General terms and conditions
1. scope of application
The following General Terms and Conditions apply exclusively to the business relationship between SVM Spatzier and the Customer. SVM Spatzier does not recognise any terms and conditions that are contrary to or deviate from these General Terms and Conditions and hereby expressly objects to them. Conflicting terms and conditions of the Client shall only be valid if SVM Spatzier expressly agrees to them in writing.
2. contracting party
The purchase contract is concluded with: SVM-Spatzier, Sailerbachstr. 44, 83115 Neubeuern. You can reach our customer service for questions, complaints and objections on weekdays from 10:00 am to 6:00 pm under the telephone number 0049(0)80351468 as well as by e-mail:
info@svm-spatzier.de.
3. conclusion of contract
The presentation of the products on our website, www.svm-spatzier.de, merely contains an invitation to you to submit a contract offer.
By sending an order, you are making an offer within the meaning of § 145 BGB (German Civil Code). You will receive a confirmation of receipt of the order by e-mail. If necessary, we will point out to you separately any possible errors in the information on the product range on our website and make you a corresponding counter-offer.
You waive the receipt of a declaration of acceptance, § 151 S.1 BGB. The contract with us is concluded if we accept your offer in writing or in text form within 10 days or send the ordered goods or if you pay in advance. In the case of the agreed advance payment method, we declare acceptance of the contract at the time you make the advance payment if the payment is made within 14 days of sending the order.
4. storage of the contract text
We store your order and the order data you have provided. You have the option of printing out an order confirmation. The confirmation e-mail from us about your order is sufficient for this.
5. illustrations and descriptions
The product illustrations and descriptions are without guarantee. They may differ in part from the products ordered/delivered.
6. prices
The prices stated at www.svm-spatzier.de are gross prices and are inclusive of VAT and exclusive of any shipping costs incurred.
7. reservation of delivery
Our delivery is subject to stock availability. In the event that the goods are not available, you will be informed immediately. If you have already rendered your consideration and paid the purchase price, this will be refunded in full at your request.
The stated delivery dates are generally binding. In the event of delays, you will be informed by e-mail or telephone. We are entitled to make partial deliveries insofar as this is reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed.
8. Delivery, shipping costs, transfer of risk
Delivery shall be made at the shipping costs shown in each individual case. If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
9. retention of title
The delivered goods remain our property until full payment of the purchase price.
10. payments
Only the payment methods displayed to the customer during the ordering process will be accepted.
11. Warranty
The warranty shall be governed by the statutory provisions of the German Civil Code (BGB). If the purchase is a commercial transaction for both parties, the regulations of the HGB remain unaffected.
For customers from France, special national regulations apply in their favour with regard to warranty claims. These must be enquired about with the corresponding French authorities.
12. information for consumers in distance contracts and customer information in e-commerce contracts
a) We are not subject to any special codes of conduct not mentioned above.
b) You can identify any input errors when entering your personal data and the payment method during the final confirmation before checkout and correct them at any time using the change function before submitting the order.
c) The essential features of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of our Internet offer.
d) Complaints and warranty claims can be addressed to us.
e) Please refer to the offer for information on payment, delivery or fulfilment.
f) In the internet shop, you will be informed about possibilities to recognise and correct input errors during the order process.
13. Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat. Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (SVM Spatzier, Sailerbachstraße 44, D – 83115 Neubeuern, Te.: +4980351468, Fax: +4980351469, E-Mail: info@svm-spatzier.de) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das Sample cancellation form (click here) which, however, is not mandatory. You can fill in and submit the model withdrawal form or another clear declaration on our website electronically. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged 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 the earlier.
ou must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
In general, you bear the direct costs of returning the goods. In exceptional cases, however, the return costs can be borne by us after consultation.
ou 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 quality, characteristics and functioning of the goods.
14. Verschiedenes
a) The law of the Federal Republic of Germany shall apply to the contractual relationship between us and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable statutory regulations and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. The application of UN sales law is excluded.
b) The exclusive place of jurisdiction is the court at our registered office insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation. We also have the right to take legal action at the customer's place of business.
c) Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
15. Salvatorische Klausel
If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected.
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