GENERAL TERMS AND CONDITIONS
§ 1 General, customers, contract language
(1) These terms and conditions apply to the between you and us, Sommer Antriebs- und Funktechnik GmbH, Stuttgart District Court, HRB: 230476, Hans-Böckler-Str. 27, 73230 Kirchheim / Teck, represented by the managing directors Gerd Schaaf and Dieter Walddörfer, contracts concluded via this online shop www.shop-sommer.eu, unless otherwise expressly agreed in writing between you and us. & nbsp; They also apply to all future deliveries, services or offers to the client, even if they are not separately agreed again.
(2) Terms and conditions of the client or third parties do not apply, even if we do not separately contradict their validity in individual cases. Even if we refer to a letter that contains or refers to terms and conditions of the client or a third party, this does not constitute consent to the validity of those terms and conditions.
(3) Our sales staff is not entitled to make verbal agreements with you as a customer in connection with the contract that deviate from the order form or these general terms and conditions.
(4) The product range in our online shop is aimed exclusively at you as an entrepreneur. For the purposes of these general terms and conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is predominantly acting in their commercial or independent professional activity (Section 14 (1) of the German Civil Code - BGB). & nbsp; & nbsp;
(6) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are provided for your information only. If there are any differences between the language versions, the German text has priority.
§ 2 Order process, conclusion of contract
(1) The presentation of the goods in our online shop under the domain shop-sommer.eu & nbsp; does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking on the "Order with obligation to pay" button in the last step of the ordering process, you are submitting a binding offer to purchase the goods shown in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not yet constitute acceptance of your contract offer.
(3) Select the products you would like to order by clicking the "Add to cart" button. This puts your selection in the shopping cart.
You can change this selection at any time until you send your order (until the process »order with obligation to pay«) by changing the number / quantity of the products by clicking on the garbage can symbol Delete selection or cancel the order process. By clicking the button »Proceed to checkout« you get to the next order step.
(4) Please log in with your e-mail address and password if you already have a customer account.
If you do not have a customer account, you can register as a new customer.
(5) Please now enter your billing address. If you want a delivery address that differs from the billing address, mark the entry “Send to another address” and click the button “CONTINUE” and, if different from the billing address, enter the delivery address
(6) The amount of the shipping costs is displayed. & nbsp;
(7) You will receive a final overview of your order: the selected products, the billing and delivery address and your selected payment method. Up to this point you can correct your entries or withdraw from the contract declaration. You are only making a legally binding offer by subsequently confirming the »Order with obligation to pay« button.
§ 3 Correction Notes
As part of the ordering process, first place the desired goods in the shopping cart. There you can change the desired number of items at any time or remove selected goods entirely (click on the garbage can symbol). If you have stored goods in the shopping cart, you can click on the button »GO TO CHECKOUT« to go to the overview page where you can check your details. You can correct your input errors (e.g. with regard to the payment method, data or the desired number of items) by clicking on "Edit" or on the right-hand side by clicking on "Change". You can access the shopping cart by clicking on the “shopping cart” item on the right-hand side above the website. If you want to cancel the ordering process completely, you can simply close your browser window. By clicking the confirmation button “Order with obligation to pay” you are submitting a legally binding offer.
4 Prices, terms of delivery
(1) Our prices do not include the statutory sales tax. & nbsp; Shipping costs, customs duties and similar charges are to be borne by you.
(2) We deliver the goods in accordance with the agreements made with you.
(3) We only deliver against payment using the payment methods we offer.
(4) You have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
§ 5 Shipping, Insurance and Transfer of Risk
(1) Unless expressly agreed otherwise, we will determine the appropriate shipping method and the transport company at our discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified by us is therefore non-binding. If we have taken over installation or assembly work, however, we owe the timely completion of this work and handover to the customer at the contractually agreed location.
(3) If we only owe the shipment, the risk is transferred to the customer upon delivery of the goods to the transport company. If we have taken on installation or assembly work at the customer's location, the risk is always transferred to the customer when it is completed and handed over.
(4) We will only insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the buyer and at his own expense. & nbsp;
§ 6 Storage of the contract text
The contractual provisions with details of the ordered products including these general terms and conditions will be sent to you by email with the acceptance of the contract offer or with the notification thereof. We do not store the contractual provisions.
§ 7 retention of title
(1) The goods remain our property until they have been paid for in full. If you are in arrears with payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you assign to us all claims from such a resale in the amount of the invoice value of our claim, regardless of whether this occurs before or after any processing of the goods delivered under retention of title. Regardless of our authorization to collect the claim ourselves, you remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and to the extent that you meet your payment obligations, no application has been made to open insolvency or similar proceedings against your assets and there is no suspension of payments. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities according to our selection at your request.
§ 8 Guarantee for purchases of goods
(1) If the delivered goods are defective, you are entitled within the framework of the statutory provisions to request supplementary performance in the form of removal of the defect or delivery of a defect-free item. We have the right to choose the type of supplementary performance. If the subsequent performance fails, you are entitled to reduce the purchase price or, if the legal requirements are met, to withdraw from the contract. The prerequisite for any warranty rights is that you properly fulfill all inspection and complaint obligations owed in accordance with Section 377 of the German Commercial Code. You must carefully examine the goods immediately after they have been sent. The delivered goods are deemed to have been approved by you if a defect is not reported to us
(a) in the case of obvious defects within five working days after delivery or
(b) otherwise within five working days after discovery of the defect.
(c) The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.
§ 9 Limitation of Liability
(1) We are liable for willful intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and which you as a customer can regularly rely on. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply to injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
(3) The above exclusions and limitations of liability apply to the same extent in favor of our employees and other vicarious agents.
§ 10 Industrial property rights and copyrights
(1) The customer is granted the non-exclusive right to use the software supplied with the goods in connection with the use of the goods.
(2) The customer is not entitled to make copies of the software, except for the purpose of use in accordance with Section 10 (1) or for backup purposes.
(3) The customer may only transfer the rights granted to him to the software to a third party if at the same time ownership of the product in question (especially hardware product) is transferred to this third party and the customer does not retain any copies of the software.
(4) We are under no circumstances obliged to disclose the source code of the software.
§ 11 Data protection
§ 12 Final provisions
(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
(3) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of our company in Kirchheim.
(4) Should individual provisions of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions.
Platform for online dispute resolution
The European Commission provides a platform for online dispute resolution. This is under https://ec.europa.eu/consumers/odr available. The use of this platform for online dispute resolution is not a mandatory requirement, but merely represents a voluntary alternative to legal disputes for you. You are free to continue your legal claims without using the platform for online dispute resolution of the EU Commission on the to settle legal proceedings.