Terms of service
These terms and conditions apply to all contracts concluded between us,
SABRO GmbH
Kirchenstr. 16
21224 Rosengarten-Nenndorf
Email: sabro@sabro.de
www.sabro.de
(hereinafter "Provider" or "we") and our customers (hereinafter "Customer" or "you"), concluded exclusively using means of distance communication (e.g. via the internet or by telephone) in our online shop. For contracts concluded by us via other means, the terms applicable there shall apply.
§ 1 Scope, Definitions
(1) The business relationship between the Provider and the Customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and contractual offers from the Customer are hereby rejected.
(2) The Customer is a consumer insofar as the purpose of the legal transaction cannot be predominantly attributed to their commercial or self-employed professional activity. A trader ("Unternehmer"), on the other hand, is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contract
(1) The Customer may select products from our range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with obligation to pay" button, the Customer submits a binding offer to purchase the goods contained in the shopping cart.
(2) Before submitting the order, the Customer may change, view, and correct any input errors in the data they have entered at any time. However, the Customer's offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions during the ordering process and thereby incorporated them into their offer.
(3) The Provider will then send the Customer an automatic acknowledgment of receipt by email, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer.
The contract is only concluded once we issue a declaration of acceptance, which is sent in a separate email. Issuing an invoice to the Customer for the goods ordered by the Customer replaces the declaration of acceptance. The declaration of acceptance may also be replaced by our carrying out the order within 3 days of receipt of the order. If several of the aforementioned forms of acceptance occur, the contract is concluded at the point in time of whichever event occurs first. In any case, the Customer receives a contract confirmation in text form in accordance with the statutory provisions.
Should the Customer not receive a declaration of acceptance, an invoice, notification of dispatch, or the goods within 3 days, they are no longer bound by their order. In this case, we will promptly reimburse the Customer for any payments already made.
(4) The subject of the delivery or service is the goods and/or services offered by us and ordered by the Customer. Unless expressly stated otherwise in the relevant offer, descriptions and prices refer to the respective items offered, but not to any decorations or accessories shown alongside them, insofar as these are not required for the suitability of the purchased item for the use intended under the contract.
As part of promotional campaigns, we may send free items in addition to the goods ordered. These are excluded from exchange and are only included subject to availability. There is no entitlement to subsequent delivery. There is likewise no entitlement to subsequent delivery if the buyer failed to select a free bonus item during the ordering process.
(5) The presentation of our products and the information provided in this regard serve solely as a description of 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 fails to fulfill its contractual obligations towards us, we are entitled to withdraw from the contract. This right of withdrawal only applies if we have entered into a congruent hedging transaction (a binding, timely, and sufficient order of the goods) with the relevant supplier and are not otherwise responsible for the non-delivery. In such a case, we will promptly inform the Customer that the ordered goods are not available. We will promptly reimburse any consideration already provided by the Customer.
(7) The language of the contract is German.
(8) Order processing and contact in connection with the performance of the contract generally take place by email. The Customer must therefore ensure that the email address provided for order processing is correct and that no settings or filtering by the Customer prevent receipt of contract-related emails.
(9) Where a delivery time is stated in our offers, this delivery time and the respective information for calculating the delivery time shall take priority. If no delivery time, or no differing delivery time, is stated for the respective goods in our online shop, it shall be 7 days. This delivery period begins, in the case of payment in advance, on the day after the payment order is issued to the transferring bank, or, for other payment methods, on the day after conclusion of the contract, and ends 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 officially recognized at the place of delivery, the next business day shall take its place.
§ 3 Retention of Title
The delivered goods remain our property until all claims arising from the contract have been settled; if the Customer is a legal entity under public law, a special fund under public law, or a trader acting in the exercise of their commercial or self-employed professional activity, this also extends beyond the individual transaction to the ongoing business relationship until all claims owed to us have been settled.
§ 4 Prices and Shipping Costs
(1) Our prices include the applicable statutory value-added tax and are exclusive of shipping costs. If delivery is made to a country outside the EU, the Customer may be liable for additional customs duties, taxes, or fees, which are payable not to us but to the relevant customs or tax authorities there. The Customer is advised to inquire about the details with the relevant customs or tax authorities before placing an order.
(2) The applicable shipping costs will be stated to the Customer prior to conclusion of the contract and are to be borne by the Customer, unless free shipping has been agreed.
§ 5 Payment
(1) The Customer may make payment using the payment methods provided for in the respective offer. For first-time telephone orders, as well as for orders with a delivery address or customer address outside the Federal Republic of Germany, payment is always made by advance invoice/prepayment.
(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 for a different arrangement.
(3) With the "advance payment" payment method, the goods are reserved for the buyer for 7 days. If we have not recorded receipt of payment 7 days after invoicing, we are entitled, without prejudice to our other statutory claims and rights, to cancel the order, which at the same time constitutes our withdrawal from the contract.
(4) The Customer must ensure sufficient funds are available in their account. In the event of returned direct debits caused by insufficient funds, the Customer is obliged to reimburse us for any resulting damages.
(5) The Customer's obligation to pay default interest does not preclude the assertion of further default damages.
(6) The Customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
(7) We are entitled to provide invoices exclusively in electronic form. The Customer has no entitlement to receive invoices in paper form.
§ 6 Transfer of Risk
(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the purchased item passes to the Customer, by law, only upon delivery of the purchased item to the Customer.
(2) The following applies only if the Customer acts as a trader: Delivery is made ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the Customer at the latest upon handover. In the case of a sale involving dispatch to a location other than the place of performance, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes upon delivery of the goods to the freight forwarder, 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 as required, or if our delivery is delayed for other reasons for which the Customer is responsible, we are entitled to demand compensation for any resulting damage, including additional expenses (e.g. storage and transport costs).
§ 7 Warranty for Defects, Guarantee
(1) Claims for defects relating to used goods delivered by us shall lapse one year after handover to the Customer, provided the Customer has been separately informed of this fact and this shortened warranty period has been agreed with the Customer. Vis-à-vis traders, the limitation period for claims for defects relating to goods delivered by us is 1 year, and this limitation period does not begin anew if a replacement delivery is made as part of the warranty for defects. In all other respects, we are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
(2) Our liability under § 8 of these Terms and Conditions, in particular for claims for damages by the Customer arising from injury to life, body, or health, or from the breach of material contractual obligations (see § 8 below), for damages under the Product Liability Act, as well as for any guarantees we may have assumed, remains unaffected by the restrictions in paragraph 1 above. Likewise unaffected are the statutory limitation periods for the right of recourse under § 478 BGB for traders, and our liability for fraudulent concealment of a defect.
(3) Claims for defects by merchants require that they have complied with their statutory duties of inspection and notification of defects (§§ 377, 381 of the German Commercial Code (HGB)).
(4) A guarantee as to quality or durability (§ 443 BGB) on our part exists for goods delivered by us only if this has been expressly offered and agreed by us. Any manufacturer's guarantees remain unaffected.
(5) Any complaints and warranty claims may be submitted to the address stated in the Provider's legal notice.
(6) Any independent repair or attempt at repair by the Customer will result in the forfeiture of warranty and guarantee claims, unless this has been expressly agreed with the Provider in advance. We recommend always contacting our customer service promptly in the event of a defect in order to clarify further steps.
§ 8 Liability
(1) Claims by the Customer for damages are excluded. Excluded from this are claims by the Customer for damages arising from injury to life, body, or health, or from the breach of material 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. Material contractual obligations are those the fulfillment of which is necessary to achieve the purpose of the contract, and those on whose observance the Customer, as a contracting party, may regularly rely. In the event of a breach of material contractual obligations, the Provider is only liable for foreseeable damage typical of the contract, if this was caused by simple negligence, unless it concerns claims by the Customer for damages arising from injury to life, body, or health.
(2) The limitations of paragraph 1 above also apply for the benefit of the Provider's legal representatives and vicarious agents, if claims are asserted directly against them, and likewise apply mutatis mutandis to claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act, as well as our liability for any guarantees assumed, remain unaffected.
§ 9 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. You will receive withdrawal instructions separately 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 at https://sabro.de/policies/refund-policy.
Pursuant to § 312g (2) No. 1 BGB, there is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the Customer. This includes, in particular, customized and personalized products manufactured according to the Customer's specifications. Return or exchange of these goods is therefore excluded, unless there is a defect within the meaning of the statutory warranty.
§ 10 Contract Text
The text of the contract is not stored by us and cannot be retrieved after the ordering process has been completed. The Customer can print out these terms and conditions and the order data before submitting their order and will receive a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-Court Dispute Resolution / Consumer Dispute Resolution
(1) The European Union has established an online platform ("OS Platform") for the out-of-court resolution of consumer disputes. The OS Platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. The platform can be found at https://ec.europa.eu/consumers/odr.
(2) We are generally 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 applies to the contract, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by the mandatory provisions of the law of the country in which the consumer has their 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 shall be the Provider's registered office.
(3) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the applicable statutory provisions, where they exist. However, if this would constitute unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
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Version: 6.0
Last updated: 10.01.2022