General Terms And Conditions
General Terms and Conditions (GTC)
General Terms and Conditions and Consumer Information covering purchase contracts which are concluded through the online shop between Silver25 Distribution – Regina Lupzik, Kapellenberg 10, 09120 Chemnitz – in the following referred to as “Silver25” or “Provider” – and the customer – in the following referred to as “Customer”.
§ 1 Scope and General Information
Subject to individual arrangements and agreements, which shall override these GTC, business relations between Silver25 and Customer shall exclusively be governed by the following Terms and Conditions in the version valid at the time of ordering. Conflicting terms and conditions of the Customer shall explicitly not be applicable, unless the Provider expressly agrees in writing to their application.
The Customer is a consumer insofar as the ordered deliveries and services cannot be associated with any commercial or self-employed occupation pursued by him. An entrepreneur, however, is any natural person or corporate entity or partnership with legal capacity which acts in pursuance of its commercial or self-employed occupation at the time of conclusion of contract.
§ 2 Conclusion of Contract
All offers in the online shop of the Provider only constitute a nonbinding invitation to the Customer to make the Provider a corresponding purchase offer. On receipt of the purchase order of the Customer by Silver25, the Customer will first receive an acknowledgement of his purchase order with Silver25, which will normally be sent by email (order acknowledgement). This, however, does not yet constitute an acceptance of the order. After receipt of the purchase order, Silver25 will shortly check it and inform the Customer within two working days whether or not it accepts the purchase order (order confirmation). No contract shall be concluded if the Customer does not receive an order confirmation within two working days.
The ordering procedure in the online shop of Silver25 works as follows:
The Customer may choose items from the range of Silver25 products and collect them in the so-called shopping cart by clicking “into the cart”. By clicking the button “Buying”, he makes a binding application for purchasing the item(s) contained in the cart. Before submitting the order, the Customer may at any time change and view the data. The purchase order, however, can only be submitted and transmitted if the Customer, by clicking the “Accept GTC” button, has accepted these contractual provisions and thus has included them into his purchase application.
Silver25 will then send an automatic receipt acknowledgement by email where the order of the Customer is listed again, which the Customer can print out through the “Print” function. The automatic receipt acknowledgement only documents that the order of the Customer has been received by Silver25, and it does not constitute the acceptance of the order. The contract only comes into effect after Silver25 has made an acceptance declaration which will be sent in a separate email.
For orders received by telephone, fax, email or post, the purchase contract becomes effective by sending the invoice/order confirmation to the Customer.
§ 3 Object of Contract, Property, Shipment, Goods Availability
Object of the contract are the goods and services as specified by the Customer in the ordering process and as stated in the order or order confirmation at the final prices displayed in the online shop. Errors and mistakes are excepted there, in particular with respect to goods availability.
The properties of the ordered goods appear from the product descriptions in the online shop. Illustrations on the website may reproduce the goods only vaguely. Colours, in particular, may considerably differ for technical reasons. Pictures are only a visual aid and may deviate from the real product. Technical data, weights, measures and performance descriptions are given as accurately as possible, but they may show normal variations. The properties described there do not constitute a deficiency of the products provided by Silver25.
If, at the time of ordering by the Customer, items chosen by him are not available, Silver25 will inform the Customer in the order confirmation accordingly. If the product is not available on a permanent basis, Silver25 will abstain from a declaration of acceptance. In such a case, a contract does not become effective.
If the product specified by the Customer in the order is not available only temporarily, Silver25 will also immediately notify the Customer in the order confirmation. In the case of more than 2 weeks delay in delivery, the Customer has the right to withdraw from the contract. In such case, also Silver25 has the right to dissolve the contract. Any payments the Customer may have already made will be reimbursed immediately.
§ 4 Reservation of Ownership
All goods delivered shall remain in the ownership of Silver25 until fully paid.
§ 5 Shipment, Prices, Shipping Costs
Shipment (delivery to the shipping company) will be effected immediately after receipt of the invoiced amount of money, otherwise immediately after sending the order confirmation.
All prices stated on the website of Silver25 are inclusive of the statutory value-added tax at the applicable rate.
Relevant shipping costs are specified for the Customer in the order form and shall be borne by the Customer.
The goods are sent under insurance cover shipped by DHL parcel service.
§ 6 Methods of Payment, Setoff, Right of Retention
The Customer can choose to make payment via Pay Pal, payment in advance or immediate payment. It is not possible to pay with credit card.
Payment of the purchase price falls due immediately after conclusion of contract. If the payment term is fixed by calendar, the Customer is already in default by failing to pay by that date. In such case, he will have to pay to Silver25 interest on arrears amounting to 5 percentage points on top of the base rate.
The obligation of the Customer to pay interest on arrears shall not preclude the exercise of claims by Silver25 for further damage caused by delay.
Any garment once worn shall be excluded from the right of exchange.
The Customer may set off only such counterclaims which have been adjudged, which are indisputable, or which have been confirmed in writing by the Provider. The Customer may exercise the right of retention only if underlying claims result from the same contractual relationship.
§ 7 Warranty for materials deficiencies, Guarantee
Silver25 shall be liable for materials deficiencies pursuant to applicable legal provisions, in particular §§ 434 et seqq. of the German Civil Code.
A guarantee is granted for goods delivered by Silver25 only when this is expressly stated for each item in the order confirmation.
§ 8 Liability
Compensation for damages claimed by the Customer are excluded, except for damages resulting from injury to life, body or health or from violation of fundamental contractual obligations (cardinal duties), and except for the liability for other damages resulting from deliberate or grossly negligent violation of duty by Silver25, its legal representatives or agents.
Violation of fundamental contractual obligations for the purpose of Para. 1 means that Silver25 shall be liable only for foreseeable damage typical for this contract if caused by ordinary negligence, unless the Customer’s claim for damage arises from injury to life, body or health.
Fundamental contractual obligations for the purpose of Para. 1 means liability for violation of duties, whose fulfilment has primarily enabled the proper execution of the contract and whose observance the Customer may consistently rely on.
The limitations of Para. 1 and 2 shall also apply to the legal representatives and agents of Silver25 if claims are made directly to them.
The provisions of the product liability act shall not be affected.
§ 9 Notes on data processing
Silver25 collects data of customers for the purpose of processing the contract. In doing so, Silver25 observes the legal provisions. Without the Customer’s consent, Silver25 will collect, process, and use only user-related data as far as this is necessary for contract performance and for the utilization and billing of teleservices.
Without the Customer’s consent, Silver25 shall not use the data of the Customer for promotion, market research or opinion polls.
The Customer may cancel this contract within two weeks without giving reasons. The cancellation period is fourteen days, commencing on the day when the Customer or a third person named by him, who is not the carrier, has taken possession of the goods.
The Customer’s cancellation is to be sent to:
Silver25 Vertriebsbüro, Regina Lupzik, Kapellenberg 10,
Fax: +49 (0) 371 519295, Email: firstname.lastname@example.org
explicitly stating his decision (e.g. by letter, fax, or email) to cancel this contract for which the “Cancellation Form” attached to the order confirmation may be used, the use of which is not mandatory, however.
To keep the cancellation period the Customer is required to send the notification of exercising his right of cancellation prior to the expiry of the cancellation period.
Silver25 may refuse back payment until the returned goods have been received or until the Customer has furnished proof of having sent the goods back, whichever is earlier.
Consequences of cancellation
If the Customer cancels this contract, Silver25 will repay the payments received for the goods by the customer, except extra costs resulting from a type of delivery other than the standard delivery offered by Silver25 as the most economical, immediately and not later than fourteen days counting from the day on which Silver25 has received the Customer’s note of cancellation of this contract. For back payment Silver25 will use the same means of payment as was used by the Customer in the original transaction, unless otherwise expressly agreed with the Customer. In no case shall any charges arise to the Customer due to the back payment. Silver25 may refuse back payment until the returned goods have been received. The Customer has to send back or deliver the goods immediately and in no case later than fourteen days counting from the day on which he has notified Silver25 of the cancellation of this contract, which goods shall be sent or delivered to
Silver25 Vertriebsbüro, Regina Lupzik, Kapellenberg 10,
The cancellation period is deemed to be kept if the Customer sends back the goods before the expiry of the fourteen days’ term. The Customer shall bear the direct costs for returning the goods and have to compensate any deterioration of the goods if such deterioration is attributable to improper usage of the goods by the Customer for testing their properties, characteristics and functioning.
- End of Cancellation Policy –
§ 11 Final stipulations
Contracts concluded between Silver25 and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sales of Goods.
If the Customer is a merchant, a corporate body under public law or a special fund under public law, the legal venue for any disputes arising from the contract between the Customer and Silver25 shall be at the place of the registered office of Silver25.
Should any clause of this contract prove to be legally invalid, the validity of the remaining parts shall not be affected.
Source: © Rechtsanwalt Jacob Metzler | www.rechtsanwalt-metzler.de