Terms and Conditions
§ 1 Scope
These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded via 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. These 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 arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall prevail. We do not accept any deviating terms and conditions of the customer. This applies even if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the "Place order with payment" button, you place a legally binding order. You are bound to the order for a period of two weeks after placing the order; your right to cancel your order, if applicable, under Section 3, remains unaffected.
(3) We will promptly confirm receipt of your order placed through our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also contains a confirmation of receipt and a declaration of acceptance.
(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 accept orders for deliveries abroad if a minimum order value is exceeded. The minimum order value can be found in the pricing information provided in our online shop.
(6) If delivery of the goods you ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you immediately and promptly refund any consideration already received.
§ 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 exercise your right of withdrawal as a consumer, you shall bear the regular costs of returning the goods.
(3) Otherwise, the provisions for the right of withdrawal are set out in detail in the following cancellation policy. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us - saendorn Gmbh, Viktoria Vossebrecher/Justus Schwiebbe, Venloer Str. 703, 50827 Cologne, hallo@saendorn.de - of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model cancellation form or another unambiguous declaration on our website [insert internet address]. If you make use of this option, we will immediately send you confirmation of receipt of such a cancellation (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation: If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund 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 or to [insert the name and address of the person authorized by you to receive the goods] promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning. End of the cancellation policy
(4) The right of withdrawal does not apply to distance contracts;
(a) for the supply of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for return or are liable to deteriorate quickly or whose expiry date would be exceeded,
(b) for the supply of audio or video recordings or software, provided that you have unsealed the data carriers supplied.
§ 4 Delivery conditions and reservation of advance payment
(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. Subject to the provisions of paragraph 3, it begins upon conclusion of the contract. For orders from customers residing or domiciled abroad, or in the case of reasonable grounds for non-payment, we reserve the right to delay delivery after receipt of the purchase price plus shipping costs (advance payment reservation). If we exercise this advance payment reservation, we will notify you immediately. In this case, the delivery period begins upon payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any applicable shipping costs.
(2) Shipping costs are stated in our prices in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit your order.
(3) If we fulfill your order by partial deliveries in accordance with Section 4, Paragraph 1, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If you effectively revoke your contractual declaration in accordance with Section 3, you may, subject to the statutory requirements, request reimbursement of any costs already paid for shipping to you (shipping costs) (see Section 3, Paragraph 3 for other consequences of revocation).
§ 6 Terms of payment and offsetting and retention rights
(1) The purchase price and shipping costs must be paid within two weeks of receipt of our invoice at the latest.
(2) You can transfer the purchase price and shipping costs to our account specified in the online shop, authorize us to collect your order, or pay by debit/Maestro or credit card. If you authorize us to collect your order or pay by debit/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization also applies to subsequent orders until revoked.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about 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 the purchase price has been paid in full.
§ 8 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins upon delivery of the goods. Any seller warranties provided by us for specific items or manufacturer warranties granted by the manufacturers of specific items shall apply in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such warranties can be found in the warranty conditions that may be included with the items.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses in accordance with the statutory provisions in the event of intent and gross negligence.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breaches of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3. Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We hold the copyright to all images, films, and texts published in our online shop. Use of these 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 shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you 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 are domiciled in Germany at the time of the order, the exclusive place of jurisdiction shall be the Seller's registered office in Cologne. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.