Terms & conditions
§ 1 Validity
(1) These Terms and Conditions of Sale apply exclusively. We shall not acknowledge any deviating or conflicting conditions unless we have expressly agreed to them in writing.
(2) These Terms and Conditions of Sale shall also apply to all future transactions between the parties and also if we deliver the goods in the knowledge of deviating or conflicting terms and conditions.
(3) These Terms and Conditions of Sale shall apply equally to transactions with consumers and entrepreneurs. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who concludes the contract for a purpose which cannot be attributed to either his commercial or his self-employed professional activity (§ 13 of the German Civil Code – BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of his or its commercial or self-employed professional activity when concluding the contract (§ 14 para. 1 BGB).
§ 2 Offer, acceptance
(1) Our offers always represent an invitation to the customer to send us a binding offer to conclude a sales contract ("order") by placing an order.
(2) The order in the online shop takes place in the following steps:
· Selection of the desired goods by clicking the [add to shopping cart] button in the shopping cart;
· Entering of login data to register in the online shop (first name, surname, address, email address, telephone – After initial registration, just a login with email address or user name and password is required;
· Confirmation by the purchaser of the pre-contractual conditions.
· Selection of payment method.
· Checking of the information in the shopping cart.
· Confirmation of the order by clicking on the "order with payment" button.
· An email is sent to the customer with acknowledgement of receipt, order data, instructions on revocation and a model withdrawal form
(3) By placing an order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By placing the order, the customer acknowledges the pre-contractual information for consumers and acknowledges these GTC as the sole authoritative basis for the legal relationship with us.
(4) In the case of goods ordered electronically (e.g. via the online shop), we will confirm receipt of the order to the customer immediately by sending an email to the address provided by the customer specified on the order. However, our confirmation of receipt does not constitute acceptance of the customer's order. It only serves to inform the customer that we have received the order. The declaration of acceptance of the customer's contractual offer is made by the delivery of the goods or by an express declaration of acceptance.
(5) We are entitled to accept or reject the contractual offer contained in the customer's order within 30 days of receipt of the order.
§ 3 Prices, Payment
(1) Our prices are quoted ex works, plus packaging costs, unless expressly agreed otherwise. The shipping costs depend on the weight of the delivery and the country of destination.
(2) The customer can choose to pay for the goods by Paypal or by prepayment. We reserve the right to allow only certain payment methods in the event of a negative result of the address and credit check.
(3) Should the customer fall into arrears with payment, we shall be entitled to demand reminder charges as well as interest on arrears for the legally permissible amount and any additional processing costs incurred.
(4) We shall be entitled to transfer the name, gender, address, amount of outstanding balance and reminder data to collection agencies authorised to collect receivables.
§ 4 Set-off, Retention
The purchaser shall only be entitled to set-off if his counterclaims are undisputed or legally established. The purchaser shall only be entitled to assert his or her rights of retention on the basis of counterclaims from the same contractual relationship.
§ 5 Delivery
(1) Delivery presupposes the timely and proper fulfilment of the purchaser's obligations. The objection of a non-fulfilled contract remains reserved.
(2) In the event of default of acceptance or other culpable breach of duties to cooperate on the part of the purchaser, we shall be entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser at the time of default in acceptance or other breach of cooperation obligations.
§ 6 Transfer of Risk, Shipment
If the goods are dispatched at the request of the purchaser, the risk of accidental loss and accidental deterioration of the goods shall pass to the purchaser at the time of dispatch.
§ 7 Retention of Title
(1) The goods shall remain our property until all payments have been received in full. We shall be entitled to take back the goods in the event of breaches of contract by the purchaser, including default in payment.
(2) The purchaser shall treat the goods with care, insure them appropriately and, if necessary, maintain them.
(3) Insofar as the purchase price has not been paid in full, the purchaser must inform us immediately in writing if the goods are encumbered with rights of third parties or are subject to other interventions by third parties.
(4) The purchaser is entitled to resell the goods subject to retention of title during the ordinary course of business. In this case, however, the purchaser hereby assigns to us all claims arising from such resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Irrespective of our authority to collect the claim ourselves, the purchaser remains authorised to collect the claim, even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that the purchaser meets his payment obligations, no application for the opening of insolvency or similar proceedings have been filed and no suspension of payments exists.
(5) Insofar as the aforementioned securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion at the request of the purchaser.
§ 8 Warranty
(1) If the customer is an entrepreneur, the prerequisite for any warranty rights of the purchaser is the purchaser's proper fulfilment of all inspection and notification of defect obligations owed in accordance with § 377 of the German Commercial Code (HGB).
(2) In the case of entrepreneurs, warranty claims must be asserted within 12 months of the transfer of risk.
(3) In the event of defects in the goods, the purchaser has the right to subsequent performance in the form of rectification of the defect or delivery of a defect-free item. If the subsequent performance fails, the purchaser is entitled to reduce the purchase price or to withdraw from the contract.
§ 9 Right of Withdrawal for Consumer Contracts
(1) In principle, consumers have a legal right of revocation when concluding a remote sales transaction, from which deviations are permissible only in favour of the consumer.
(2) We will inform you of your right of revocation in accordance with the statutory provisions as follows:
I. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter, fax or email sent by post) sent to
89160 Dornstadt, Germany
In the event of revocation by email: email@example.com
In the event of revocation by telephone: +49 (0)7348 98 70-510;
of your decision to withdraw from this Agreement. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
II. Consequences of withdrawal
If you withdraw from this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your withdrawal from this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising if you choose a different delivery method to the cheapest standard delivery we offered). For this reimbursement, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this reimbursement.
You must return or hand over the goods immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest, to
89160 Dornstadt, Germany
This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
We shall bear the costs of returning the goods.
You shall only be liable for any depreciation of the goods if such depreciation is due to any handling of the goods which is not necessary to examine their nature, properties and functionality.
You can find a model withdrawal form here or at www.smartred.de > Data privacy.
§ 10 Liability
(1) In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions; the same shall apply in the event of culpable breach of material contractual obligations. Insofar as there is no intentional breach of contract, our liability for damages shall be limited to foreseeable, typically occurring damage.
(2) Liability for culpable injury to life, limb or health and liability under the Product Liability Act shall remain unaffected.
(3) Unless expressly agreed otherwise above, our liability is excluded.
§ 11 Applicable Law, Place of Jurisdiction, Consumer Dispute Resolution
(1) This contract is subject to the law of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Ulm.
(3) We do not participate in dispute resolution proceedings before a consumer arbitration body.