T&C for end users
GENERAL TERMS AND CONDITIONS FOR CONTRACTS WITH CONSUMERS
for the online shop of the company SafetyFence Solutions GmbH, Lübbecker Str. 16,
§ 1 GENERAL - SCOPE OF APPLICATION
(1) These terms and conditions apply exclusively in the relationship to consumers for all orders, legal declarations, contracts, deliveries and services in and to the online shop. Unless otherwise agreed, we object to the inclusion of deviating or additional conditions of the customer.
(2) A purchaser is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Businessmen/businesswomen, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
(3) Contract language is German. Details of the ordering process and the technical procedure of the order are given in the following clauses.
(4) You can view and print out the respective current General Terms and Conditions on our shop page.
§ 2 ORDER PROCESS - OFFER - CONCLUSION OF CONTRACT
(1) The representations of the products (hereinafter also referred to as "purchased goods") in the online shop do not yet constitute legally binding offers, but merely offers subject to change within the framework of an online catalogue. The customer can first place products selected by him/her in the shopping cart without obligation by clicking on the button "Add to cart" and correct his/her entries at any time before sending his/her binding order.
(2) The essential features of the purchased goods are presented within the framework of the respective offers.
(3) The customer submits a binding order with regard to the products in the shopping cart only by clicking the order button.
(4) The receipt of the order is immediately confirmed to the customer by email after the order has been sent.
(5) If the customer's order qualifies as an offer according to § 145 German Civil Code, we can accept it within five days.
(6) The prerequisite for a customer order is the proper registration of the customer within the scope of the intended online registration.
(7) The payment methods available to the customer in the online shop are listed under the correspondingly designated button or menu item or within the respective offer.
(8) The contract is concluded through our order confirmation (in writing or text form).
(9) The contract text can be printed or saved by the customer before sending the order.
§ 3 PRICES - TERMS OF PAYMENT
(1) The purchase prices quoted in our offers as well as the shipping costs represent final prices which include all price components including all applicable taxes.
(2) The resulting shipping costs are not included in the purchase price. They are shown separately during the ordering process, unless delivery free of shipping costs has been agreed.
(3) The applicable statutory value-added tax is shown separately on the invoice.
(4) A deduction of discount requires a special written agreement.
(5) Unless otherwise stated in the order confirmation, the purchase price is due for payment without deduction within 14 days of the invoice date. The legal regulations concerning the consequences of default of payment shall apply.
(6) If it has been agreed that delivery is to take place more than four months after conclusion of the contract, we shall be entitled to demand negotiations on a reassessment of the price in the event of price increases by our suppliers or unexpected increases in wage and transport costs. We shall be bound by the agreed price for the agreed delivery period, but at least for a period of four months.
(7) If we can demand compensation from the customer for non-performance of the contract, this shall amount to 15 % of the purchase price. The amount of damages shall be set lower or higher if and to the extent that the customer proves a lower damage or we prove a higher damage.
(8) The customer shall only be entitled to set-off if and insofar as his counterclaims have been legally established, acknowledged by us or are undisputed. The same applies to the exercise of a right of retention, whereby the counterclaim must be based on the same contractual relationship.
(9) In all other respects, the terms of payment regulated in the online shop shall be observed, unless other arrangements have been agreed with the customer. This also applies with regard to the costs of packaging and/or any transport insurance requested by the Customer.
§ 4 TERMS OF DELIVERY
(1) The start of the delivery times stated in the online shop or, if applicable, agreed upon differently, requires the prior clarification of all contractual and technical details and questions relevant for production and delivery. In doing so, the mutual legitimate interest of both parties in a proper and qualified contract, production and delivery processing shall be taken into account appropriately.
(2) Compliance with our delivery obligation also presupposes the timely and proper fulfilment of the customer's cooperation obligations required for proper production and delivery. We reserve the right to the defence of non-performance of the contract.
(3) If the customer is in default of acceptance and/or culpably violates his aforementioned obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including reasonable additional expenses that become necessary. Further claims or rights remain unaffected and reserved.
(4) The delivery periods shall be extended appropriately in the event of lawful industrial disputes, in particular strikes and lock-outs as well as in the event of unforeseeable force majeure, if and insofar as such events have a demonstrably causal influence on the production and/or delivery of the product sold. The customer will be informed immediately of the beginning and end of such obstacles.
(5) In the cases of the aforementioned paragraph (3), the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay. Otherwise, the risk of accidental loss or accidental deterioration of the products shall pass to the customer upon delivery to the customer, unless the customer has independently commissioned a transport company or other person not named by us.
(6) Delivery shall be made exclusively within the Federal Republic of Germany.
(7) The delivery assumes that the delivery address can be reached by truck or corresponding delivery vehicles and that it is feasible to use normal means of transport. In cases of doubt, the customer should clarify this with us in good time before delivery.
§ 5 LIABILITY FOR DEFECTS
The statutory rights of liability for defects shall apply.
§ 6 LIABILITY
(1) We, any companies affiliated with us, our legal representatives, executives and other vicarious agents shall be liable to the statutory extent for culpable damages in the event of a breach of material contractual or pre-contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, as well as in the event of the absence of assured or guaranteed properties and in the event of culpable injury to life, body or health.
(2) Any further liability - irrespective of the legal grounds - shall be exclusively in accordance with the Product Liability Act or in the event of grossly negligent or intentional damage caused by us, by any affiliated companies, legal representatives or vicarious agents.
(3) In the event of a slightly negligent breach of a material contractual or pre-contractual obligation, liability shall be limited to the direct average damage that is reasonably foreseeable and typical for this type of contract.
(4) Notwithstanding the above provisions, liability for the loss of data shall additionally be limited to the expenditure normally incurred for the restoration of data and shall only exist in the case of slight negligence if the data has been backed up by the customer at regular intervals appropriate to the application and in a suitable manner.
(5) These liability provisions shall also apply to damages caused by errors, delays, interruptions or other impairments in the transmission or reproduction of data or in the event of technical malfunctions of transmission technology, network, server or software and also to damages in addition to performance and damages in lieu of performance, regardless of the legal grounds, whether due to the breach of duties arising from an obligation, from § 311a German Civil Code, from illegal acts or due to defects.
(6) The provisions on liability for defects pursuant to § 5 of these General Terms and Conditions shall remain unaffected.
§ 7 RESERVATION OF TITLE
The object of sale remains our property until the purchase price has been paid in full.
§ 8 RIGHT OF REVOCATION FOR CONSUMERS
The following revocation instruction applies exclusively to consumers:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The right of withdrawal is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of revocation, you must inform us (SafetyFence Solutions GmbH, Lübbecker Str. 16, 32257 Bünde, Phone: 00800 00240024, E-Mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form attached below, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to 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 contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post. The costs for goods that cannot be sent by parcel post are estimated at a maximum of approximately 250.00 euros.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the nature, properties or function of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To SafetyFence Solutions GmbH, Lübbecker Str. 16, 32257 Bünde, E-Mail: email@example.com :
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*), received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
Exclusion or grounds for expiration
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 9 INDUSTRIAL PROPERTY RIGHTS
(1) The customer undertakes, with regard to the products as well as photographs, illustrations, drawings, drafts, calculations and other samples and documents, to
to observe and not to violate existing copyrights, trademark rights, design rights and other property rights on our website or on the websites of third parties.
(2) The customer shall treat as confidential all information, materials, documents and data obtained from us beyond the published contents of the online shop, which are marked as confidential or whose confidentiality results from their subject matter or other circumstances, and shall not pass them on to third parties, exploit them or use them in any other way without our prior consent. The obligation of confidentiality shall continue even after termination of the cooperation or business relationship. It shall not apply in the event of a statutory or official disclosure obligation.
(3) On request at the latest, handed over documents, materials and data including all copies made thereof shall be returned to us or deleted, unless a legal or contractually agreed right of retention exists.
§ 10 ALTERNATIVE ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform) for consumers, which is available at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution agency. Our e-mail address is
firstname.lastname@example.org . Our other contact details can also be found in the imprint.
§ 11 FINAL PROVISIONS
The contracting parties shall observe the respective applicable provisions of German and European data protection law. Further details on data protection and our handling, responsibilities and information in this respect, as well as on rights and obligations in connection with this, can be found in our data protection declaration.
The entire contractual relationship between us and the customer shall be governed by German law to the exclusion of national, interstate and supranational administrative law, which does not itself refer to substantive German law, as well as to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as the protection granted to consumers is not thereby withdrawn by mandatory provisions of the law of the state in which a consumer has his habitual residence.
(Status September 2020)