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Sec. 1 Scope, subject-matter and conclusion of individual contracts
The following Terms and Conditions shall comprehensively govern the contractual relations between www.serviettes.com, Steffen Seubert, Felix Wankel Straße 2a, D-97526 Sennfeld, hereinafter the "Seller", and the individual Customer.
These General Terms and Conditions shall govern exclusively. Any terms and conditions of the Customer in conflict with or departing from these General Terms and Conditions shall be deemed rejected except where the Seller has expressly consented to them in an individual case.
These General Terms and Conditions shall apply both vis-à-vis Consumers and vis-à-vis Entrepreneurs. Within the meaning of these GTCs, "Consumer" is any natural person placing an order for purposes which are not predominantly attributable to their commercial or independent professional activities. Within the meaning of these GTCs, an "Entrepreneur" is any natural person or legal entity or partnership with legal personality placing an order in the course of its commercial or independent professional activities.
The subject-matter of the individual contract is the Seller's sale of goods to the Customer.
The Customer may place orders for goods via the Seller's website. After sending an order to the Seller, the Customer shall receive an order confirmation which shall once again list the data he has provided as well as his order. That order confirmation shall not yet constitute acceptance on the part of the Seller giving rise to formation of a contract. If the Seller has accepted the offer, the buyer shall receive a declaration of acceptance or a confirmation of shipment from the Seller within 2 days' time. In the event that the Customer does not receive such a declaration in a timely fashion, the Customer shall no longer be bound by his order.
The text of the parties' contract and these General Terms and Conditions shall be forwarded to the Customer by e-mail following his order. In addition to this, Customers who have set up a Customer account may access their individual orders via their Customer accounts at any time following formation of the contract.
Formation of the parties' contract shall be deemed to be exclusively in German. Governing law shall be German law, provided that the Customer is an Entrepreneur.
All price details are quoted as gross prices in GBP.
Sec. 2 Performance of purchase agreement, shipping costs
The Customer shall bear the costs of shipping from the place of the Seller's business, in line with the table of shipping costs in effect at the time of the order, which may be found at https://www.serviettes.com/shipping-costs.
Payment of the purchase price shall fall due immediately at such time as the purchase agreement is formed. The Customer shall have the option to select from various payment terms. The Seller reserves the right to refuse certain forms of payment where goods are being shipped abroad, in cases of first-time orders or for other reasons.
The Seller shall be entitled to resile from the contract where, despite having previously entered into a relevant procurement agreement, it has not received the subject-matter of that agreement; the Seller's responsibility for intentional acts or negligence shall remain unaffected by the foregoing. In such case, the Seller shall notify the buyer without delay regarding the fact that the goods are unavailable and shall refund to the buyer without delay any consideration the buyer may have previously furnished. In such case, the Seller also reserves the right to offer goods of equivalent price and quality, with the aim of entering into a new contract for the purchase/sale of the goods which are equivalent in price and quality.
By acknowledging these General Terms and Conditions of Business, the Customer is deemed to confirm that he has reached the age of 18 and thus possesses legal capacity or, if the Customer has not yet reached the age of 18, by acknowledging these General Terms and Conditions of Business he is deemed to confirm that he has reached the age of 7 and has obtained the consent of his legal representative prior to placing the order. The Seller hereby points out that it may assert claims against Customers for losses the Seller incurs as a result of incorrect details as to the buyer's age, incorrect address details or as a result of orders placed as a joke.
Sec. 3 Warranty and liability
As a generally applicable rule, the Seller shall bear liability for defects of goods in line with the statutory rules of German commercial law (secs. 434 et seq. German Civil Code [German acronym: BGB]) and, where the Customer is deemed a 'Consumer', under consumer goods law (secs. 474 et seq. BGB), except where these GTCs otherwise provide.
Where the Customer is an Entrepreneur, the warranty period for rights under sec. 437 (1) and (3) BGB for new goods shall be one year from the statutory commencement of the prescription period, in derogation from sec. 438 (1) (3) BGB. As to Consumers, in cases covered by sec. 438 (1) (3) BGB the statutory warranty period of two years shall apply.
Where the Customer is an Entrepreneur, the Seller disclaims any warranty for used items. In transactions with Consumers, the warranty period for used items under sec. 437 (1) and (3) BGB is shortened to one year as from the statutory commencement of the prescription period, in derogation from sec. 438 (1) (3) BGB.
As a general rule, the Seller shall bear no liability for losses occasioned by its slight negligence.
The limitations on liability under the preceding sub-paragraphs 2, 3 and 4 shall not apply to losses arising from injuries to life, limb or health, cases involving fraudulent concealment of defects, claims under the Product Liability Act, cases of intentional acts or omissions and gross negligence or cases involving breach of duties constituting the initial prerequisite to the ability to properly perform the contract, which Customers are ordinarily entitled to assume will be complied with.
Sec. 4 Reservation of title, passage of risk
The goods delivered shall remain in the Seller's ownership until such time as full payment for them is made.
Where the Customer is an Entrepreneur, in cases involving sales of shipped goods, the risk shall be deemed to pass to the Entrepreneur already at such time as the goods are handed over to the forwarding company. In cases involving Consumers, the passage of the risk shall not occur until such time as the goods are handed over to the Customer.
Sec. 5 Default and costs of default
A Customer who is not a Consumer shall be deemed in default where the Customer has failed to make payment within 30 days from the date the payment fell due.
Consumers shall likewise be deemed in default at the end of the 30 day period if their attention is drawn to this consequegnce in the invoice or demand for payment.
The Seller is entitled to charge the Customer lump-sum dunning fees in the amount of € 2.50 for each payment reminder. The Customer is permitted to furnish proof that no losses have arisen or only a lesser amount of losses has arisen. The Seller expressly reserves the right to assert further claims for dunning fees.
Sec. 6 Final provisions
Provided that the Customer is not a Consumer, the present General Terms and Conditions of Business and all purchase/sale agreements made in individual cases shall be governed exclusively by German law, but excluding the United Nations CISG,.
In the event that one or more terms of these General Terms and Conditions should be deemed invalid in whole or in part, the validity of the remaining terms hereof shall not be affected thereby.
Version date: 13.06.2014
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