General Terms
General Terms and Conditions SABRO
These terms and conditions apply to all contracts concluded between us, the
SABRO GmbH
Kirchenstr. 16
21224 Rosengarten-Nenndorf
E-mail: sabro@sabro.de
www.sabro.de
(hereinafter referred to as "Provider" or "we") and our customers (hereinafter referred to as "Customer" or "you") exclusively using means of distance communication (e.g. via the Internet or by telephone) in our online store. For contracts that we conclude by other means, the terms and conditions included there apply.
§ 1 Scope of application, definitions
(1) The following General Terms and Conditions apply exclusively to the business relationship between the supplier and the customer in the version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby rejected.
(2) The customer is a consumer insofar as the purpose of the legal transaction cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from our range and collect them in a so-called shopping cart using the "add to cart" button. The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Order with obligation to pay" button.
(2) Before submitting the order, the customer can change and view the data entered by him at any time and correct input errors. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and thereby included them in his application.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.
The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail. The issue of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 3 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract shall be concluded with the event that occurs first. In any case, the customer shall receive a contract confirmation in text form in accordance with the statutory provisions.
If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 3 days, he is no longer bound by his order. In this case, we shall immediately reimburse the customer for any services already rendered.
(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, the designs and prices refer to the items offered in each case, but not to any decorations or accessories shown, unless they are necessary for the suitability of the purchased item for the use stipulated in the contract.
We may send free items in addition to the goods ordered as part of promotional campaigns. These are excluded from exchange and are only sent subject to availability. There is no entitlement to subsequent delivery. There is also no entitlement to subsequent delivery if the buyer has failed to select a free premium item during the ordering process.
(5) The presentation of our products and the information provided in this respect serve exclusively to describe the performance and do not constitute a guarantee of quality.
(6) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier does not fulfill his contractual obligations to us, we are entitled to withdraw from the contract. However, this right of withdrawal shall only apply if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we shall inform the customer immediately that the ordered goods are not available. We shall immediately refund any payments already made by the customer.
(7) The contract language is German.
(8) Order processing and contact in the context of contract processing are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related e-mails.
(9) Insofar as a delivery time is specified in our offers, this delivery time and the information provided in each case for calculating the delivery time shall take precedence. If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 7 days. This delivery period shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day.
§ 3 Retention of title
The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled from this have been settled.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include shipping costs. If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to us, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
(2) The relevant shipping costs shall be specified to the customer prior to conclusion of the contract and shall be borne by the customer, unless delivery free of shipping costs has been agreed.
§ 5 Payment
(1) The customer can make payment in accordance with the payment methods provided in the respective offer. All information on the payment methods accepted can be found at https://sabro.de/so-kannst-du-bezahlen. Payment is always made by advance invoice/advance payment for initial orders by telephone and for orders with a delivery address or customer address outside the Federal Republic of Germany.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed payment method provides otherwise.
(3) In the case of payment in advance, the goods are reserved for the buyer for 7 days. If we have not received payment within 7 days of the invoice date, we shall be entitled to cancel the order without prejudice to our other statutory claims and rights, which shall also constitute our withdrawal from the contract.
(4) The customer must ensure that the account is sufficiently funded. In the event of returned direct debits caused by insufficient funds, the customer shall be obliged to reimburse us for the resulting damage.
(5) The customer's obligation to pay default interest does not exclude the assertion of further damages caused by default.
(6) The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(7) We are entitled to provide invoices exclusively in electronic form. The customer is not entitled to receive invoices in paper form.
§ 6 Transfer of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall only pass to the customer upon delivery of the object of purchase to the customer in accordance with the law.
(2) Only if the customer is acting as an entrepreneur shall the following apply: Delivery shall be ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transportation costs).
§ 7 Warranty for material defects, guarantee
(1) Claims for defects relating to used goods supplied by us shall become time-barred one year after delivery to the customer, provided that the customer has been informed of this fact separately and this shortened warranty period has been agreed with the customer. In relation to entrepreneurs, the limitation period for claims for defects for goods delivered by us is 1 year and the limitation period does not begin again if a replacement delivery is made as part of the liability for defects. We shall otherwise be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) Our liability pursuant to § 8 of these GTC, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see § 8 below), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the limitations of the above paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability for fraudulent concealment of a defect shall also remain unaffected.
(3) Claims for defects by merchants presuppose that they have fulfilled their statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB).
(4) A guarantee of quality or durability (§ 443 BGB) on our part only exists for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.
(5) You can submit any complaints and warranty claims to the address given in the supplier identification.
§ 8 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, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(2) The restrictions of the above paragraph 1 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them and also mutatis mutandis for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act and our liability for any guarantees assumed shall remain unaffected.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. You will receive separate cancellation instructions in text form in accordance with the statutory provisions. All information on the right of withdrawal, in particular the requirements and deadlines, can be found here https://sabro.de/widerrufsrecht.
§ 10 Text of the contract
The text of the contract is not stored by us and can no longer be retrieved after the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and receives a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-court dispute resolution/consumer dispute resolution
(1) The European Union has set up an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr.
(2) In principle, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as the consumer is not deprived of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.
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Version: 6.0
Status: 10.01.2022