Terms and conditions
------------------------------------------------------- General terms and conditions with customer information ------------------------------------------------------- Table of Contents ------------------ 1. the scope of application 2. the conclusion of the contract 3. the right of withdrawal 4. prices and terms of payment 5. delivery and shipping conditions 6. reservation of ownership 7. Liability for defects (warranty) 8. liability 9. Repayment of promotion vouchers 10. the exchange of gift certificates 11. applicable law 12. Place of jurisdiction 13. code of conduct 14. information on online dispute resolution 1) Scope of application 1.1 These general terms and conditions (hereinafter referred to as the "general terms and conditions") of SDG Distribution SAS (hereinafter referred to as the "seller"), apply to all contracts concluded by a consumer or a company (hereinafter referred to as the "customer") with the seller with regard to the goods and/or services presented by the seller in its online shop. The inclusion of the Customer's own general terms and conditions is excluded, unless otherwise agreed. 1.2 For the purchase of vouchers, these general terms and conditions apply accordingly, unless expressly agreed otherwise. 1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed either to his commercial professional activity or to his self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who acts in the exercise of his commercial or self-employed professional activity when concluding a legal transaction. 2) Conclusion of the contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer on the part of the Customer. 2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and following the electronic ordering process, the Customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking on the button concluding the ordering process. In addition, the customer can also submit the offer to the seller by telephone. 2.3 The seller may accept the customer's offer within five days, - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), the receipt of the order confirmation by the customer being decisive, or - by delivering the ordered goods to the customer, the receipt of the goods by the customer being decisive, or - by asking the customer to pay after placing the order. If there are several of the above-mentioned alternatives, the contract is concluded at the moment when one of the above-mentioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent. 2.4 If the customer chooses "PayPal Express" as the payment method as part of the online ordering process, the customer must also place a payment order with his payment service provider by clicking on the button concluding the order process. In this case, the seller hereby declares, in derogation of article 2.3, that it accepts the customer's offer at the time the customer initiates the payment transaction by clicking on the button concluding the order process. 2.5 The offer acceptance period begins on the day following the sending of the offer by the customer and ends at the end of the fifth day following the sending of the offer. 2.6 When submitting an offer via the Seller's online order form, the text of the contract will be recorded by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent the order together with these Terms and Conditions. In addition, the contract text is archived on the Seller's website and can be viewed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the Seller's online shop before sending his order. 2.7 Prior to the mandatory submission of the order via the seller's online order form, the customer may correct his entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the mandatory submission of the order and can also be corrected there using the usual keyboard and mouse functions. 2.8 Only the German language is available for the conclusion of the contract. 2.9 Order processing and contact is generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address he has provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using anti-spam filters, the customer must ensure that all e-mails sent by the seller or by third parties mandated by the seller to process the order can be delivered. 3) Right of revocation 3.1 Consumers generally have a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the seller's revocation policy. 4) Price and terms of payment 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs are shown separately in the product description. 4.2 The Customer has various payment options, which are indicated in the Seller's online shop. 4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract. 4.4 If payment is made using one of the payment methods offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to PayPal's terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the general terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 4.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg, subject to the terms and conditions of Amazon Payments Europe, available at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung. 5) Delivery and Shipping Terms 5.1 The goods are delivered by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the seller's order processing is decisive for the transaction. Notwithstanding the above, if the PayPal payment method is selected, the delivery address registered by the Customer with PayPal at the time of payment shall be decisive. 5.2 If the transport company returns the shipped goods to the seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer actually exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has given him reasonable notice of the performance. 5.3 If the customer acts as a contractor, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over to the customer or to a person or institution authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier or any other person or institution designated to carry out the shipment, if the customer has instructed the freight forwarder, carrier or any other person or institution designated to carry out the shipment to carry out the performance and if the seller has not previously designated such person or institution to the customer. 5.4 The seller reserves the right to terminate the contract in the event of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the non-delivery and the Seller has entered into a concrete hedging transaction with the Supplier with due diligence. The seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 Self-collection is not possible for logistical reasons. 5.6 Vouchers are given to the customer as follows : - by downloading 6) Retention of title 6.1 In the case of consumers, the Seller reserves the right of ownership of the delivered goods until full payment of the purchase price due. 6.2 In the case of entrepreneurs, the Seller reserves the right of ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full. 6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the course of his normal business activities. The purchaser assigns in advance to the seller all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment applies irrespective of whether the reserved goods are resold without or after processing. The customer remains entitled to collect the claims even after the assignment. The Seller's authority to collect the claims himself shall remain unaffected. However, the seller will not collect the claims as long as the customer fulfils his payment obligations towards the seller, is not in default of payment and no application for the opening of insolvency proceedings has been made. 7) Liability for defects (guarantee) If the purchased item is defective, the provisions of the statutory liability for defects shall apply. It is possible to deviate from this: 7.1 For contractors - an insignificant defect does not in principle justify a claim for defects; - the seller has the choice of the type of supplementary performance; - the limitation period for defects in new goods is one year from the passing of risk; - in the case of second-hand goods, claims and claims for defects are generally excluded; - the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects. 7.2 For consumers, the limitation period for claims for defects in the case of second-hand goods is one year from delivery of the goods to the customer, with the restriction of the following clause. 7.3 The aforementioned limitations of liability and reduction of the limitation period shall not apply to - for objects which have not been used for a building in accordance with their usual use and which have caused its defectiveness, - for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller, - for other damages which are based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, and - if the seller has fraudulently concealed the defect. 7.4 In addition, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs. 7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to examine the goods and report defects in accordance with § 377 HGB. If the customer omits the notification obligations regulated therein, the goods shall be deemed to be approved. 7.6 If the customer acts as a consumer, he is entitled to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not do so, this does not affect his statutory or contractual rights in respect of defects. 8) Liability The seller is liable to the customer for all contractual, quasi-contractual and statutory obligations, including tort claims for damages and reimbursement of expenses, as follows 8.1 The Seller shall be liable without limitation for any legal reason. - in case of intent or gross negligence, - in the event of intentional or negligent injury to life, body or health - on the basis of a promise of guarantee, unless otherwise specified, - due to mandatory liability, such as under the Product Liability Act. 8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are those obligations which the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and which the Customer may regularly require to be complied with. 8.3 Any further liability on the part of the seller is excluded. 8.4 The above liability provisions shall also apply to the liability of the Seller towards its vicarious agents and legal representatives. 9) Redemption of vouchers 9.1 Vouchers which are issued free of charge by the Seller in connection with promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotion vouchers") may only be redeemed in the Seller's online shop and only during the specified period. 9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the voucher. 9.3 Promotion vouchers can only be redeemed before the end of the order process. Subsequent settlement is not possible. 9.4 Only one promotion voucher can be redeemed per order. 9.5 The value of the goods must be at least equal to the amount of the voucher. Any remaining credit will not be refunded by the seller. 9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference. 9.7 The credit balance of a promotion voucher is not paid in cash and does not bear interest. 9.8 The promotion voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotion voucher within the scope of his statutory right of revocation. 9.9 The promotion voucher is only intended for use by the person named therein. The promotion voucher may not be transferred to third parties. The Seller has the right, but not the obligation, to verify the material rights of the respective voucher holder. 10) Redemption of gift vouchers 10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise specified in the voucher. 10.2 Gift Vouchers and remaining credit balances of Gift Vouchers may be redeemed up to the end of the third year following the year of purchase of the voucher. Remaining credit balances are credited to the customer until the expiry date. 10.3 Gift certificates can only be redeemed before the end of the order process. Subsequent settlement is not possible. 10.4 Only one gift voucher can be redeemed per order. 10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers. 10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to cover the difference. 10.7 The credit balance of a gift voucher is not paid in cash and does not bear interest. 10.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller has the right, but not the obligation, to verify the material right of the gift voucher holder concerned. 11) Applicable law All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded by the mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn. (12) Place of jurisdiction If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer's registered office is located outside the territory of the Federal Republic of Germany, the seller's registered office shall be the sole place of jurisdiction for all disputes arising from this contract if the contract or the claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is entitled to appeal to the court at the customer's registered office. 13) Code of conduct - The seller has complied with the quality criteria of Trusted Shops, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf. - The seller has complied with the data protection code of the IITR GmbH - Institute for IT Law - which can be viewed on the Internet at https://www.iitr.de/informationen/codex.html. 14) Information on Online Dispute Resolution The European Commission offers an online dispute resolution platform on the Internet, under the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from purchase contracts or online services in which a consumer is involved.