At the Customer's request, the Online Shop Operator shall provide information about the stored data at any time. This information may be provided electronically if requested by the Customer.

 

 

9. Packaging provisions

 

The Online Shop Operator is connected to an approved dual system as required by law and uses only registered sales packaging.

 

 

10. Battery regulations

 

Batteries must not be disposed of with household waste. The Customer is obliged by law to ensure that batteries are disposed of correctly. They can return used batteries free of charge to iHipster U or dispose of them at municipal collection points and local retailers. Batteries containing hazardous substances are labelled with a symbol consisting of a waste container with a line through it and the chemical symbol (Cd, Hg or Pb) of the heavy metal resulting in classification as a pollutant. The symbols have the following meaning:

 

  • Pb = battery contains lead
  • Cd = battery contains cadmium
  • Hg = battery contains mercury

 

 

 

11. Final Provisions

 

(1) The legal place of jurisdiction applies. If the Customer is a merchant, the place of jurisdiction is hereby agreed as Waldkraiburg. German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

(2) The invalidity of one or more of the agreed conditions shall not affect the legal validity of the agreement and the remaining provisions. In the event of invalidity, the provisions of law apply.

 

 

Version: 13 June 2014