General Terms and Conditions (GTC) for private customers of SIMTECX GmbH
Status: March 2020
Company: SIMTECX GmbH
Street no.: Bergstrasse 3
ZIP code city, country: 83413 Fridolfing, Germany
Commercial Register No.: HRB 26035
Managing Director: Manfred Mischko
Telephone number: +49 151 57364834
§ 1 Scope
(1) The following general terms and conditions apply to all deliveries between us and a consumer (private customer) in the version valid at the time of the order. We do not recognize any conditions that conflict with or deviate from our terms and conditions.
The following terms and conditions apply to all orders via our online shop by consumers (private customers).
(2) A consumer (private customer) is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.
§ 2 Formation of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders via our Internet shop https://www.simtecx.com/shop.
(2) In the case of the conclusion of the contract, the contract comes with the
Registration court district court Traunstein
(3) Placing the products in the online shop does not constitute an offer, but a non-binding invitation to you to order these products from us. Your order by e-mail, in writing in text form or by telephone represents a legally binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following regulations apply: The private customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the button "add to cart"
3) Checking the information in the shopping cart
4) Click on the "Checkout" button
5) Registration in the online shop after registering and entering the registration details (e-mail address and password)
6) Re-examination or correction of the entered data
7) Binding dispatch of the order by clicking on the button "ORDER"
Before the binding submission of the order, the private customer can return to the website on which the customer's details are recorded and input errors by pressing the "Back" button in the Internet browser he is using after checking his details correct or cancel the order process by closing the internet browser.
We will immediately confirm receipt of your order with an automatically generated email (order confirmation). With this we accept your offer. In the case of advance payment and cash on delivery orders, a contract is concluded when SIMTECX sends the order confirmation e-mail. Otherwise, a contract is concluded when the shipping confirmation email is sent.
(5) We save the text of the contract and send you the order data and our terms and conditions by email. You can also view the GTC at any time at https://www.simtecx.com/agb. You can view your past orders in our customer area under My Account --> My Orders.
§ 3 Contract language, contract text storage
(1) The language available for the conclusion of the contract is German.
(2) We save the text of the contract and send you the order data and our terms and conditions by email. You can view the text of the contract in our customer login.
§ 4 Prices, shipping costs, payment, due date
(1) The prices quoted are gross prices in EUR and include statutory sales tax and other price components. In addition, there are any shipping costs.
(2) As a private customer, you have the option of paying in advance, immediate transfer, SEPA direct debit, credit card (Visa, Mastercard).
(3) If you have chosen to pay in advance, you undertake to pay the purchase price immediately after conclusion of the contract.
(4) In any case, payment is due at the latest when the invoice or other accounting document is handed over or sent.
Please refer to the "Payment & Shipping" section for further details.
§ 5 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately. Nevertheless, we reserve the right to supply ourselves with items that we do not keep in stock. In case of delivery delays we will notify you immediately.
(2) In the event of final unavailability, advance payments already made will be refunded immediately.
(3) The deadline for delivery in the case of payment in advance begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(4) We only deliver by mail. Unfortunately, a self collection of the product is not possible. We also deliver to packing stations. For more details, please see in the "Payment & Shipping" section.
(5) We assume that the goods will be transported without damage, however, in the case of mail-order sales, the risk of accidental loss and accidental deterioration of the goods arises when the goods are handed over to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment you about. The handover is the same if you are in default with the acceptance.
(6) Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers and during the ordering process.
IMPORTANT: If the goods are delivered with obvious damage to the packaging or the contents, please complain immediately to the carrier/freight service, if necessary refuse acceptance and contact us as soon as possible. This is the only way we can assert our rights against the freight forwarder/freight service. Please also inform us of any hidden defects after they have been discovered. Of course, your warranty rights as our customer remain unaffected.
Section 6 Force Majeure
If, for reasons for which we are not responsible, we do not receive the contractual delivery or service owed by our sub-suppliers despite proper and sufficient stocking up prior to the conclusion of the contract with the customer in accordance with the quantity and quality from our delivery or service agreement with the customer, no correct or not in time, or if events of force majeure occur, we will inform our customer in good time in writing or in text form. In this case, we are entitled to postpone the delivery for the duration of the hindrance, provided we have complied with our above information obligation and have not assumed the procurement risk or a delivery guarantee. The following are equivalent to force majeure: strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks or obstacles through no fault of our own, operational hindrances through no fault of ours - e.g. due to fire, water and machine damage - and all other hindrances which, from an objective point of view, are not our fault caused.
§ 7 Defective Goods
Should you ever find damage to the goods we have delivered, we always strive to find a mutually satisfactory solution. If the goods delivered by us are defective, we are entitled, at our discretion, to repair the defective item or to make subsequent deliveries.
(1) To examine the delivered goods for deviations in quality and quantity and to notify us in writing of any recognizable defects within a period of two weeks from receipt of the goods. Of course, your warranty rights as our customer remain unaffected.
(2) Hidden defects must be reported to us in writing within a period of two weeks from discovery. Deadline is sufficient for the timely dispatch. It bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the point in time at which the defect was determined and for the timeliness of the notice of defects.
§ 8 Payment
The following payment methods are generally available in our shop:
If you pay in advance, you will receive an electronic message stating the amount to be paid and our bank details. Once your payment has been credited to our accounts, the ordered products will be sent to you as soon as they are available.
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an activated online banking account with PIN/TAN procedure for participation in Sofort, identify yourself accordingly and confirm the payment order to us. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
SEPA direct debit
The SEPA direct debit is a cashless payment process. The payer's account is debited with a specific and predetermined amount by the payee. The payer instructs the payee to carry out the financial transaction.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
§ 9 Retention of title
(1) The goods remain our property until full payment.
(2) The pledging or security transfer of the reserved goods is not permitted. You must inform us immediately about enforcement measures by third parties on the goods subject to retention of title and hand over the documents necessary for intervention; this also applies to impairments of any other kind. Irrespective of this, you must inform third parties in advance of the rights to the goods.
§ 10 Damage in transit
The following applies to consumers (private customers):
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 11 Warranty and Guarantees
(1) For new goods purchased from us, we grant a warranty of two years from delivery of the goods. This does not apply to claims for damages due to defects or claims under the Product Liability Act. Section 12 applies to claims for damages due to a defect. Unless otherwise regulated in §12, the statutory limitation period applies to all claims for damages, even if they are based on a breach of the obligation to remedy defects. The limitation periods in the case of a delivery recourse according to §§ 478, 479 BGB remain unaffected.
(2) In order to avoid legal disputes, before enforcing your warranty claims, you are also obliged to make the goods subject to the complaint available to us for examination of the defect, at our discretion at your premises, by sending them to us or to one of us determine third parties. To agree on how to proceed, please contact us by email: firstname.lastname@example.org.
(3) The limitation of the warranty period does not apply if we can be accused of gross negligence or in the event of bodily injury and damage to health attributable to us and if you lose your life. Our liability under the Product Liability Act remains unaffected. Subsequent performance does not constitute acknowledgment i. s.d. § 212 BGB.
(5) Warranty claims also expire if unauthorized third parties have interfered with the goods delivered by us or if changes have been made to them or consumables are used that do not correspond to our manufacturer specifications for the individual products delivered by us. If we replace individual components of the delivered items by way of repair, we acquire ownership of the removed components. In the event of a subsequent delivery, our company becomes the owner of the replaced products and/or components upon receipt of the replacement product by the contractual partner. Finally, in cases where defects in the products we have delivered cannot be proven to be detectable, we allow ourselves to charge a service fee depending on the effort involved, but usually EUR 80.00. We do not give you any guarantees in the legal sense. Manufacturer guarantees remain unaffected.
Section 12 Limitation of Liability
(1) We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
(2) We are only liable for our own content on our website. Insofar as we enable access to other websites with links, we are not responsible for the external content contained there. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
§ 13 Dispute Resolution
The EU Commission provides an online platform for out-of-court dispute resolution. As a result, consumers can initially resolve disputes in connection with online orders without the intervention of a court. The platform can be reached via the following external link: http://ec.europa.eu/consumers/odr/. Please note that we are not obliged to participate in such an arbitration procedure, but we do not refuse to participate in an out-of-court arbitration procedure.
Responsible is the general consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
§ 14 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
SIMTECX GmbH, Bergstraße 3, D-83413 Fridolfing, HRB 26035, register court Traunstein district court, email email@example.com
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
Consequences of revocation
If you revoke this contract, we will have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back 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 day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
§ 15 Choice of Law, Place of Jurisdiction
(1) German law applies, but only insofar as you are not deprived of the protection granted to you by mandatory provisions of the state in which you have your habitual residence. The validity of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from this contract is our place of business in Traunstein.
§ 16 Final Provisions
Should individual provisions of these terms and conditions or the contract concluded with you prove to be wholly or partially ineffective or unenforceable or become ineffective or unenforceable as a result of changes in legislation after the conclusion of the contract, the remaining contractual provisions and the effectiveness of the contract as a whole remain unaffected.
SIMTECX GmbH, Bergstrasse 3, 83413 Fridolfing