1.1. The following contract provisions (GTC) apply to all contracts concluded via the online form of Dr. Nicolas Jochum & Dominik Büren GbR, Frillenseestraße 39, 82467 Garmisch-Partenkirchen (hereinafter referred to as SELLER) under the domain http://www.saufeder.eu with the customer (hereinafter: CUSTOMER).
1.2. These General Terms and Conditions contain special regulations for customers who are entrepreneurs within the meaning of § 14 German Civil Code (BGB) (hereinafter referred to as: ENTREPRENEURS). These specific clauses for business transactions are characterized by an explicit reference to CUSTOMERS and do not apply to transactions with consumers in accordance to § 13 German Civil Code (BGB).
1.3. The SELLER does not accept deviating general terms and conditions of business of the customer, unless the SELLER had expressly agreed to this in writing.
2. Conclusion of contract
2.1. The CUSTOMER can correct any input errors, especially erroneously sent orders, via a message to the SELLER within 12 hours.
2.2. The presentation of the SELLER's products is merely a non-committal invitation to the CUSTOMER to place an order. The CUSTOMER will submit a binding offer for the conclusion of the contract. The SELLER will immediately confirm receipt of the order by e-mail. The SELLER will accept the offer of the CUSTOMER after checking the goods inventory by separate declaration of acceptance by e-mail or by sending the goods after the order. It is only with this separate declaration of acceptance or with the receipt of the goods within the aforementioned period that the purchase contract is concluded. The invoice is equivalent to an acceptance declaration.
2.3. The purchase contract is concluded with Dr. Nicolas Jochum & Dominik Büren GbR, Frillenseestraße 39, 82467 Garmisch-Partenkirchen
2.4. The contract language is German.
3. Revocation instruction
You have the right to revoke this agreement within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party who is not the carrier has taken possession of the goods.
To exercise your right of revocation, you must contact us (Dr Nicolas Jochum & Dominik Büren, GbR - Inh. Dr. Nicolas Jochum & Dominik Büren, Frillenseestraße 39, 80796 Garmisch-Partenkirchen, Phone: +49 152 36643400) by means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment charges. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days. They bear the immediate cost of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
If possible, the goods should be returned in the original packaging with all accessories and packaging components. If possible, use a protective outer packaging if the original packaging is no longer available in order to ensure adequate protection against possible transport damage. Damage and contamination on the thing to be repaired should be avoided. We would like to point out that the right of revocation and its consequences are self-evident, irrespective of the observance of this notice. It merely serves to facilitate the handling of the return.
4. Contractual data storage
The contract text is stored by the SELLER. The order data will be sent to the customer separately in text form (e-mail). The GTC can also be accessed and printed online (http://www.supeder.eu/AGB).
5. Prices and shipping costs
5.1. The prices that apply are as they are displayed online on the day of the order.
5.2. The online prices shown are in Euro and include VAT.
5.3. The prices displayed on the web do not include the shipping costs for packaging and postage. The shipping costs are calculated according to the request and sent with the inquiry response by e-mail.
5.4. For all orders / deliveries to the foreign country, a fixed rate is charged as it is shown in the online shipping rate table.
5.5. In the case of cross-border deliveries, additional taxes (for example in the case of an intra-Community acquisition) and / or duties (for example duties) may be payable by the CUSTOMER.
6. Terms of payment
6.1. The SELLER accepts only payment methods offered during the ordering process. The CUSTOMER selects the payment method preferred by him under the available payment methods himself.
6.2. If a delivery is effected against cash on delivery, the CUSTOMER has to make the payment of the purchase price plus any resulting delivery and shipping costs at the time of the delivery in cash to the shipping company carrying out the shipment. The COD fee will be communicated to the customer.
6.3. If a delivery against prepayment takes place by transfer, the CUSTOMER has to transfer the payment of the purchase price plus accumulated delivery and shipping costs before delivery to the seller. The delivery shall be made upon receipt of the full invoice amount on the SELLER's account.
6.4. If a payment is made through PayPal, the CUSTOMER must have a PayPal account and authenticate with his access data. Next, the CUSTOMER must go through the PayPal payment process and confirm the payment to the SELLER.
7. Shipping and Delivery Conditions - Information for the calculation of the delivery date
7.1. Unless otherwise agreed with the CUSTOMER, the delivery of the goods takes place on the dispatch route to the delivery address given in the request by the CUSTOMER.
7.2. The delivery time is indicated separately in the respective article or product description on the article page.
7.3. The delivery time stated on the article page begins with payment in advance on the working day after the payment order of the CUSTOMER to the transferring credit institution, or for all other forms of payment on the working day after the day of the conclusion of the contract.
7.4. The risk of the accidental loss and the accidental deterioration of the goods sold is transferred to a suitable transport person when deliveries are made to the entrepreneur with the handover to himself or a person entitled to receive the goods, in case of the purchase purchase already with the delivery of the goods. In case of deliveries to consumers, the risk of accidental loss and the accidental deterioration of the goods sold will pass to the consumer after transferring the goods to the consumer in accordance with § 446 BGB. With regard to the transfer of risk, the transfer shall be deemed to be the same if the CUSTOMER is in default of acceptance.
7.5. Orders and deliveries are only offered in and to Germany, as well as in the countries indicated in the following shipping costs table:
Germany 6,90 €
Denmark 13,90 €
France 15,90 €
Italy 15,90 €
Austria 13,90 €
Switzerland 24,90 €
Delivered in a padded folding box.
7.6. In the event of delayed delivery, the SELLER will promptly notify the CLIENTS.
8. Reservation of title
8.1. The SELLER reserves the title to the goods sold until the purchase price has been paid in full.
8.2. The goods subject to retention of title may not be pledged or transferred to third parties by the CUSTOMER prior to the complete payment of the secured claims. The CUSTOMER shall immediately notify the SELLER in writing if and insofar as third parties access the SELLER's goods.
8.3. In the event of a breach of contract by the CUSTOMER, in particular in the case of non-payment of the purchase price due, the SELLER shall be entitled to withdraw from the contract in accordance with statutory provisions and to demand the goods to be subject to the retention of title and withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert such rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline or if such a deadline is not required under the statutory provisions.
9. Warranty / Liability / Obligation to complain
9.1. The rights in the case of defects of the purchased item are governed by statutory provisions.
9.2. Deficiency claims of ENTREPRENEURS presuppose that the latter has duly complied with his investigation and complaint obligations due pursuant to § 377 HGB within 14 calendar days after receipt of the goods in text form. This obligation to notify shall not apply to CUSTOMERS who are consumers in accordance to § 13 of the German Civil Code (BGB).
9.3. The statutory period of limitation for claims for defects by COMPANIES is 12 months, as of the transfer of risks to the COMPANY. This shortening of the warranty obligation does not apply to CUSTOMERS, consumers in accordance to § 13 of the German Civil Code (BGB).
9.4. Defects which are attributable to improper use of the product do not fall under the warranty obligation of the SELLER.
10.1. The claims of the CLIENT for damages or replacement of futile expenses against the SELLER are directed outside the warranty right without regard to the legal nature of the claim according to these provisions.
10.2. The liability of the SELLER is excluded - irrespective of the legal grounds - unless the cause of the damage is based on the intent and / or gross negligence of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the liability of the SELLER is excluded or restricted, this also applies to the personal liability of the SELLER's employees, representatives or vicarious agents. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3. The SELLER shall be liable for damage resulting from injury to life, body or health which is based on intentional, gross negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.
10.4. Insofar as the SELLER at least negligently violates a fundamental contractual obligation, i.e. a duty whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability is based on the typically arising damages, i.e. on such damages which within the framework of the contract can be typically expected. An essential contractual or cardinal obligation in the aforementioned sense is one whose performance the proper implementation of this contract is only possible at first and on whose adherence the CUSTOMER can regularly trust and trust.
10.5. The SELLER shall not be liable for damages that are not caused by the delivery item. In particular, we are not liable for damages caused by improper use of the delivered articles. The SELLER explicitly points out that the products may only be used for the stated purpose.
10.6. The products offered can lead to deviations in consistency, shape and color due to production-related parameters. Quality fluctuations, which are caused by the nature of the product or the raw materials, do not entitle to claims for damages.
11. Data storage and data protection
The data protection provisions of the data protection law apply exclusively on the website http://www.saufeder.eu
12. Final provisions
12.1. The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law.
12.2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not removed.
12.3. If the CUSTOMER is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is the place of business of the SELLER in 82467 Garmisch-Partenkirchen.
12.4. This shall be the case if the CUSTOMER is an entrepreneur and does not have a general court of jurisdiction in Germany or is not aware of his domicile or habitual residence at the time the action is brought. The power of the SELLER to also bring the court to another legal court remains unaffected.