General terms & Conditions
Table of contents
- Scope of application
- Conclusion of contract
- Right of revocation
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redeeming promotion vouchers
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of SoMatEm GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, e-mail, post or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), the receipt of the order confirmation by the customer being decisive, or
- by delivering the ordered goods to the customer, the receipt of the goods by the customer being decisive, or
- asking the customer to pay after placing the order.
If several of the above alternatives exist, the contract is concluded at the time when one of them occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day after the offer is sent. If Seller does not accept Customer's offer within the above-mentioned period, this will be considered a rejection of the offer with the consequence that Customer is no longer bound by its declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after dispatch of the order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.
2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method is selected "IMMEDIATELY", the payment processing is done by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online bank account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the client's bank account will be debited. More information about the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.7 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the order volume exceeds the stated order volume. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction. The Seller further reserves the right to carry out a credit check when selecting the payment method Purchase on account and to reject this payment method in the event of a negative credit check.
4.8 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit Mandate has been issued, but not before expiry of the period for preliminary information. The direct debit shall be collected when the ordered goods leave the seller's warehouse, but not before expiry of the period for preliminary information. Pre-notification is any message (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the indication of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA Direct Debit payment method and to reject this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
8) Redeeming promotion vouchers
8.1 Vouchers which are issued free of charge by the seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the online shop of the seller and only within the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
8.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent invoicing is not possible.
8.4 Only one promotion voucher can be redeemed per order.
8.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the Promotion Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a Promotion Voucher will not be paid in cash or interest will not be paid on it.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller.
This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.