Terms and conditions
TERMS AND CONDITIONS
General terms and conditions with customer information
Table of contents
Area of application
Conclusion of contract
Prices and payment terms
Terms of delivery and dispatch terms
Retention of title
Liability for defects (guarantee)
Redemption of action vouchers
Alternative quarrel settlement
1) Area of application
1. 1 The general terms and conditions (in the following "Terms and Conditions") of the Saatkamp GbR (in the following "shop assistant"), are valid for all contracts about the delivery of goods which a consumer or enterpriser (in the following "customer") concludes with the shop assistant concerning from the shop assistant in his on-line shop to shown goods. Herewith it is contradicted the inclusion by own conditions of the customer, unless, something else is agreed.
1. 2 Consumer for the purposes of these Terms and Conditions is every natural person who closes a legal deal for purposes which can be added predominantly neither her commercial ones nor her independent professional activity. Enterpriser for the purposes of these Terms and Conditions is a natural or legal entity or a having legal capacity personal society which acts by end of a legal business in exercise of her commercial or independent professional activity.
2) Conclusion of contract
2. 1 The product descriptions in the online shop of the shop assistant are not seen as a binding offer from the sale assistant. They are just used for a binding offer from the customer.
2. 2 The customer can deliver the offer with the integrated online order form in the online shop of the shop assistant. After adding the chosen goods to the virtual shopping cart and finishing the electronical ordering process the customer makes an binding offer by clicking the button to finish the order process for the goods in his shopping cart.
2. 3 The shop assistant can accept the offer of the customer within five days,
- while he transmits a written confirmation of order or a confirmation of order in text form (fax or e-mail) to the customer and in this respect the access of the confirmation of order is decisive for the customer, or
- while he delivers the ordered goods to the customer and in this respect the access of the product is decisive for the customer, or
- while he requests the customer after delivery of his order to the payment.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e. g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. In addition, the contract text is archived on the website of the seller and can be called up free of charge by the customer via his password-protected customer account stating the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
Before placing a binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with which the display on the screen is enlarged. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Cancellation right
3. 1 Consumer is generally entitled to a right of revocation.
3. 2 More detailed information on the right of revocation can be found in the seller's revocation instructions.
3. 3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e. g. transfer fees, exchange rate fees) or import duties or taxes (e. g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5. Terms of delivery and dispatch terms
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
5.3 Collection by the customer is not possible for logistical reasons.
6. Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects (guarantee)
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8.Redemption of action vouchers
8.1 Vouchers that are issued free of charge by the seller as part of advertising campaigns with a certain validity period and that cannot be purchased by the customer (hereinafter "promotion vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the action voucher.
8.4 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.8 The credit balance of a promotion voucher is neither paid out in cash nor interest.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.10 The promotion voucher is transferable. The seller can pay with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the inability to contract or the lack of representation authorization of the respective owner.
9. Applicable right
9.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
10. Alternative quarrel settlement
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec. europa. eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor prepared to participate in a dispute settlement procedure before a consumer arbitration body.