Terms and Conditions
General Terms and Conditions
Status: September 09, 2019
§ 1 Scope and provider
(1) These general terms and conditions apply to all contracts that you conclude with
SINDRI & BROCK · Die Unikatmanufaktur
Owner: Marcus Pfeiffer · Noidach 1 · 83735 Bayrischzell
.
Service hotline: +49 176 609 333 90
E-mail: info@sindriundbrock.de
(2) The range of goods in our online shop is aimed exclusively at buyers who are 18 years of age or older.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can download and print the currently valid general terms and conditions on this page as a PDF.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the “Order with obligation to pay” button, you are submitting a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This acknowledgment of receipt does not constitute acceptance of your purchase offer. A contract does not come about through the acknowledgment of receipt.
(4) A purchase contract for the goods only comes into effect when we expressly declare acceptance of the purchase offer or when we send the goods to you – without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include statutory value added tax and other price components and are exclusive of the respective shipping costs.
§ 4 Terms of payment; Default
(1) Payment is made either by invoice in advance or PayPal (online shop only).
(2) If you select advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(3) If you are in default of payment, you are obliged to pay default interest at a rate of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of at least EUR 5, unless you can prove a lower damage.
§ 5 Offsetting/Right of retention
(1) You only have the right to offset if your counterclaim has been legally established or is not disputed by us.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have specified.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has been transferred.
- You may resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
- In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you are making the purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of cancellation in accordance with the following provisions.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
Goods that have been specially personalized for you – for example with your name – and are therefore not suitable for resale are excluded from return. Corresponding articles are marked in the respective offer.
To exercise your right of cancellation, you must contact us
SINDRI & BROCK · Die Unikatmanufaktur
Owner: Marcus Pfeiffer · Noidach 1 · 83735 Bayrischzell · Germany
+49 176 609 333 90 · info@sindriundbrock.de · www.sindriundbrock.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample text or our cancellation form, which is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Sample cancellation text
If you want to cancel the contract, please use the following sample and send us the corresponding information.
To
SINDRI & BROCK · Die Unikatmanufaktur
Owner: Marcus Pfeiffer
Noidach 1
83735 Bayrischzell
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the goods with the article numbers: (*)
Ordered on (*) / received on (*)
My/our address is: (*)
Date: (*)
Signature: (*) (only for notification on paper)
(*) Please complete.
End of the cancellation policy
(1) The right of cancellation does not apply to the delivery of goods that are clearly tailored to the personal needs of the consumer (e.g. a leather embossing with your name), to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(2) Please avoid damage and contamination. Please return the goods to us in their original packaging with all accessories and with all packaging components if possible. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage as a result of defective packaging.
(3) Please call us on +49 176 609 333 90 before returning the goods to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of cancellation.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law of purchase (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items – deviating from the statutory provisions – is one year. This restriction does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information is binding for the quality of the goods, but not public praise and statements and other advertising.
- You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we provide a warranty at our discretion through repair or replacement (subsequent performance). In the event of subsequent performance, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
- If subsequent performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we are liable for damages resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you are exclusively subject to German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is.