Terms and Conditions DataSweet Online GmbH
§ 1 – General – Scope
Our conditions of sale apply exclusively and for all present and future business relationships; We do not recognize conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity.
§ 2 – Offer – Offer Documents
(1) If the order qualifies as an offer in accordance with § 145 BGB, we can accept this within a maximum of 2 weeks. The acceptance can be declared in writing or by delivery of the goods / service to the customer.
(2) Our offer is non-binding, unless otherwise stated in the order confirmation.
(3) We reserve ownership and copyright on illustrations, drawings, calculations and any other documents. Before they are being passed on to third parties, the customer requires our express written consent.
(4) Information in catalogues, drawings and the like descriptions as well as performance, measure, weight and colour specifications are only approximate, as far as these are not the subject of a binding offer. In addition, we accept changes in shape as well as improvements of the delivery item from the manufacturer, if these changes are reasonable and beneficial for the customer. Deviations in size, content, weight and shades are permitted within the scope of the commercial custom.
(5) In the case of the conclusion of the contract, the contract comes with
DataSweet Online GmbH
Kölner Str. 73-77, D-42651 Solingen
Registration number HRB 18732
(6) The presentation of the goods in our Internet shop do not constitute a legally binding contract offer on our part but is a non-binding invitation to the customer to order goods or services.
(7) With the order of the desired products / services, the customer makes a binding offer for him to conclude a purchase contract (can be done by e-mail). A valid purchase contract is only concluded if we expressly declare acceptance of the binding offer by the customer or if we send / deliver the goods / service to you without prior express acceptance. Exception: For payment in advance, credit card and PayPal, the order is accepted immediately with your order.
§ 3 – Prices – Terms of
(1) The legal VAT is not included in our prices in the shop; it will be shown separately on the day of invoicing at the statutory rate. Transport costs are shown separately.
(2) Installation and installation costs are included in the price only in case of separate agreement.
(3) We reserve the right to change our prices accordingly if cost reductions or increases occur after conclusion of the contract, in particular due to collective bargaining agreements or material price changes.
(4) Accepted payment:
Wire transfer in advance (+30 € bank charge for payments outside the EU),
Credit card or PayPal (+ 2% fee).
(5) Unless otherwise stated in the order confirmation, the purchase price is due net upon receipt of the invoice. If an entrepreneur is in default of payment, we are entitled to demand default interest in the amount of 5% pa above the respective base interest rate per annum. If we are able to prove a higher damage caused by default, we are entitled to assert this. For each reminder letter that will be sent to you after the default, you will be charged a reminder fee of 5 EUR.
(6) Should we be obliged or entitled to take back the used equipment, we shall be entitled to the following flat-rate claims as minimum sums for the use and depreciation of the delivered goods: for use and depreciation on redemption during the first half year after delivery / acceptance 33 % of the order price, during the second half year after delivery / acceptance 40% of the order price, during the third and for each additional half year further 5% of the order price. The customer reserves the right to prove that no or substantially less damage has been caused by the return. We reserve the right to prove that the damage incurred by us for use and depreciation is higher. When determining the damage, the age and condition of the device and its recyclability must be taken into account.
(7) The customer shall only be entitled to offsetting rights if his counterclaims are legally established, undisputed or acknowledged by us. Rights of retention can only be asserted if the counterclaim is based on the same contractual relationship and is undisputed by us.
(8) The ordering of a « Logo + Link » entry on our website is always valid for one year. It automatically renews for another year if the order has not been cancelled in text form at the latest 2 months before the end of the term.
§ 4 – Delivery,
Retention of Title
(1) Unless otherwise agreed, the delivery of the goods / service from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to goods / services that are described only by their nature and characteristics (generic goods). We are only obliged to deliver from the stock of goods and the goods ordered from our suppliers.
(4) Partial deliveries are
permitted within the scope of what is reasonable and to settle on the agreed
terms of payment.
§ 5 – Passing of risk (1) If the customer is an entrepreneur, the risk of accidental loss and the like is at risk. the accidental deterioration of the goods sold to the customer, the sale of the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment, to the customer.
(2) If the customer so wishes, we will cover the delivery at his expense by a transport insurance.
§ 6 – Retention of title
(1) We reserve the right of ownership of the goods until the receipt of all payments from the business relationship with the customer. This also applies to the receipt of all payments from an existing current account relationship (business relationship) with the customer; the reservation refers to the recognized balance.
(2) We reserve the right of ownership of the goods to consumers until full payment of the purchase price.
(3) The customer is obliged to treat the retained goods with care; in particular, he is obligated to do so at his own expense against fire, water, and the like. Theft damage sufficient to insure new value. If maintenance u. Inspection work is required, the customer must perform this at their own expense.
(4) In the event of seizure or other interference by third parties, the customer must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO. Unless the third party is in a position to us the judicial u. To reimburse extrajudicial costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
(5) The customer is entitled to resell the reserved goods in the ordinary course of business. However, he assigns to us all claims in the amount of the invoice amount (including VAT). We accept the assignment, but you are authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
(6) The processing or mixing of the reserved goods we acquire co-ownership of the new thing in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(7) We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.
§ 7 – Revocation
In case you are a consumer within the meaning of § 13 BGB, ie make the purchase for purposes that are predominantly neither for your commercial nor for your independent professional activity, you have a right of withdrawal in accordance with the following provisions:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has or has taken possession of the last goods or the last partial consignment.
To exercise your right of withdrawal, you must contact us
DataSweet Online GmbH
Kölner Str. 73-77, D-42651 Solingen
Phone: +49 (0) 212 401 55 668
by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have to reimburse all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery we offer) at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
End of revocation
(2) Entrepreneurs within the meaning of §14 BGB and legal persons of the public right have no right of revocation.
(3) Please avoid damage. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. Please ensure that there is adequate packaging to provide adequate protection against damage during transport in order to avoid claims for damages due to lack of packaging.
(4) Please call us before returning to announce a return.
(5) Please note that the above two paragraphs (3) and (4) regulate the modalities of the revocation / return, but are not a prerequisite for the effective exercise of the right of revocation.
§ 8 – Warranty
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§433 ff. BGB).
§ 9 – Conclusion:
If general terms and conditions have not become part of the contract or are ineffective, the contract remains otherwise valid. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.