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General Terms and Conditions of SINA Spielzeug GmbH
November 30, 2009
1. Scope
The general terms and conditions below apply solely to the purchase of consumer goods within the meaning of Section 474 I of the German Civil Code (BGB) as part of Internet trade. We will effect delivery, also for future contractual relations, based solely on our General Terms and Conditions in their relevant current version.
The relevant current version of our terms and conditions will be applicable.
2. Conclusion of Contract
Our presentation of goods on the Internet does not represent a binding offer. It is an invitation to the customer to make us a binding offer. A contract will not come about until we have acknowledged it, which will be done electronically. The same applies to any delivery promise, subsequent changes and special agreements of any kind. An automatic confirmation stating that an order has been registered and that it will be processed shall not be deemed to be a confirmation for the purpose of concluding a contract.
In the event of any unforeseeable economic or other disturbance, in particular strike, operational breakdowns or any default on the part of suppliers, we have the right to withdraw from the contract. This will apply only if the disturbance has a material influence on the delivery of the goods to which the contract pertains, renders their delivery impossible for an unforeseeable time, and if we are not entitled to damages from our suppliers.
3. Delivery
The expected delivery date will be determined upon conclusion of the contract. The time for delivery starts when the order acknowledgement is sent, but not until any documents, licences or clearances which may have to be provided by the ordering party have been submitted, or until receipt of any down payment which may have been agreed.
Early deliveries or partial deliveries are acceptable.
The time for delivery shall be extended in case of unforeseeable economic or other disturbances, in particular strike, operational breakdowns or default on the part of suppliers, provided that they can be demonstrated to materially affect the delivery of the goods to which the contract pertains. The time for delivery will be extended according to the duration of such disturbances. The aforementioned cases shall also be deemed to be beyond our control if they arise in the course of an already existing default. We will inform the ordering party of the beginning and end of such disturbance without delay.
The passing of risk for shipments occurs at the time the goods are handed over to the customer. Any default of acceptance on the part of the customer shall be deemed to be equivalent to a hand-over of the goods. Please note that deliveries of goods are insured up to EUR 500.00. The customer shall be responsible, at his expense, for taking out insurance for any higher amount separately.
4. Scope of Delivery
The scope of delivery will be determined by our written order acknowledgement. During the time for delivery, we reserve the right to make changes of construction or form attributable to a change of design, technical improvements or requirements by law, provided that the delivered goods are not materially changed by them and that the changes are objectively reasonable for the customer.
5. Prices
The prices stated in the presentation of goods are applicable to on-line sales. They are per-item prices for end consumers. They are effective ex works Neuhausen, including VAT at the relevant applicable rate, plus shipping and handling.
Deliveries to countries outside Germany will be made against prepayment. Invoices will be issued in Euro.
In addition to the purchase price, we charge a lump sum of EUR 4.00 per order for shipping and handling within Germany. Deliveries to countries outside Germany will be charged separately.
Any postal charges for shipments cash on delivery as well as any additional costs for expedite deliveries shall be for the customer’s account.
We shall have the right to change prices if the time between the conclusion of the contract and the agreed delivery date exceeds four months. If there is any increase in wages, in the cost of materials or in the acquisition prices customary in the market after this period has expired, we shall have the right to raise the price reasonably and in accordance with the increase in costs. The customer shall have the right to withdraw from the contract in this case only if the increases in prices exceed the increase in the general cost of living between the time of ordering and delivery to an extent which is more than immaterial.
Shipping fee information: Here you can find our Shipping and returns.
6. Acceptance, Passing of Risk, Revocation and Warranty
a) The risk of having to pay the purchase price and of having to effect a new delivery shall pass to the customer at the time the goods are handed over or at the time they are completed and ready to be picked up, along with the receipt of a notice of provision. The customer shall be responsible for accepting the delivered goods.
b) The customer shall be responsible for checking the delivered goods and for making any complaint in written form within two months of receiving the goods, of receiving the notice of provision or of becoming aware of a defect which has become apparent, unless he is temporarily prevented from doing so without his fault. Otherwise, any claim for damages will be excluded.
c) If a distance selling contract (e.g. Internet trade) exists, the customer has the right, within two weeks of receiving the goods, to revoke his declaration of intent directed at concluding the contract. The revocation does not have to contain any statement of reasons, and it has to be declared to us in text form or by returning the goods. Despatching the goods in due time shall be sufficient in order to meet the time limit. When exercising his right of revocation, the customer shall be required to return the goods at his own expense, except where the value of the goods exceeds an amount of 40.00 € or the goods delivered do not correspond the goods ordered. If the customer is responsible for assuming the costs of returning the goods, we will not accept any deliveries sent postage unpaid. In addition, the customer shall be responsible to pay compensation for any deterioration caused by using the goods for their intended purpose. This does not apply if using the goods is limited to checking them in a prudent and careful manner.
The foregoing provisions do not apply to orders made according to the customer’s specifications or clearly customised for the individual demands of the ordering party.
Any revocation or return of the goods shall be made to the address given at the end hereof.
d) If the customer intentionally or grossly negligently falls behind with accepting the delivered goods for more than 14 days from the day of receiving the notice of provision, we shall have the right to withdraw from the contract or to demand damages for non-performance after granting a grace period of 10 days. Such grace period shall not be necessary if the customer seriously or finally refuses acceptance, or if he is obviously unable to pay the purchase price even within this period.
e) If a claim for damages is asserted for non-performance, we will have the right, without providing specific evidence, to demand damages from the customer as a lump sum in the amount of 20 % of the value of the delivery. If the delivered goods are a single item, the lump sum for damages is 50 %. In any case, the customer shall have the right to prove that we have suffered a lower damage. For our part, we shall have the right to prove that the damage suffered by us is greater.
f) We assume liability for any defect of the delivered goods as follows:
For a period of two years from the time the risk of having to pay the purchase price and of having to effect a new delivery passes to the customer, the customer shall be entitled to claim that any defect of the delivered goods be remedied by means of subsequent performance. In any case, we shall have the right to choose whether to rectify the defect or to make a replacement delivery.
If a rectification fails or if further rectification attempts are unreasonable for the customer, he may, instead of rectification, demand withdrawal from the contract or a reduction in the purchase price. The limitation period for any claims for damages of the customer for a defect is one year, within the two-year warranty period, of delivery of the goods, of receiving the notice of provision or becoming aware of the defect. This shall not apply within the framework of the German Product Liability Act or if we are to blame for malice.
g) Natural wear shall be excluded from warranty in any case.
h) We assume liability for any further claims and rights only in cases of intent or gross negligence; in case of slight negligence we assume liability only for the foreseeable direct average damage typical for this contract category. Any liability for the rest shall be excluded.
The foregoing provision also applies to our legal agents and vicarious agents.
7. Retention of Title
a) We retain title to all delivered goods until they have been fully paid. The customer shall have the right to resell the delivered goods within the proper course of business.
b) However, the customer assigns to us at this point already all receivables in the amount of the purchase price agreed between us and the customer (including VAT) which may arise from resale for the benefit of the customer. The customer shall have the right to collect these receivables after they have been assigned. Our right to collect these receivables ourselves shall remain unaffected. This right will not be exercised as long as the customer duly fulfils his payment obligations and as long as he does not fall behind with his payments. However, if this is the case, we may demand from the customer to disclose to us the assigned receivables and respective debtors, to provide all information necessary for collection, to hand out all related documents and to inform the debtors (third parties) about the assignment.
c) The customer may neither pledge the delivered goods nor assign them by way of security. In the event of any attachment, seizure or other order by any third party, the customer shall inform us thereof without delay and provide us with all information and documents necessary to protect our rights.
d) We undertake to release to the customer, upon his demand, the securities to which we are entitled, to the extent that their value exceeds the value of the claims to be secured and not yet settled by more than 20 %.
8. Payment Terms
a) The customer can pay either as at advance payment to our bank account
Volksbank mittl. Erzgebirge eG
BLZ: 87069075
Konto: 108506075
BIC (SWIFT-CODE): GENO DE F1 MBG
IBAN-CODE: DE 98 8706 9075 0108 5060 75
or using Paypal.
b) Default interest will be charged by us from the customer at the relevant base rate of the European Central Bank plus 5 %. Higher default interest shall be assessed if we can provide evidence of being burdened with a higher interest rate.
c) Payments from outside Germany shall be accepted by means of bank transfer only (no cheques). The costs of any bank charges shall be assumed by the customer except charges for Paypal payments.
9. Place of Performance and Venue
This contract will be governed exclusively by German law. The laws on the international sale of moveable property (UN Convention on the sale of goods) shall not apply.
10. Data Protection
Please note that any data gathered within the scope of the business relations concerned will be collected, processed and used by us in accordance with the German Data Protection Act (BDSG) and the German Teleservices Data Protection Act (TDDSG) in order to enable us to fulfil our obligations arising from the contractual relations concerned. We are entitled to communicate such data to partners duly instructed and carefully selected by us in accordance with section 11 of the BDSG for the purpose of credit assessment. No data will be communicated to any third party except the data that is needed for shipping and this information only to the assigned forwarding company.
11. Secrecy of Passwords, Access Blocks and Access by Third Parties
The user of our offer shall be unreservedly liable for all consequences and damages which are sustained by the supplier and third parties as a result of an abusive or illegal use of the services or due to the fact that the user fails to comply with his miscellaneous obligations and if he is responsible for the aforesaid failures to comply. The aforesaid shall particularly include duties of care
- for ensuring that the passwords used by the user/Buyer are kept secret, controlled and changed in the event of any identified abuse by third parties and that we are informed accordingly. For security reasons, we shall be entitled and obliged to block access/accounts of the user/Buyer if incorrect passwords are repeatedly entered;
- for ensuring that third parties have no direct or indirect access to services of SINA Spielzeug GmbH offered under the respective customer name unless this has been expressly approved by us. This shall exclude persons employed in the business operations of the user/Buyer or persons who live in the same household as the user/Buyer. Price reduction, reimbursement or compensation claims caused by third parties for reasons in accordance with clause 1 shall be excluded;
- minors may only use the offered services with the consent of the parents or guardians. This shall particularly include orders, the submission of binding offers and any formal declarations.
We shall not be liable for dangers and risks inherent in the Internet, especially for third party contents and for mediating access for third party contents. The aforesaid ruling shall exclude our own liability for our Internet page.
12. Other Provisions
a) No assignment of the customer’s rights and obligations from the contract concluded with us shall be effective unless confirmed by us in writing.
b) Should any provision of our general terms and conditions be or become invalid, the validity of the other provisions shall remain unaffected.
Contact:
SINA Spielzeug GmbH
Bahnhofstrasse 17
D-09544 Neuhausen
GERMANY
Tel.: +49-37361-463-0
Fax: +49-37361-463-26
info@sina-spielzeug.de
USt-IdNr.: DE 140979226
Steuer-Nr.: 3220/118/02595
Registergericht Chemnitz, HRB-Nr. 4551
Managing directors:
Lulu Schiffler-Betz
Werner Seidler
Barbara Seidler
Responsible Person:
Barbara Seidler |
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