Terms and Conditions

General terms and conditions of business

 

1. Scope

 

• These General Terms and Conditions apply to the sale of goods by

ShopSmart24 GmbH, Ingo Stumpf, Alte Dorfstraße 1a, 63584, Gründau (hereinafter referred to as “ we ” or “ us ” ) to the customer (hereinafter referred to as “ customer ” or “ you ” or “ you ”).

• Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.

 

2. Distinction between entrepreneurs and consumers
   
   
   • Some provisions of these Terms and Conditions do not apply to all customers, but only to consumers or businesses. Where this is the case, this is specifically indicated at the relevant point in these Terms and Conditions.
     
   • “ Consumer ” within the meaning of these General Terms and Conditions is, in accordance with the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

• “ Entrepreneurs ” within the meaning of these General Terms and Conditions are, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into business relations with us in the exercise of their commercial or independent professional activities.
  
  

3. Customer account

• To make using the online shop more convenient, you have the option of opening a customer account. You are obligated to treat your access data, such as your password, confidentially and to notify us immediately in the event of loss or unauthorized use of your access data.

4. Conclusion of contract, contract language

 

• Only your order for the goods and/or services constitutes a binding offer to conclude a corresponding contract. To place your order, place the selected goods in your shopping cart, complete the order process on the website, and enter the requested information. Before submitting your order, you have the opportunity to review all order details and correct them if necessary. Only by submitting your order do you submit a binding offer to conclude a contract.

• We can process your offer within two days by

• Sending an order confirmation by post, fax or email,
• Sending the goods or
• Request for payment

Accept; the decisive factor for compliance with the deadline is the time of receipt of our order confirmation, goods or payment request by you.

• The contract language is German.

5. Storage of the contractual provisions
   
   

We store the contractual terms, i.e., the order data and these General Terms and Conditions. You can print or save the contractual terms using the usual functionality of your browser (usually "Print" or "File" > "Save As"). The order data is included in the order overview, which is displayed in the last step of the order process. The contractual terms, including the General Terms and Conditions, are also included in the order confirmation email that we send you upon acceptance of your order.

6. Delivery disruptions

 

Should an ordered item be unavailable because our supplier fails to deliver despite their contractual obligation through no fault of our own, we are entitled to withdraw from the contract. In this case, we will immediately inform the customer that the ordered item is no longer available and promptly refund any services already provided.

7. payment
   
   

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

8. Retention of title

• The following applies to consumers:
  
  The product delivered by us remains our property until full payment has been made (reserved goods).
  
• The following applies to entrepreneurs:

We retain title to the reserved goods until all payments from the business relationship with the customer have been received. We undertake to release our securities at the customer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is made by us.

The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.

9. Claims for defects (warranty)

• The following applies to consumers:

Our liability for defects towards consumers is as follows:

In the case of used goods, the buyer’s claims for material defects shall expire one year after delivery of the purchased item to the customer if

1. the consumer was specifically informed of the shortening of the limitation period before submitting his contractual declaration and

2. the shortening of the limitation period was expressly and separately agreed in the contract.

Excluded from this are claims for damages by the buyer that are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or are attributable to gross negligence on our part or that of a vicarious agent; the above limitation of warranty does not apply to these claims. The statutory limitation period remains unaffected in each case.

Otherwise, the statutory liability for defects applies.

• The following applies to entrepreneurs:
  
  Our liability is generally excluded when selling used products. This does not apply to claims for damages by the buyer that seek compensation for physical injury or damage to health due to a defect for which we are responsible, or that are attributable to gross negligence on our part or that of our vicarious agents.

When purchasing other products, the buyer's claims for material defects expire one year from delivery of the purchased item to the customer. Excluded from this are claims for damages by the buyer that are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or are attributable to gross negligence on our part or that of our vicarious agents; the statutory limitation period applies to these claims.

If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she must inspect the goods immediately upon receipt. Obvious defects must be reported to us in writing immediately upon receipt of the goods or – if the defect only becomes apparent later – immediately upon discovery. To preserve the customer's rights, timely dispatch of the notification is sufficient. Failure to do so will result in the goods being deemed accepted. This does not apply if we have fraudulently concealed the defect.

If the purchased item is defective, we will initially provide warranty through subsequent performance, either by remedying the defect or by providing a replacement, at our discretion. If subsequent performance fails, the customer is entitled to reduce the consideration or – in the case of significant defects – to withdraw from the contract.

 

10. Disclaimers and limitations of liability

 

Our liability for damages is as follows:

• In the event of intent or gross negligence, including that of our vicarious agents, we are liable in accordance with statutory provisions. The same applies to damages resulting from negligent injury to life, limb, or health.
  
• In the case of negligently caused property damage and financial loss, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damages that were foreseeable and typical for the contract at the time the contract was concluded; material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
  
• Otherwise, our liability is excluded, regardless of the legal basis.
  
• The exclusions and limitations of liability in the above paragraphs (1) to (3) also apply mutatis mutandis to our vicarious agents.
  
• Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).

11. Choice of law, place of jurisdiction

 

• The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law applies to consumers only to the extent that it does not restrict any mandatory legal provisions of the state in which they have their place of residence or habitual abode.

• The place of jurisdiction for transactions with merchants, legal entities under public law, or special funds under public law is the registered office of our company. However, we reserve the right, at our discretion, to bring legal action at the customer's registered office.