General Terms and Conditions with Customer Information
1. Provider
2. Scope
3. Definitions
4. Offer and conclusion of contract
5. Delivery time
6. Prices and shipping costs
7. Transport risk
8. Payment methods
9. Retention of title
10. Reservation of the right to cancel
11. Legal liability for defects
12. Notification of defects
13. Limitation of liability, guarantees
14. Language of the agreement, contract text
15. Applicable law, agreement on place of jurisdiction
16. Online dispute resolution
17. Severability clause
18. Information about disposing of batteries
1.Provider
The following legal entity (hereinafter “provider”) is the provider of the product range and contract partner presented in this online shop at the time of purchase agreements concluded using this online shop.
Company headquarters:
Offenbach am Main
Business address:
Meier Logistik GmbH
Zum Geisberg 5 a
66740 Saarlouis
Authorised representative: Managing Directors: Sven Meier, Stefan Maurer
E-mail: service@surifrey.com
VAT identification number: DE318595232
Commercial register: Offenbach am Main District Court, HRB 50975
Contact:
Tel. +49 (0)6831 4876504
Fax: +49 (0)6831 4876549
E-mail: service@surifrey.com
2.Scope
The following General Terms and Conditions apply for all contracts concluded via this online shop.These also contain the information required by law in accordance with the regulations on contracts for distance and electronic business.
3.Definitions
If the terms “entrepreneur” and “consumer” are used, the statutory definitions of the German Civil Code (BGB) apply:
(1) Entrepreneur within the meaning of Section 14 of the Bürgerliches Gesetzbuch (BGB – German Civil Code) is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their commercial or independent professional activity.
(2) Consumer within the meaning of Section 13 of the Bürgerliches Gesetzbuch (BGB – German Civil Code) is any natural person who completes a legal transaction for the purposes that cannot be attributed to either their commercial activities or their independent professional activity for the most part.
4.Offer and conclusion of contract
(1) The product presentations in this online shop are always non-binding and do not represent an offer in the legal sense.On the basis of the product presentation the customer is invited to place the desired products in the shopping cart and submit a legally binding offer for the purchase of the ordered products by ordering the products.The time of the conclusion of the contract is based on Point 4 of these GTCs
(2) The customer has the option to place the desired products without obligation to the shopping cart via the shopping cart function.The corresponding button / symbol on the respective product page must be actuated for this.An undesired and already selected product can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking the delete button.
(3) If all desired products are in the shopping cart, the customer can initiate the payment process:
(a) “Checkout” button:
If the customer actuates the cash register, he can log into an existing customer account, open a new customer account, or carry out the order without opening a customer account via the guest ordering function.In the following, the personal data required to process the contract must be entered by the customer, whereby mandatory fields are highlighted.In the further order process, the desired mode of payment and dispatch is requested.At the end of the order process, the customer will be taken to a "Checkout" page listing the data entered, the selection made by the customer, the products requested, the costs and their composition.The customer can check his selection and entries here.Errors can be corrected by clicking on the respective change button and new input/selection.By clicking on the order button [“Order an obligation to pay”], the purchase process is concluded and the customer submits a legally binding offer to conclude a contract.The contract is concluded by accepting the offer by the provider, by sending an order confirmation within 48 hours.If this is not the case, the offer is regarded as rejected.
(b) "Directly for PayPal" button:
By selecting the instant payment system "PayPal-Plus", the customer is redirected to PayPal's log-in page by clicking the "Direct to PayPal" button.After logging in successfully, the shopping cart as well as the address and payment data filed with PayPal is displayed.Here, the customer has the option to check his entries and to correct errors by clicking on the respective "Change" button and the new entry or new selection.Press the [“Pay now”] button to complete the purchase and to close the contract directly with the provider.
5. Delivery time
The delivery time is specified on the detailed product page.If there is no specific indication of the delivery time on the product side, the following applies: The goods ordered are initiated by the customer within 48 hours of placing an order or for advance payment methods within 3 working days of execution.The calculation does not take into account Sundays and public holidays.With normal post and package times, the delivery time to the customer is 2-4 business days.The given delivery times apply only for shipping within Germany.If offered, dispatch to a foreign country may take between 3 and 4 business days.
6. Prices and shipping costs
(1) Without exception the prices listed in this online shop are final prices and include the statutory value added tax.
(2) If shipping costs are incurred, they are listed on a corresponding and linked subpage for the supply area offered.
(3) If shipment is offered outside the EU, additional customs, taxes and fees may be incurred, which must be borne by the customer and must be paid to the competent customs or tax authorities.The details can be requested by the customer before ordering from the relevant customs or tax authorities.There are also helpful information sites, such as the following:
https://ec.europa.eu/info/departments/taxation-and-customs-union_en
7.Transport risk
(1) In the sale of consumer goods, the provider bears the transport risk in accordance with the statutory provisions.If the purchaser is an entrepreneur, the transport risk is transferred to the latter as soon as the goods are handed over to the transport company.
(2) If the customer is responsible for the undeliverability of a consignment, he shall bear the additional costs incurred thereby.Shipments shall be deemed undeliverable if no person entitled to receive is found and the pick-up period has expired fruitlessly, acceptance by the consignee or authorised recipient is refused or the consignee can not be identified at the address indicated by him.Refusing acceptance also applies to the prevention of delivery via an existing receiving device (e.g. taped over letter box / prohibition on receiving post), the refusal to pay cash on delivery (f the payment method pay on delivered offered and selected by the customer) or the refusal to provide confirmation of receipt.
8.Payment methods
(1) The customer can choose between multiple payment methods.These are listed on an appropriately linked sub-page and displayed for selection in the order process.If additional costs are incurred for certain payment methods, these will be listed in detail on the corresponding linked subpage.
(2) Delivery of the goods takes place in the case of the advance payment types after payment has been received by the provider.
(3) The "purchase on account" method of payment is made in collaboration with payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria.If this payment method is selected, the provider assigns its payment claims to the customer to Bank Frick & CO AG. In advance, payolution carries out a credit check.In the case of a negative credit check, the provider reserves the right to refuse the use of the payment method "purchase on account" to the customer and to refer this to the other payment methods offered.If the "Purchase on account" payment method is accepted, the customer can pay with debt-discharging effect only to the Bank Frick & CO AG account stated to the customer.However, the provider is always responsible for handling the contract regarding the purchase agreement concluded.
Further information on the terms and conditions of payolution GmbH can be found here: https://payment.payolution.com/payolution-payment/infoport/agb?mId=TWVpZXIgTG9naXN0aWsgR21iSA
9.Retention of title
If the customer is a consumer, the provider retains ownership of the delivered goods until payment of the purchase price by the customer.If the customer is an entrepreneur, the provider retains ownership of the delivered goods until full payment of all claims arising from the business relationship with the purchaser.
10.Reservation of the right to cancel
If after the conclusion of a purchase contract, the provider encounters delivery difficulties in such a way that he himself is not supplied in time with the type and quantity, the provider reserves the right to withdraw from the contract.The above applies only in the event that the provider is not responsible for the lack of delivery, in particular has completed a cover transaction in time to fulfil its contractual obligations and has informed the affected customers immediately.In such a case, the provider will immediately reimburse the services already provided by the customer.
11.Legal liability for defects
(1) In the case of contracts with consumers on the delivery of new goods, the statutory provisions apply. A two-year warranty period shall apply as of the hand-over to the consumer.
(2) In divergence from the statutory provisions, a warranty period of one year from the handover to the purchaser for contracts with companies for the delivery of new The rights of the entrepreneur arising from Sections 478 and 479 of the Bürgerliches Gesetzbuch (BGB – German Civil Code) remain unaffected by this.
(3) The above limitation periods of the warranty period do not apply for claims arising from damage caused by the provider’s legal representatives or agents in the following cases: in the event of injury to life, limb or health, intentional or grossly negligent breach of duty, in the case of fraudulent concealment of a defect, in the event of a breach of a duty, the fulfilment of which makes the proper execution of the contract possible in the first place and upon the fulfilment of which the purchaser may regularly rely (material obligation).Furthermore, the provider is liable in accordance with the German Product Liability Act (Produkthaftungsgesetz) if the scope of product liability law is opened, or in other cases in which the liability of the provider is obligatory.
12.Notification of defects
If the customer is a merchant as defined in the Handelsgesetzbuch (HGB – German Commercial Code), it must inform the provider immediately of defects, but no later than within one week of receipt of the goods.Defects that can not be discovered even after careful examination within this period are to be communicated in writing immediately after the discovery, otherwise the goods are regarded as approved also in view of this defect.The above does not apply if the provider fraudulently concealed the defect or assumed a corresponding guarantee.If the provider engages in negotiations about a complaint, this does not constitute a waiver of the objection of late, inadequate or unfounded complaint.
13.Limitation of liability, guarantees
(1) The provider shall be liable without limitation for damages, provided it is guilty of intent or gross negligence.
(2) For simple negligence, the provider is liable only in case of breach of an obligation, the fulfilment of which makes the proper execution of the contract in the first place and on whose compliance the purchaser may regularly trust (cardinal obligation).Liability in case of simple negligence is excluded.
(3) If the provider is liable as above for ordinary negligence, liability is limited to the loss that typically had to be expected based on the circumstances known at the time the agreement was concluded.
(4) The aforementioned exclusions and limitations of liability shall not apply if a guarantee for the condition of the goods has been accepted or the defectiveness of the goods has been fraudulently concealed.The provider shall furthermore be liable without limitation for damages to be replaced by it in accordance with the German Product Liability Act, as well as for damage to life, limb and health.
(5) If guarantees are granted by the manufacturer or the provider, this is indicated on the relevant product page or on a separately linked sub page.The legal rights of the customer, in particular the statutory liability for defects, are not affected by any guarantees granted.
14.Language of the agreement, contract text
(1) The language of the contract shall be German.
(2) The contract text is not stored by the provider after conclusion of the contract and is not accessible to the customer.The customer can print out the text of the contract before concluding the agreement and/or save it in PDF format with screenshots of the key websites or conversion in PDF format.
15.Applicable law, agreement on place of jurisdiction
(1) The purchase agreements concluded with entrepreneurs via this online shop are subject to the substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In the event of disputes concerning contracts that have been concluded via this online shop, the place of jurisdiction shall be deemed to have been agreed upon in the district of which the provider is domiciled if the purchaser is a legal entity under the German Commercial Code (HGB) or a legal entity under public law or special funds under public law.
16.Online dispute resolution
(1) Under the following link, the European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
(2) For general consumer problems, the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V. is responsible. It can be reached at https://www.verbraucher-schlichter.de or at the following address: Strassburger Strasse 8, 77694 Kehl am Rhein
(3) The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
17.Severability clause
If one of the above provisions is fully or partially invalid on the basis of statutory provisions, regulations or legislative changes, all other provisions shall remain unaffected and continue to apply in full.
18.Information about disposing of batteries
If batteries and rechargeable batteries are included in the scope of delivery, the following statement should be noted: used batteries must not be disposed of with domestic waste.By law used batteries are to be disposed of only through the trade or the collection points specially set up for this purpose.Trade and manufacturers are legally obliged to take back the batteries at no charge and properly dispose of them or to dispose of special waste.The customer can therefore return used batteries to a municipal collection point or to the trade on site or to the provider free of charge.
The batteries are labelled with a crossed-out waste bin.For batteries containing more than 0.0005 percent of mercury, more than 0.002 percent of cadmium or mass of cadmium by mass, the respective chemical symbol (symbol (mercury), Cd (cadmium) or Pb (lead) is listed under the symbol of the waste bin.
As of September 2018