Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded through our online shop between us, saendorn gmbh - registered with the Cologne district court under number 119196 - represented by the managing directors Viktoria Vossebrecher and Justus Schwiebbe, and you as our customer. The T&Cs apply regardless of whether you are a consumer, entrepreneur, or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms of Sale, our written order confirmation, and our declaration of acceptance.
(3) The version of the T&Cs valid at the time of concluding the contract shall apply. We do not accept any differing conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of Contract
(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the "Order with obligation to pay" button, you place a legally binding order. You are bound by the order for a period of two weeks after placing the order; your right to withdraw your order, which may exist under § 3, remains unaffected by this.
(3) We will confirm the receipt of your order placed via our online shop immediately by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared therein in addition to the confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad from a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) Should the delivery of the goods you ordered not be possible, for example, because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any consideration already received without delay.
§ 3 Right of Withdrawal
(1) If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, exercise your right of withdrawal, you shall bear the regular costs of returning the goods.
(3) In all other respects, the regulations detailed in the following withdrawal policy apply to the right of withdrawal: Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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. To exercise your right of withdrawal, you must inform us - saendorn Gmbh, Viktoria Vossebrecher/Justus Schwiebbe, Lübecker Str. 16, 50670 Köln, hallo@saendorn.de - by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically fill out and submit the sample withdrawal form or any other clear statement on our website [insert internet address]. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us or to [insert name and address of person authorized by you to receive the goods, if applicable] without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost 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 the withdrawal policy.
(4) The right of withdrawal does not apply to distance contracts;
(a) for the supply of goods that are made to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can quickly spoil or whose expiration date would be exceeded,
(b) for the supply of audio or video recordings or computer software in a sealed package, if the seal has been broken by you.
§ 4 Delivery Conditions and Advance Payment Reservation
(1) We are entitled to make partial deliveries, provided this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract. For orders from customers with their domicile or business address abroad or in the event of justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and shipping costs.
§ 5 Prices and Shipping Costs
(1) All prices in our online shop are gross prices including statutory VAT and are exclusive of applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.
(3) If we fulfill your order by partial deliveries in accordance with § 4 para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If you effectively withdraw your declaration of contract in accordance with § 3, you can demand reimbursement of already paid shipping costs to you (outbound shipping costs) under the statutory conditions (see § 3 para. 3 for other consequences of withdrawal).
§ 6 Payment Conditions and Set-off and Right of Retention
(1) The purchase price and shipping costs are to be paid no later than two weeks after receipt of our invoice.
(2) You can pay the purchase price and shipping costs either by bank transfer to our account specified in the online shop, by granting us a direct debit authorization, or by EC/Maestro or credit card. In the case of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit from your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization also applies to further orders until revoked.
(3) You are not entitled to set off against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of Title
The delivered goods remain our property until full payment of the purchase price.
§ 8 Warranty
(1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB (German Civil Code). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be enclosed with the items.
§ 9 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we are liable - unless otherwise regulated in paragraph 3 - only for a breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose observance you as a customer can regularly rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in paragraph 3. Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
§ 10 Copyrights
We hold copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is not permitted without our express consent.
§ 11 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office, Cologne. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.