General Terms & Conditions
as of 01.08.2017
§1 Scope of Applicability
The following General Sales and Delivery Conditions apply for all business transactions with our customers or commercial consumers (hereinafter mutually called customers), even if they will not be mentioned in later contracts. Any customer implication of the General Terms and Conditions of purchase or of any other general trading conditions is hereby explicitly contradicted. This also applies when the customer refers to own trading conditions, even if they contain protection or exclusivity clauses, and we do not explicitly object to those, independently from the chronological order in which the competitive terms are referred to by the contracting party, unless they were agreed upon in writing.
§2 Formation of a Contract
- Our offers are non-binding. A written customer order and an order issued by phone or via e-mail is a binding offer. We can accept this offer at our own option within 5 working days by sending out an order confirmation or the goods to the customer.
- The delivery scope is determined by our written confirmation. Our offers stand under the reserve of a timely self-supply and availability of goods, provided that in a given case nothing else was explicitly agreed upon in writing.
- The failure to deliver or to comply with the delivery dates due to total or partial goods non-availability entitles the customer to rescind the contract after the fruitless expiry of a reasonable deadline of minimum 14 days. In this case further rights do not appertain to the customer.
- We do not accept liability in the case of obvious errors, spelling and calculation mistakes in the documents provided by us or accessible over the internet. The customer is obliged to inform us of such errors, so that our order confirmation or invoice can be corrected. This also applies in case of missing documents.
- Partial deliveries are permitted on a case-by-case basis as far as deemed acceptable to the customer.
- Exclusively to retailers: order cancellations as from the 10th day entitle the supplier to claim for the hereby resulting damage which is generally calculated from an average damage of 20% of the order value.
§3 Cancellation Right
Provided that you, as a customer, are the consumer in terms of §13 BGB, you have the right to cancel the contract within 14 days without stating the reasons for its cancellation. The cooling-off period is 14 days from the day on which you or a third party you know, who is not the carrier, take possession of the goods.
To execute your cancellation right you need to inform us (SchwerelosigkiteGbR, Mainzer Str. 147, 66121Saarbrücken, phone number: +49 681 6874346; e-mail: email@example.com) by means of an explicit statement (for example a postal letter or e-mail) about your decision to cancel the contract. For that you can use the cancellation form provided with the delivery/consignment, however this is not compulsory. In the event of you making use of this option, we will instantly communicate (for example via e-mail) a confirmation to you about the receipt of such a cancellation. In order to maintain the revocation period it is sufficient to send the notice of the execution of the cancellation right off before the end of the revocation period.
§4 Results of a Cancellation
If you cancel this contract, we will refund all payments received from you, inclusive the delivery charges (except for the additional costs which occurred through selecting a different way of delivery than the low-priced standard delivery offered by us) immediately and no later than 14 days after receiving your notice of contract cancellation. For this refund we will use the same payment method as the one you used to make the original transaction, unless something else was explicitly agreed upon; on no account will we charge you fees for this refund process.
We can refuse to refund, until we have regained the goods or until you have provided us with evidence that goods have been returned to us, depending which is the earliest case at that time. You have to return or deliver the goods to us immediately and in each instance no later than within 14 days after instructing us about the contract cancellation. The deadline is maintained, if you dispatch the goods before the expiration of the 14 days deadline. You must compensate for any eventual loss of value of goods that may arise, only if this is ascribed to the unnecessary handling of goods for examination of quality, properties and functionality by you.
- Those prices apply which are stated on the web page at the actual time of the order. We reserve the right to amend obvious errors.
- All prices are given in EUR and include the statutory VAT. For customers outside of the EU the gross value of the order will be considered as net.
- The customer is liable for packaging and shipping costs. Those will be added to the price of the order.
- A pick-up service will not be guaranteed unless it was clearly stated with the offer or auction.
- The delivery of the goods to the customer is made wherever possible within 3-4 working days after receiving a cleared payment. The customer will be notified immediately of any delays in the delivery process.
- The dispatch type and charge will be stated each time with the offer or auction. The postage/insurance/packaging costs work out according to the weight of the package and the destination country. In the case of shipping into a country outside the EU it is the customer's responsibility to pay all import duty costs in accordance with the regulations.
- If the customer informs us of the goods being damaged or lost while being sent within the deadline stated in §10 section 4, we will immediately make a claim for compensation to the perpetrator or an inquiry application regarding the whereabouts of the goods. We are not obliged to send a replacement of goods to the customer nor to refund the purchase price, as long as the shipping damage is not determined or the inquiry process not finished.
- For deliveries to Switzerland we issue invoices without sale tax. Independently from the parcel weight, we charge additional shipping costs in the amount of 10.80 EUR to the net purchase price of the product as well as an additional shipping flat rate of 20.00 EUR per order. The customer is liable for the import duty and any other arising charges in accordance with the country's regulations.
§7 Substitute Product, Disengagement Right
Should a certain item not be available for delivery, we can - in individual cases - send an equivalent product in terms of quality and price (substitute). The customer has the right to return this item within 14 days in accordance with §3. Should an ordered item or substitute item not be available for delivery, we are entitled to acquit ourselves of the contractual obligation. At the same time, we commit ourselves to inform the customer immediately of the product unavailability and to refund immediately any received payments.
§8 Terms and Conditions of Payment
- Here you will find all relevant information regarding the postage and shipping charges.
- For end customers payment can be made through payment on delivery, payment in advance (bank transfer), PayPal, by credit card (Visa / MasterCard), direct debit or through instant transfer. Payments by credit card or direct debit are processed by PayPal. However, a PayPal account is not necessary for the payment process.
- For commercial customers (traders and distributors) and upon consultation with the supplier payment can be also made on account or by direct debit provided the supplier explicitly agrees with that method of payment.
Payment in Advance
We dispatch the goods with the parcel service of our choice. The postage/insurance/packaging fees are calculated in accordance with weight and the country of destination. You will receive a confirmation of your order per email. We will post the goods after receiving a cleared payment. Please carry out the payment with specification of your order number only after receiving the order confirmation from us!
Payment via PayPal
We dispatch the goods with the parcel service of our choice. The postage/insurance/packaging fees are calculated in accordance with weight and the country of destination. When paying with PayPal you will automatically be transferred to the secure PayPal website and after payment authorisation back to our site. All payment transactions are secured and guaranteed through SSL-Encoding.
Payment via Instant Transfer (KLARNA)
We dispatch the goods with the parcel service of our choice. The postage/insurance/packaging fees are calculated in accordance with weight and the country of destination. When paying via instant transfer, you will be forwarded to the website carrying out the transfer procedure after your order. There you can register securely with your usual online banking login details. Your details will be passed on to the bank in an encoded form. After that you can make your transfer same as during online banking and you need to confirm your transaction with a TAN.
Invoice Payment / Only for Retailers
We dispatch the goods with the parcel service of our choice. The postage/insurance/packaging fees are calculated in accordance with weight and the country of destination. You will receive a confirmation of your order per email. The delivered goods remain the property of the Schwerelosigkite company till the full payment is received.
§9 Reservation of Ownership
Should in exceptional cases a delivery not be made on advance payment or cash on delivery due to relevant written arrangements with the customer, will the delivered goods pass into the ownership of the customer only after the full payment [is received]. The customer is not entitled to disposition of the goods before the passing of property. As long as we are still the owners of the goods, the customer has to inform us immediately if a third party claims any rights whatever to the goods.
§10 Warranty, Liability
- In accordance with §437 BGB in the case of defects on the delivered item the customer is initially only entitled to supplementary performance, meaning the customer can demand at one's own choice the amendment of the delivered goods or a replacement. Only after two unsuccessful supplementary performance attempts are any further statutory warranty claims, such as price reduction or cancellation of contract, due to the customer.
- If the customer chooses the subsequent improvement/amendment of the faulty new goods, he has to return the goods to us at our cost.
- For all occurring defects in the goods apply at buyer's option the statutory demands for cure, removal of defects, new supply as well as – at the presence of certain legal prerequisites/requirements – extensive demands for reduction or cancellation and in addition for compensation, including the compensation for damages rather than performance and also reimbursement for wasted expenditure.
- Transport damages are generally only acknowledged if the customer notifies us of them in writing or via e-mail immediately, and no later than 48 hours after receiving the goods, whereby the legal dispatch time of the notice matters for the keeping of the term.
- A liability for immediate or indirect defects – whatever legal reason and if lawfully admissible – exceeding the above stated regulation is impossible, unless the cause of damage is based on premeditation, gross negligence or fraudulent concealment of a deficiency. In those cases however is the liability limited to the predictable, typically re-entering damage.
- In the case that we are not able to make the owed payment due to force majeure, we are exempt from the performance obligation for the period of the hindrance. If the performance of the order or the delivery of the goods is not possible due to force majeure for a period longer than a month, the customer is entitled to cancellation of the contract. Further rights are not due to the customer in this instance.
§11 Data Protection
- All personal data is generally treated as confidential. The necessary data for business purposes is saved and where applicable passed on to affiliates as part of order processing. During the data processing the protection worthy interests of the customer are considered in accordance with the statutory regulations.
- As per §28, section 4 of the Federal Data Protection Act or §4, section 3 of the (German) Teleservices Data Protection Act the customer can object at any time to the above mentioned use and/or processing of the data by notifying us, or can respectively cancel the consent. After receiving the objection or cancellation notice we will no longer use or process the relevant data or discontinue immediately the dispatching of advertising media including our catalogue and/or we won't pass any data on for promotional purposes.
§12 Other Regulations
- Agreements deviating from these conditions or supplementing them must be given in writing in order to be effective.
- German law applies. The UN-sale of goods law is explicitly ceded.
- Place of performance is the headquarters of the Schwerelosigkite company (constituted under civil law). The place of jurisdiction for all disputes from the contractual relationship is Saarbrücken, provided the customer is a contractor in terms of §14 of the German Civil Code. In all other cases the statutory place of jurisdiction applies.