General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Statutory Warranty)
- Liability
- Redemption of Promotional Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Sandax GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or a trader (hereinafter referred to as the "Customer") and the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
1.3 A trader within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed professional activity.
1.4 If the Customer is based in Switzerland or Liechtenstein and uses a billing and delivery address provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter referred to as "MeinEinkauf"), the following terms and conditions apply subject to the proviso that MeinEinkauf, instead of the Seller, becomes the Customer's contractual partner. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. In this case, MeinEinkauf is responsible for the performance of the contract. The Seller handles correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence concerning any problems relating to the performance of the contract, particularly where the Customer asserts rights in respect of defects.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by email or telephone.
2.3 The Seller may accept the Customer's offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If more than one of the above alternatives occurs, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to constitute rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com
2.5 When an order is placed using the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g. by email, fax or letter) after the Customer has submitted the order. The Seller does not provide any further access to the text of the contract. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge through their password-protected user account using the relevant login details.
2.6 Before submitting a binding order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, can be an effective technical means of identifying input errors more easily. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.
2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information about the right of withdrawal is provided in the Seller's withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value added tax (VAT). Any additional delivery and shipping costs are stated separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring money through financial institutions (e.g. transfer fees and currency conversion fees) or import duties and taxes (e.g. customs duties). Such money transfer costs may also arise if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The available payment methods are communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered through the "Apple Pay" payment service is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered through Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer may be informed separately. Further information about Apple Pay is available online at https://www.apple.com
4.6 If a payment method offered through the "Mollie" payment service is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter referred to as "Mollie"). Mollie may use additional payment services to process payments. These may be subject to special payment terms, of which the Customer may be informed separately. Further information about Mollie is available online at https://www.mollie.com
4.7 If the payment method purchase on account via Billie is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Billie GmbH, Charlottenstraße 4, 10969 Berlin, within the payment period specified on the invoice. Purchase on account via Billie is available exclusively to traders and is subject to a successful credit check by Billie GmbH. If the Customer is permitted to purchase on account following the credit check, payment is processed in cooperation with Billie GmbH, to which the Seller assigns its payment claim. In this case, the Customer can discharge their payment obligation only by making payment to Billie GmbH. Even if the payment method purchase on account via Billie is selected, the Seller remains responsible for general customer enquiries, for example concerning the goods, delivery times, shipping, returns, complaints or credit notes. In all other respects, the General Terms and Conditions of Billie GmbH apply (https://www.billie.io
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for processing the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of outbound shipping if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions on return shipping costs set out in the Seller's withdrawal instructions apply.
5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier or other person or organisation designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, this risk also passes to a Customer acting as a consumer as soon as the Seller has handed over the goods to the freight forwarder, carrier or other person or organisation designated to carry out the shipment if the Customer has commissioned that freight forwarder, carrier or other person or organisation to carry out the shipment and the Seller had not previously named that person or organisation to the Customer.
5.4 If the Customer is a consumer resident in Germany or a trader, the Seller reserves the right to withdraw from the contract if the Seller is not correctly or properly supplied by its own suppliers. However, this applies only if the Seller is not responsible for the failure to deliver and has entered into a specific procurement transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any payment made will be refunded without undue delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller supplies the goods before receiving payment, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Statutory Warranty)
Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following exceptions apply to contracts for the delivery of goods:
7.1 If the Customer acts as a trader,
- the Seller may choose the form of remedial performance;
- for new goods, the limitation period for rights in respect of defects is one year from delivery of the goods;
- rights in respect of defects are excluded for used goods;
- the limitation period does not restart if replacement goods are supplied as part of the Seller's liability for defects.
7.2 The limitations of liability and shortened limitation periods set out above do not apply
- to the Customer's claims for damages and reimbursement of expenses,
- if the Seller has fraudulently concealed the defect,
- to goods that have been used for a structure in accordance with their customary use and have caused that structure to be defective,
- to any obligation of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.
7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and give notice of defects under Section 377 HGB. If the Customer fails to comply with the notification duties stipulated therein, the goods are deemed to have been accepted.
7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer's statutory or contractual claims in respect of defects.
8) Liability
The Seller's liability to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses is as follows:
8.1 The Seller is liable without limitation, irrespective of the legal basis,
- in cases of intent or gross negligence,
- for death, bodily injury or damage to health caused intentionally or negligently,
- under a guarantee, unless otherwise provided in relation to that guarantee,
- in cases of mandatory liability, such as liability under the German Product Liability Act.
8.2 If the Customer is a consumer resident in Germany or a trader, the following limitations of liability apply:
If the Seller negligently breaches an essential contractual obligation, its liability is limited to foreseeable damage typical of the contract, unless it is liable without limitation under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which is necessary for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other cases, the Seller's liability is excluded, unless it is liable without limitation under the preceding clause.
8.3 The above provisions on liability also apply to the Seller's liability for persons engaged in the performance of its obligations and for its legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may be redeemed only in the Seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the Promotional Voucher.
9.3 Promotional Vouchers may be redeemed only before the ordering process is completed. They cannot be applied retrospectively.
9.4 Only one Promotional Voucher may be redeemed per order.
9.5 If the Promotional Voucher is for a specific amount rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. The Seller will not refund any remaining balance.
9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
9.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher when exercising their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller may discharge its obligations by rendering performance to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller knows, or is unaware due to gross negligence, that the respective holder is not entitled to redeem the voucher, lacks capacity to contract or lacks authority to act as a representative.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law based within the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's place of business or residence.
12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
