General terms and conditions of business
(The following terms and conditions also contain legal information on your rights in electronic commerce as well as mandatory information for consumers)
§ 1 Definitions
§ 2 Scope of the General Terms and Conditions for Entrepreneurs
§ 3 Retention of title
§ 4 Warranty
§ 5 Transport damage
§ 6 Applicable law
§ 7 Place of jurisdiction
§ 8 Consumer information and information in electronic commerce
1. Contract language
2. Conclusion of contract and technical steps leading to conclusion of contract
3. Correction of input errors before sending the order
4. Storage of the contract text
5. Details regarding payment
6. Details regarding delivery
7. Prices and shipping costs
8. Customs and import duties for deliveries to third countries (e.g. Switzerland, USA)
9. Information about warranty conditions and guarantees
10. Right of withdrawal for consumers
11. Essential characteristics of the goods or services
12. Identity and address of the seller
13. Online dispute resolution (OS platform)
14. Dispute settlement under the Consumer Dispute Settlement Act (VSBG)
Notes according to Battery Act
§ 1 Definitions
(1) If these General Terms and Conditions stipulate special rights and obligations only for consumers pursuant to Section 13 of the German Civil Code (BGB) or only for entrepreneurs pursuant to Section 14 of the German Civil Code (BGB), the following definitions shall apply:
(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor self-employed activity.
(3) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
§ 2 Scope of the General Terms and Conditions for Entrepreneurs
(1) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 Paragraph 3 of the General Terms and Conditions), these General Terms and Conditions apply exclusively. The buyer's General Terms and Conditions only apply to the extent that the seller has expressly agreed to them in writing before the respective contract is concluded.
(2) If the Buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) (see Section 1 Paragraph 3 of the General Terms and Conditions), these General Terms and Conditions shall also apply to all future transactions between the Contracting Parties.
§ 3 Retention of title
The ordered goods remain the property of the seller until full payment has been made. Prior to transfer of ownership, pledging, transfer by way of security, processing or modification is not permitted without the express consent of the seller.
§ 4 Warranty
(1) If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 Paragraph 2 of the General Terms and Conditions), he is entitled to the statutory warranty rights. The warranty period is 24 months from the delivery of the item to the buyer.
(2) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 Paragraph 3 of the General Terms and Conditions), the warranty period for new items is one year from delivery of the item. No warranty is provided for used items to an entrepreneur. Claims for damages are excluded from this. These are governed by the statutory provisions.
(3) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 Paragraph 3 of the General Terms and Conditions), he is only entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to inspect and report in accordance with Section 5 Paragraph 4 of these General Terms and Conditions.
§ 5 Transport damage
(1) If the buyer is a consumer (see Section 1 Paragraph 2 of the General Terms and Conditions), we ask that goods with obvious damage to the packaging or contents be complained about to the freight service or that they be refused acceptance. In this case, we also ask the buyer to contact us immediately by email, fax or post.
(2) If you discover any hidden defects, please notify us immediately.
(3) The above provisions do not entail any shortening of warranty rights, cancellation rights and limitation periods.
(4) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 Paragraph 3 of the General Terms and Conditions), he must inspect the goods for transport damage immediately upon receipt. Any transport damage that can be identified must be reported to the seller in writing immediately. The buyer must obtain written confirmation of any packaging damage from the transport company upon receipt of the goods. If such a defect becomes apparent later, the report must be made immediately after discovery.
§ 6 Applicable law
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany, with the exception of its conflict of law provisions. In relation to consumers (see Section 1 Paragraph 2 of the General Terms and Conditions), this choice of law therefore only applies to the extent that mandatory provisions of the law of the state in which the consumer has his or her habitual residence do not conflict with the provisions of these General Terms and Conditions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 7 Place of jurisdiction
The courts at the seller's registered office shall have exclusive jurisdiction for disputes arising from or in connection with the delivery of the goods and/or these General Terms and Conditions, provided that the customer is a merchant or a legal entity under public law or a special fund under public law or the customer does not have a permanent residence in Germany, the customer has moved his or her place of residence or habitual abode abroad after these General Terms and Conditions came into effect or if the customer's place of residence or habitual abode is not known at the time the action is brought.
§ 8 Consumer information and information in electronic commerce
1. Contract language
The contract language is German. These General Terms and Conditions are only available in German.
2. Conclusion of contract and technical steps leading to the conclusion of the contract
a) The product presentations in the online shop are not binding offers from the seller but merely represent an invitation from the seller to the buyer to submit a purchase offer to the seller.
b) If the buyer puts a product in the shopping cart, he goes through an ordering process in the seller's online shop before submitting a binding offer. Here the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only when the online order is sent by clicking on the binding order button "order with obligation to pay" does the buyer submit a binding offer for the ordered goods at the price stated in the order overview.
c) If the buyer selects "purchase on account" or "cash on delivery" as the payment method during the ordering process, the buyer's offer will be accepted by the seller sending an order confirmation by email within 3 working days of the buyer's order being sent. If the buyer does not receive an order confirmation from the seller within this period, the buyer's offer will be deemed rejected and the contract will not be concluded. In this case, the buyer is no longer bound to his offer.
d) If the buyer selects "advance payment" or "bank transfer" as the payment method during the ordering process, the buyer's offer is accepted at the time the payment order is confirmed to the bank. The contract with the seller is concluded when the buyer confirms the payment order to his bank.
e) If the buyer selects “Paypal” as the payment method during the ordering process, the buyer’s offer is accepted at the time the payment order is confirmed to PayPal. The contract with the seller is concluded when the buyer confirms the payment order to PayPal.
f) If the buyer selects "credit card" as the payment method during the ordering process, the buyer's offer is accepted at the time the credit card is charged, which occurs immediately after the buyer sends the credit card details. The contract with the seller is concluded when the credit card is charged.
G) If the buyer selects "direct debit" as the payment method during the ordering process, the buyer's offer will be accepted at the time the account is debited, which occurs immediately after the buyer sends the account details. The contract with the seller is concluded when the buyer's account is debited.
h) If the buyer selects “instant bank transfer” as the payment method during the ordering process, the contract is concluded at the time the buyer confirms the payment order to SOFORT GmbH.
i) The buyer can also request an offer from the seller by telephone, fax or email without obligation. In this case, the seller will send the buyer a binding offer including the required mandatory information within 7 working days after the telephone request or sending the request by fax/email or letter, whereby the receipt of the offer by the buyer is decisive for compliance with the deadline. The buyer can then accept the seller's offer within 7 working days of receiving the offer by telephone, fax, email or letter, whereby it is sufficient for the deadline to be met if the buyer sends the fax, email or letter within the deadline or accepts the seller's offer by telephone to the seller within the deadline. If the buyer does not accept the seller's offer by telephone within the aforementioned deadline or does not send his declaration of acceptance by email, fax or letter within the deadline, the seller's offer is deemed to have been rejected and the contract is not concluded. In this case, the seller is no longer bound by his offer.
3. Correction of input errors before sending the order
You can check your order on a separate page before it is finally sent. You can then correct any input errors by clicking on the "Back" button on your Internet browser on the previous page or by using the corresponding correction function in the Internet shop during the ordering process.
4. Storage of the contract text
The order data, the general terms and conditions and the cancellation policy will be sent to the buyer in text form by email with the seller's order confirmation. In addition, the contract text will be saved on the seller's internal systems and sent to the buyer again by email upon request.
5. Details regarding payment
a) Payment of the purchase price is made using the payment options offered during the ordering process.
b) Installment payments require prior coordination/agreement with the seller.
c) In case of default in payment, the seller is entitled to withdraw from the contract after expiry of a reasonable period for performance.
6. Details regarding delivery
a) Unless otherwise agreed before the conclusion of the contract, the goods will generally be delivered to the address provided by the buyer within Germany or to the countries selected during the ordering process. Deliveries to other countries are excluded.
b) The maximum delivery times and any existing delivery restrictions can be found under a correspondingly marked link in our online shop.
c) Due to circumstances beyond the seller's control, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer of this immediately. The buyer's rights remain unaffected by this; in particular, the buyer is entitled to withdraw from the contract after setting a reasonable grace period.
d) If delivery is impossible for reasons for which the seller is not responsible, the right to delivery is excluded. In the event that the service cannot be fulfilled, the seller undertakes to inform the buyer immediately of the impediments to performance and to immediately refund any payments already made.
e) Irrespective of transport insurance, the seller bears the risk of loss or damage to the goods during transport, provided that the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 Paragraph 2 of the General Terms and Conditions).
f) The seller is free to choose the transport company.
7. Prices and shipping costs
a) The prices stated in the respective offers include statutory VAT and other price components (total price) plus the shipping costs shown separately. For deliveries to countries outside the European Union (third countries), additional customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see section 8 of these terms and conditions below).
b) If the item sold is subject to differential taxation (used goods), the sales prices include the sales tax to be paid by the seller in accordance with Section 25a of the VAT Act and plus the shipping costs shown separately. In the case of differential taxation, the sales tax cannot be shown.
8. Customs and import duties for deliveries to countries outside the EU
We would like to point out that for deliveries to countries outside the European Union (third countries), additional customs fees or taxes may be incurred once the purchased goods have reached the third country. These additional customs fees or taxes are borne by the buyer. The seller has no influence on these fees and cannot predict the amount, as customs regulations vary considerably from country to country. For deliveries to a third country, we recommend that the buyer inquire about possible customs fees or local taxes at the customs office responsible for the third country.
9. Information on warranty conditions and guarantees
a) Information about the warranty conditions can be found in Section 4 of the General Terms and Conditions.
b) If the seller provides an additional voluntary guarantee, this does not restrict the buyer's statutory warranty rights. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be found in the respective guarantee declaration.
10. Right of withdrawal for consumers
If you conclude a legal transaction for a purpose that cannot be attributed predominantly to your commercial or independent professional activity (consumer within the meaning of Section 13 of the German Civil Code), you are generally entitled to a right of cancellation. You can find details of the right of cancellation in the seller's separate cancellation policy.
11. Essential characteristics of the goods or services
The essential characteristics of the goods or services can be found in the seller’s offers.
12. Identity and address of the seller
Our identity and our address for service are:
Statement clo GmbH
Rheinpromenade 11
40789 Monheim am Rhein
Managing Director: Carsten Hermanns
13. Online dispute resolution (OS platform)
The EU Commission provides an online platform for dispute resolution (ODR platform) with online retailers. The ODR platform is intended to serve the out-of-court settlement of disputes about contractual obligations arising from online sales contracts. This ODR platform can be reached via the following link: http://ec.europa.eu/consumers/odr/
14.Dispute settlement under the Consumer Dispute Settlement Act (VSBG)
We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration board.
Status of these Terms and Conditions: 20.10.2020
