The following terms and conditions apply for all orders made via our online shop by “consumers” and “businessmen”.
A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A “businessman” is a natural or legal person or legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to businessmen, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the businessman uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting Party, Conclusion of Contract
The purchase contract is made with sanSirro GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract becomes effective upon accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive an e-mail confirmation.
3. Contract Language, Contract Text Storage
The languages available for the contract are German and English. We save the contract text and send you the order information and our terms and conditions by e-mail. For security reasons, the text of the contract is no longer accessible via Internet.
4. Terms of Delivery
If you are not satisfied with the received items, we can easily arrange an exchange or refund for you. We are here to help you! Shipping costs are always to be paid by the customer. You have the option of pickup at sanSirro GbmH, Stangersdorf Gewerbegebiet 110, 8403 Lebring, Austria during the following business hours: Monday to Thursday from 8:00 am to 5:00 pm, excluding public holidays. Friday from 8:00 am to 2:00 pm. Please inform us at least two business days before your pickup, so that we can deliver the goods from our warehouse. We do not deliver to packing stations.
Import duties can be invoiced separately by authorities or deliverers for deliveries to non-EU countries. These are not taken into account in the shipping costs and must also be paid to the relevant customs fee issuer.
In our shop you can normally use the following payment methods:
By submitting the order, you also submit your credit card details. After your authentication as a legitimate cardholder, we request your credit card issuer to initiate the payment transaction immediately after the order. The payment transaction is automatically performed by the credit card company and charged to your card.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered or first register with PayPal, authenticate with your login details and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
Cash Upon Pickup
You pay the invoice amount in cash upon pickup.
6. Retention of title
The goods remain our property until payment is received in full.
For businessmen the following also applies: We reserve the ownership of the goods until the complete settlement of all claims arising from an ongoing business relationship. The businessman may resell the goods in the ordinary course of business; All claims arising from this resale shall be assigned to us in advance – irrespective of any combination or commingling of the goods subject to retention of title with a new item – and we accept this assignment. The businessman remains authorized to collect the claims, but we may also collect claims ourselves if the businessman does not fulfill payment obligations.
7. Damages in Transit
For consumers, the following shall apply:
If goods are delivered with obvious damage occurring during transport, please file a complaint about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact us has no consequences on your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to claim our compensation from the delivering company or the transport insurance, respectively.
For businessmen, the following shall apply:
The risk of accidental destruction and accidental deterioration will be transferred to you as soon as we deliver the item to the transport company, carrier, or any other person or institution otherwise responsible for carrying out the shipment. For businessmen, the obligation of inspection and notification, which is regulated in § 377 HGB (German Commercial Code), applies. If you fail to do so, the goods shall be deemed approved unless it involves a defect that could not be detected during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless expressly agreed otherwise, the statutory warranty rights apply.
When consumers buy used goods, the following applies: if the defect occurs one year or more after delivery of goods, claims based on defects shall be excluded. Defects that occur within one year of delivery of goods can be claimed within the statutory limitation period of two years from delivery of goods.
For businessmen, the limitation period for claims for defects for newly manufactured items is one year from the transfer of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB (German Civil Code) remain unaffected.
With regard to businessmen, the agreement concerning the quality of the goods applies only to our own information and the manufacturer’s product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide businessmen with warranty at our discretion by elimination of the defect (rectification) or by delivery of a defect-free item (replacement).
The previously stated limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives, or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as malice
- in case of breach of essential contractual obligations, the fulfillment of which only enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- within guarantee promise, to the extent agreed
- insofar as the scope of application of the Product Liability Act is in effect.
Information about any applicable additional guarantees and their exact conditions can be found on the product and on special information pages in the online shop.
We are always fully liable for claims due to damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- within guarantee promise, to the extent agreed, or
- Insofar as the scope of application of the Product Liability Act is in effect.
In the event of a breach of essential contractual obligations (cardinal obligations) (the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely) due to slight negligence by us, our legal representatives or vicarious agents, the liability shall be limited to the amount of foreseeable damage, the emergence of which has to be typically expected, at the time the contract was concluded. All other claims for damages shall be excluded.
10. Dispute Settlement
The European Commission provides an online dispute settlement (OS) platform which you can find here: https://ec.europa.eu/consumers/odr/ .
We are not obligated and are unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final Provisions
If you are a businessman, then German law applies to the exclusion of the UN Purchase Law.
If you are a merchant in terms of the Commercial Code, a legal entity under public law, or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.
Terms of Service created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Attorneys.