General Conditions of Sale of SAREX Communications (February 2020)
Article 1. General, scope
(1) For any business relationship between:
SAREX Communications e.K. Alexander Muth,
Kiefernblick 28, 03042 Cottbus, Germany
Phone: +49 355 75216494
EU VAT ID: DE302107662
Commercial register: District court Cottbus HRA 3126 CB
(hereinafter referred to as “Schutztechnik.com”) and you (hereinafter referred to as “customer”) the following general terms and conditions apply in their currently valid version, which will also apply to all future related legal transactions with the customer.
Deviating terms and conditions of the customer are excluded, unless Schutztechnik.com has expressly agreed to them in writing. The exclusion of the validity of deviating terms and conditions also applies if Schutztechnik.com confirms and implements a customer order despite being aware of the deviating customer conditions.
(2) The range of goods in the online store of Schutztechnik.com is aimed exclusively at customers who are to be viewed as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who, when entering into the contract, exercise their commercial or independent professional activity and legal special funds according to §310 Abs. 1 BGB as well as legal persons. Orders by consumers are ineffective and will not be executed. The right of withdrawal according to § 312g BGB and the transfer of risk for consumers according to § 13 BGB do not apply.
(3) The product presentation in the online shop of Schutztechnik.com offers a non-binding catalog of a selection of goods and does not provide a legally binding offer. By clicking on the "Buy" or “Complete order” button, the customer confirms the binding order of all goods in the shopping cart and thus makes a legally binding offer. The subsequently sent electronic confirmation letter from Schutztechnik.com does not constitute acceptance of the contract. The contract only comes into existence through a separate order confirmation by Schutztechnik.com, which can be accepted within two weeks.
The general terms and conditions and the order data will be sent to the customer via email. The customer has the option of viewing previous orders in his login area. If there is no order confirmation by Schutztechnik.com, Schutztechnik.com rejects the customer's order and no contract has been concluded.
(4) Schutztechnik.com reserves the right not to provide the promised service if the goods are not available, even after the contract has been concluded, even though an obligation transaction has been concluded. Any consideration rendered by the customer until then will be reimbursed immediately and the customer will be informed immediately via email. Any further claims against Schutztechnik.com are excluded.
(5) Schutztechnik.com is obliged according to § 6a paragraph 4 UStG to check the information provided by the customer with the "care of a prudent businessman". The negative result of this check, even after the contract has been concluded, means that the promised service is not rendered even though a commitment transaction has been concluded. Any consideration rendered by the customer until then will be reimbursed immediately and the customer will be informed immediately via email. Any further claims against Schutztechnik.com are excluded.
The negative result of the customer's review occurs, among other things, but not exclusively if:
- the customer is a consumer according to § 13 BGB,
- the customer cannot provide a valid sales tax identification number (VAT ID No.) for EU-based entrepreneurs and no valid business identification number (UID) for legal persons and legal entities resident in Switzerland,
- possibly imposed payments by prepayment via bank transfer or prepayment via credit card have not been made completely or not at all. (6) Contract languages are German and English.
(7) The customer goes through the following technical steps in the ordering process of the online shop of Schutztechnik.com about the common function of his internet browser:
- Desired products are added to the shopping cart via the button: "ADD TO SHOPPING CART" and temporarily stored there.
- By clicking on the "CHECK OUT" or "Shopping cart" buttons, the customer is forwarded to the general order overview page (shopping cart). From here, the purchase steps described as follows are carried out:
- Checking and adjusting the products and quantities in the shopping cart
- Possibility to enter special information at Schutztechnik.com
- Only for non-German EU customers: Enter the sales tax identification number (EU Vat Id) for the electronic preliminary check of the admissibility for a tax-free intra-Community supply of goods
- Confirmation of the order overview page by clicking on the "CHECK OUT" button
- If you are already logged in as a customer: Redirect to the "Review order" page
- If not yet registered: Request to register and forward to the "Review order" page or Request to register "Create account" and then forward to the "Review order" page
- Checking and possible adjustment of the email address, the payment method, the billing and delivery address, the shipping costs as well as the subtotal and total by the customer.
- Click on the ”BUY” or "Complete order" button to confirm the binding order by the customer.
§2 Delivery and delivery times
(1) The delivery is generally at the risk of the customer. The customer must examine the goods immediately after delivery and notify the seller of any defects. If he fails to notify, the goods are deemed to have been approved (Section 377 of the German Commercial Code (HGB)).
(2) Companies that are not based in Germany undertake the confirmation of arrival submitted by Schutztechnik.com "Certification of the entry of the object of an intra-Community supply into another EU Member State (Entry Certificate)" within 5 working days after receipt of the goods at the delivery address in writing and send it to Schutztechnik.com via email.
(3) Packaging becomes the property of the customer and will not be taken back.
(4) The delivery times of the order confirmation by Schutztechnik.com apply. Goods available from stock are delivered with a delivery time of 3 to 4 days of schutztechnik.com order confirmation.
(5) The delivery period begins with the receipt of full payment to Schutztechnik.com.
(6) The customer is obliged to ensure acceptance of the delivery. Schutztechnik.com is entitled to invoice the customer for additional expenses and resulting damage due to breached cooperation obligations.
(7) Several ordered articles with different delivery times are shipped in a complete delivery. The resulting delivery time is based on the item with the longest delivery time. Separate agreements for partial deliveries require the written consent of Schutztechnik.com.
§3 Payment methods, prices and terms of payment
(1) The following payment methods apply to the payment terms stated:
(a) On account via bank transfer: The customer can choose the "On account" payment method during the ordering process. The customer receives an invoice upon order confirmation by Schutztechnik.com.Invoices must be paid within 30 days of the invoice date. Payments are always paid to the bank account specified on the invoice. Schutztechnik.com grants a 2% discount for a quick payment within 10 days of invoicing.
Schutztechnik.com charges default interest of 8% above the base interest rate for late payments.
Schutztechnik.com has the right to request full payment in advance for "payment on account" and to specify receipt of payment as a prerequisite for the dispatch of the goods.
(b) Prepayment via credit card: The customer can choose the payment method "credit card" in the order process. By clicking the "BUY" or “Complete order” button, the total amount is reserved on the credit card. Upon order confirmation by Schutztechnik.com, the customer receives an invoice and the credit card is debited.
Other payment methods are not permitted.
(2) The prices of the selection of goods in the catalog are net prices, on which the applicable statutory value added tax as well as costs for packaging and transport are to be paid additionally by the customer.
(3) Deliveries that are not made to Germany but abroad can result in additional customs duties, taxes or fees, which are to be paid by the customer, but not by Schutztechnik.com, to the customs and tax authorities responsible there. We recommend that the customer clarify all details with the customs or tax authorities before ordering.
(4) Since the prices, in particular for electronic components, are sometimes subject to extreme price fluctuations, Schutztechnik.com endeavors to pass on reductions in the market price to the customer. Increased transport costs, customs duties, fees and charges can also drive up the market price considerably. Schutztechnik.com is entitled to pass on price increases to the customer. This is done on the basis of the price list valid on the day of the customer order. Schutztechnik.com will inform the customer in the event of price increases. The business customer is not bound to his offer unless he confirms the price change communicated to him.
(5) Every ongoing business relationship between Schutztechnik.com and the customer is always based on individual orders, which do not allow mutual offsetting, insofar as claims not legally obtained or additional agreements confirmed in writing are recognized by Schutztechnik.com. The commercial right of retention regulated in §369 HGB is excluded.
(6) The customer bears the risk of foreign currencies against the euro from the conclusion of the contract until payment if the purchase price is not calculated in euros.
§4 Transfer of risk
The risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur when the goods are handed over, in the case of mail order sales with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
§5 Retention of title
According to §§ 158, 449 BGB, the goods remain the property of Schutztechnik.com until full payment, including existing additional claims and open claims to the customer, has been made by the customer.
§6 Warranty and defects
(1) Improper installation, improper handling and resulting culpable damage and defects by the customer or third parties are excluded from the warranty.
(2) The warranty is also excluded for wear resulting from use.
(3) The obligations owing to inspection and notification obligations owed by the customer according to § 377 HGB are a prerequisite for any guarantee.
(4) The customer checks received goods for completeness and defects. Existing defects and incomplete goods will be notified by the customer immediately and at the latest within one week to protection technology.com in the form of a written notification of defects (email: email@example.com). Hidden defects must be reported immediately after their discovery.
(5) The warranty period is 1 year from receipt of the goods.
(6) The customer has the right to demand the removal of the defect or the delivery of defect-free goods. Schutztechnik.com can refuse the type of supplementary performance chosen by the buyer if the costs are disproportionately high.
If the double attempt to remedy the defect fails by repair, the customer can demand delivery of defect-free goods or a reduction in the purchase price or withdrawal from the contract in accordance with § 439 BGB. Minor and insignificant defects do not entitle the customer to withdraw from the contract.
(7) In the event of withdrawal, § 346 BGB applies.
(1) If damage claims are based on intent or gross negligence, Schutztechnik.com is liable according to the statutory provisions.
(2) Schutztechnik.com is liable in accordance with the german Product Liability Act.
(3) In addition, the following limited liability applies: In the event of slight negligence, Schutztechni.com is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which is typically expected to occur. This limitation of liability also applies to our vicarious agents.
§8 Export regulations
(1) The export regulations of Germany, the EU and the USA apply to the export of goods from the Federal Republic of Germany. The customer must comply with these. If the customer needs the necessary export licenses or documents, these are at his own expense and must be obtained independently.
(2) If the export is refused, the customer is not entitled to withdraw from the contract or to claim damages.
§9 Place of jurisdiction, place of fulfilment
(1) If the customer is a businessman, a legal person under public law or a special fund under public law, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at the court of his domicile.
(2) The law of the Federal Republic of Germany shall apply; the UN sales law (CISG) shall not apply.
(3) Unless otherwise stated in the order confirmation, the registered office of Schutztechnik.com is the place of fulfilment.
(4) The customer is advised that personal data will be saved, processed and used in accordance with the data privacy statement of Schutztechnik.com. The currently valid version of the data protection declaration of Schutztechnik.com is an integral part of this contract.
§10 Alternative dispute resolution
Schutztechnik.com is not obliged to participate in a dispute settlement procedure before a consumer arbitration board and is generally not prepared to do so.
§11 Final provision
Should any of these provisions - for whatever reason - not apply, the effectiveness of the remaining provisions will not be affected.
SAREX Communications, February 20, 2020