General terms and conditions of Sigma-Elektro GmbH Webshop: 02.11.2017
1. General conditions
All services provided by Sigma-Elektro GmbHfor the customer are made exclusively on the basis oft he following general terms and condition. Deviating regulations are only valid if they have been agreed in writing between Sigma-Elektro GmbH and the customer.
2. Conlcusion of contract
The offers oft he Sigma-Elektro GmbH webshoo represent a non-binding request tot he customer to order goods at Sigma-Elektro GmbH online shop.
By ordering the desired goods on the Internet, the customer gives a binding offer on conclusion of purchase contract.
The Sigma-Elektro GmbH is entitled to accept this offer within 5 calendar days by sending an order confirmation. The order confirmation is made by an e-mail. After the expiry oft he 5-day period the offer is considered rejected.
All items will be shipped immediately, if available from stock. Delivery takes place both within Germany and in EU countries.
The delivery time in Germany is not more than 5 working days, unless otherwise stated in the offer. In the case of delivery in EU countries, the delivery time is not more than 10 working days, unless otherwise stated in the offer.
If an item is not available in the short term, we will inform you by e-mail about the expected delivery time if we have an adress from you. Your legal claims remain unaffected.
Our terms of delivery are ex works (EXW).
EXW (Ex Works) denotes goods or offers, which the seller offers ready for shipment. The customer is responsible for the way from the manufacturer to the buyer. As soon as the goods have been handed over to the transport service, all costs and risks (for example loss) are transferred to the buyer.
4. Packaging and shipping costs
For the delivery and the packaging costs in Germany we charge a fixed amount of X,XX EUR, as long as the total weight is not more than 0,5 kg.
For the delivery and the packaging costs in EU countries we charge a fixed amount of X,XX EUR, as long as the total weight is not more than 0,5kg.
All shown prices are the final prices, which include the legal value added a tax of 19%.
The following payment methods are possible:
Via Paypal. The debiting takes place after the order is received by Paypal payment system.
Until full payment the delivery goods remain the property of Sigma-Elektro GmbH (retention of title pursuant to §158m,44ß BGB). If the afreed payment periods are exceeded dunning and handling fees must be charged.
Destination of the payment is immediately after receipt oft he invoice without deduction.
6. Revocation Instructions
Right of withdrawal: You can revoke your contractual declaration within 2 weeks without giving reasons in text form (e.g. letter, fax, e-mail) or by returning the goods. The period begins after receipt of this instruction text, but not before the receiver get the goods (or in the recurring delivery of similar goods not before receipt of partial delivery) and also not before fulfillment of our information obligations according to §312c para 2 BGB in conjuction with §1 para 1,2 and 4 BGB-InfoV as well as our information obligations $312e para 1 sentence 1 BGB in conjuction with §3 BGB-InfoV. In order to maintain the withdrawal period the timely dispatch of the withdrawal is sufficient. The revocation os tp be adressed to:
z.H. SIGMA Onlineshop
Consequences of Revocation:
In the event of an effective revocation, the services received on both sides shall be return the received and if necessary used. If you cannot return the received service to us in whole or in part or only in a deteriorated cindition you must provide us with value compensation if necessary. This does not aplly to the release of goods if the deterioration oft he goods is solely attributable to their examination- as it would have been possible for them in a retail shop.
Furthermore you can avoid the obligation to compensate for any deterioration caused by the intended use oft he goods, by not using the goods as your property and by refraining from anything that may impair their value.
Items that can be sent by parcel are to be returned at your risk. You have to bear the costs oft he return shipment if delivery goods correspond tot he ordered and if the price does not exceed an amount of 100 euro or if you at a higher price oft he item at the time of revocation or a contractually agreed partial payment.
Otherwise the return is free of charge. Obligations of refund payments must be fulfilled within 30 days. The period begins with the dispatch of your revocation declaration or with their receipt.
End of the revocation instruction.
If transport damage of the goods is detected, the receiver hast o make an immediate claim of the damage tot he carrier (shipping service). Other identifiable transport damages must be made in writing to us within 2 days of receipt of the goods at the latest.
We are not liable for defects which are the result of fauly handling, normal wear and tear or due to external influences. In the case of repairs to the goods in its own capacity or by third parties which were made without our written consent, the warranty claim shall lapse to us.
The Sigma-Elektro GmbH is liable in case of intent or gross negligence in accordance with the legal regulations.
Liability for warranties shall be independet of fault. For slight negligence Sigma-Elektro GmbH is exclusively liable according tot he regulations of the Product Liability Act because oft he injury of life, body or health or because of violation of essential contractual obligations.
However the claim for damages for the slightly negligent breach of essential contractual obligation is limited to the forseeable damage typical for the contract, unless it is liable for injury to life, body or health.
Sigma-Elektro GmbH is also liable tot he same extent for the fault of vicarious agents and representatives.
The provisions of the preceding paragraph (8.1) cover damages in addition to the performance, compensation instead of the performance and the replacement claim due to futile expenses, irrespective of the legal grounds, including liability for defects, Delay or impossibility.
9. Privacy protection
All your data will be treated strictly confidentially by us. We will only transfer the data to third parties (e.g. shpping services) if this is necessary fort he order processing.
The order data are transmitted encoded and secured but we assume no liability fort he data security during these transmissions over the Internet (e.g. due to technical errors oft he provider) or for any criminal access of third parties on the file of our website.
Access data fort he customer login which are transmitted at the customer’s request to them must be treated strictly confidential by the customer as we do not assume any responsibility fort he use and use of this data.
All foreign logos, images and graphics shown, are the property oft he respective companies and are subject to the copyright oft he respective licensors.
All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are developed by us or have been processed by us, may not be copied or otherwise used without our consent. All rights reserved.
We have no influence on the fact that items are removed from the program by our suppliers and are therefore no longer available or have been changed in type and execution.
If a replacement item is offered to us by the supplier, we will inform you. Your legal claims remain unaffected.
12. Links on our pages
With judgement of 12 May 1998 – 312 O 85/98 – „Liability for Links“ the state court Hamburg has decided that by the deployment of a link the contents of the linked page may been. This can only be prevented by explicitly distancing oneself from these contents. We hereby dissociate ourselves expressly from all contents of all linked pages on our homepage. This declaration applies to all links attached to our internet pages.
13. Validity of the GTC
An order acknowledges the general terms and conditions od the webshop. Should any provision of these general terms and conditions, for whatever reasen, be null and void, the validity of the remaining provisions shall remain unaffected.
14. Place of performance, place of jurisdiction and applicable law
The place of performance fort he delivery ist he manufacturer’s plant or our delivery warehouse. The place of performance for payment is our registered office.
The place of jurisdiction is our registered office. However we are entitled to sue the customer also at another legal place of jurisdiction.
The contract is governed by the laws oft he Federal republic of Germany with the exception of the United Nations Convention on the International Sale of Goods (CISG) and the rules of private international law.