The following General Terms and Conditions also contain legal information on your rights under the regulations on distance contracts and electronic commerce.
1. Scope of application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Data protection
12. Jurisdiction, Applicable Law, Contract Language
1. Scope of application
1.1.
Sanjay Sauldie
Carl-Benz-Str. 37
68167 Mannheim
Represented by: Sanjay Sauldie
Phone: +49 (0) 151-40530884
E-mail: recht@sauldie.com
Register entry:
Sales tax identification number: DE216423325
(hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. 2.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 9:00 AM to 6:00 PM at the above telephone number.
1.3. a consumer in the sense of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. deviating terms and conditions of the customer are not recognised unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.(1) The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee. 2.
2.all offers are valid “while stocks last”, unless otherwise stated with the products. Errors and omissions excepted.
3. Order procedure and conclusion of contract
3.(1) The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart]. The customer can then complete the ordering process by clicking on the [Continue to checkout] button in the shopping basket. 2.
3.by clicking the [Buy] button, the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*). 3.
3.the seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. 4.
3.4. should the seller allow payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation, despite the due date, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.(1) All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.in addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.(1) If payment in advance has been agreed, delivery shall be made after receipt of the invoice amount.
5.if not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer. 3.
5.if the delivery of the goods should fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately. 4.
5.4. if the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid. 5.
5.customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.the customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available means of payment on a separate information page. 2.
6.2. if payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction. 3.
6.3. if third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business shall apply. 4.
6.4. if the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears. 5.
6.5. the customer’s obligation to pay interest on arrears does not preclude the seller from asserting further claims for damages caused by arrears.
6.(6) The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of title
The goods delivered shall remain the property of the seller until payment has been made in full.
8. Warranty for material defects and guarantee
8.the warranty shall be governed by statutory provisions. 1.
8.the goods delivered by the seller shall only be covered by a guarantee if this has been expressly given. Customers will be informed of the terms of the guarantee before the order process is initiated.
9. Liability
9.(1) The Seller’s liability for damages shall be subject to the following exclusions and limitations of liability, without prejudice to the other statutory conditions for claims.
9.(2) The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.(3) Furthermore, the seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences. 4.
9.the above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. 5.
9.insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.(1) The customer may print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.the seller also sends the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. Data protection
11.(1) The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
11.2. the personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller to fulfil and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
11.the customer has the right to receive, upon request and free of charge, information about the personal data stored about him/her by the seller. In addition, he has the right to have incorrect data corrected, and to have his personal data blocked and deleted, provided that there is no legal obligation to retain such data. 4.
11.further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
12. Place of jurisdiction, applicable law, contractual language
12.the place of jurisdiction and performance shall be the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law. 2.
12.the language of the contract shall be German.