Cancellation policy
Right of cancellation
You can cancel your contractual declaration within 30 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB, and also not before conclusion of the contract. Timely dispatch of the cancellation or the goods shall suffice to comply with the cancellation period. The cancellation is to be sent to:
Sandax GmbH Bürgermeister-Bombeck-Straße 7 D-22851 Norderstedt
Phone: +49-40-500 310 68 - 0 Fax: +49-40-500 310 68 - 19
Email: info@sandax.de
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for their value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the cancellation. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You must bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 400 euros or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed instalment at the time of cancellation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.
End of the cancellation policy
§ 1 Liability
1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by SANDAX, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely remains unaffected. In the event of a slightly negligent breach of these contractual obligations, SANDAX shall only be liable for the foreseeable damage typical for the contract, unless the customer's claims for damages are based on injury to life, body or health.
2. The provisions of the Product Liability Act and the Federal Data Protection Act remain unaffected.
§ 2 Claims for defects / warranty
1. The customer's claims against SANDAX in the event of defects shall be governed by the statutory provisions within the statutory periods, unless deviations arise from the following provisions. The statutory warranty period is currently two years.
2. If the customer is an entrepreneur, i.e. if the customer is acting in the exercise of his commercial or independent professional activity when placing his order, claims for defects shall become time-barred within 12 months of delivery of the goods.
3. The assignment of claims for defects is excluded.
§ 3 Terms of delivery
1. Delivery shall be made ex warehouse to the delivery address provided by the customer and at the customer's risk. If you so wish, the goods will be dispatched with appropriate transport insurance, whereby the costs incurred as a result shall be borne by you. Partial deliveries are permissible and may be invoiced by SANDAX independently, provided that the customer does not incur additional costs for the shipment as a result.
2. If the customer chooses advance payment, the goods will be reserved for the customer upon acceptance of the contract, but will not be dispatched until the money has been credited to SANDAX's account. If the amount of money is not credited to SANDAX's account within five days, SANDAX may withdraw from the contract. If SANDAX adheres to the contract, the delivery periods stated at the time of the order shall no longer apply. Rather, the delivery date stated at the time of receipt of payment by SANDAX-Shop for the product shall replace the delivery date originally stated.
3. Each delivery is subject to the reservation that SANDAX itself is supplied on time and properly. Deliveries are always made while stocks last. If, contrary to expectations, a product ordered by the customer is not available despite timely disposition for reasons for which SANDAX is not responsible, SANDAX will offer the customer a product of equivalent quality and price instead of the ordered product, which the customer is not obliged to accept or withdraw from the contract. In this case, SANDAX shall inform the customer immediately of the unavailability and, in the event of cancellation, reimburse the customer immediately for any payments already made.
§ 4 Prohibition of set-off
1. The customer is not entitled to set off its own claims against payment claims of SANDAX unless the customer's claims are undisputed or have been recognised by declaratory judgement.
2. The customer shall not be entitled to set off payment claims of SANDAX against rights of retention - including those arising from notices of defects - unless they result from the same contractual relationship.
§ 5 Data protection
Data processing shall be carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer is informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required by SANDAX for the fulfilment of orders, registration for the e-mail notification service, via this link to the data protection policy on the content of the data protection policy. The customer expressly consents to this collection, processing and use of personal data. The customer may revoke this consent at any time with effect for the future.
§ 6 Effectiveness of the terms and conditions / place of jurisdiction / applicable law
1. Should one or more points of these terms and conditions be or become invalid, this shall not affect the validity of the remaining points and the validity of the contract as a whole. The invalid provision shall be replaced by a provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid provision. § Section 139 BGB is excluded.
2. If the customer is not a consumer, Hamburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, if a customer has moved his place of residence or habitual abode abroad after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is filed.
3. German law applies to the conclusion and fulfilment of all contracts.
The application of the UN Convention on Contracts for the International Sale of Goods is excluded.