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Conditions of Use
General Sales Terms and Delivery Conditions
§ 1 Scope of Contract, Definitions
(1) For the business relation between the web-shop provider (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer") solely the General Sales Terms and Delivery Conditions stated in the following apply in the version valid at the time of ordering. Any contrary or deviant conditions of the customer will not be accepted, unless the provider explicitly agrees to these conditions in writing. The provider's conditions are also valid if delivery is carried out in awareness of the customer's contrary or deviant conditions.
(2) The web offer http://www.sunax.de is exclusively aimed at business people and natural persons of 18 years or older.
(3) The customer is seen as a consumer, provided that the purpose of the ordered deliveries and services can not be attributed to his commercial or independent profession. In contrast, any natural or juridical person or private company capable of holding rights acting in exertion of their commercial or independent profession at the closing of contract is seen as a contractor.
§ 2 Conclusion of Contract
(1) If the customer orders his goods online, he must register with the provider prior to making his order. Here the customer must state the information necessary to implement the contract. The customer is obligated to state all information accurately and completely.
(2) Once the customer has made his choice of items from the provider's range of product offers and placed them in the shopping cart using either the "buy now" or "place in cart" button, he may begin ordering by clicking the "checkout" button. At the end of the order transaction, the customer confirms his binding purchase offer for the items inside the shopping cart (order) by clicking the "order" button. The customer may view and change his order details at any time prior to confirming the order. However, the customer's offer can only be placed and transmitted provided that he has previously checked and thus accepted and included these General Sales Terms and Delivery Conditions in his offer.
(3) Following this, the provider will e-mail an order confirmation to the customer, in which the customer's order is re-stated (order confirmation) and which the customer is able to save and print. At the same time, the order confirmation acts as the provider's declaration of acceptance, meaning that the sale contract is confirmed by the customer upon receipt of the order confirmation.
(4) If the customer makes an order via fax or letter, he will receive an order confirmation either by mail, fax or e-mail. In this case the sales contract is also confirmed upon receipt of the order confirmation.
§ 3 Delivery and Stock Availability of Products
(1) The provider will dispatch the ordered products within three (3) working days after receipt of payment, or, in the case of cash on delivery, after sending the order confirmation, unless a varying delivery period was previously stated on the item description. The delivery is made to the address stated by the customer.
(2) Should the customer's chosen product be out of stock at the time of ordering, the provider will immediately inform the customer.
(3) The provider will also immediately inform the customer if the customer's chosen product is only temporarily out of stock. If there is a delay in delivery of more than two weeks after the order has been confirmed by the provider, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to step back from the contract. Also, the provider will immediately refund any payments the customer has already made at this point.
§ 4 Prices and Shipping Expenses
(1) All prices quoted on the provider's website are inclusive of the applicable statutory value added tax (VAT). Only in the case that a company from a country not belonging to the EU is registered through its VAT identification number, all prices will be indicated without statutory VAT.
(2) The according delivery charges will be paid by SUNAX GmbH.
(3) Shipments are made through Deutsche Post, DPD, UPS, GLS, DHL, Hermes or, for larger orders, through freight companies. If the customer has stated an incorrect delivery address or is not present to accept the delivery, the provider will invoice the customer for any additional incurring delivery charges for a second delivery.
§ 5 Arrangement of Payments
(1) The customer may pay in advance, via cash on delivery, credit card or via PayPal.
(2) Payment is immediately due once the customer has received the order confirmation, i. e. with conclusion of contract.
§ 6 Title Retention
Until full payment has been made, the items to be delivered remain property of the provider.
§ 8 Liability
(1) The customer is exempt from claims to damages except those arising out of the injury of life, body or health, or breaches of essential contractual obligations (cardinal obligations), as well as liability for other damages due to the provider's, his legal representatives' or assistant's deliberate or grossly negligent breach of duty. Contractual obligations are those that must be carried out in order to fulfill the contractual requirements.
(2) In the case of a breach of essential contractual obligations, the provider is liable only for predictable damages typical for the contract if these have been caused due to negligence, unless the customer is claiming damages due to an injury of life, body or health.
(3) The restrictions of paragraphs 1 and 2 apply also in favour of the provider's legal representatives and assistants in the case that any claims are made directly against them.
(4) Regulations of the Product Liability Act remain unaffected.
§ 9 Cargo Insurance
The provider will insure the goods against damages or (partial) losses that might occur during transport with the respective forwarding company. In order to not endanger insurance coverage for goods forwarded by DHL, the customer must note the following: if the customer finds the goods to be damaged after receipt, he is obligated to inform the provider of this in writing within five (5) days and to present and have the damaged goods recorded in a branch of the German Post or Postbank within seven (7) days.
§ 10 Pallet Exchange, Value Replacement
If the delivery contains package items, especially europallets, these are to be exchanged for the same amount of undamaged comparable empty pallets and according to size, type and condition; otherwise, the provider has the right to charge a lump sum value replacement of 10,00 € per pallet. Furthermore, the provider has the right to refuse pallet exchanges if these deviate in quality and has the right to charge a lump sum value replacement of € 10,00, depending on the pallet.
§ 11 Withdrawal Instructions
Consumer Right of Withdrawal
You may revoke your contractual statement without giving reasons within one month in written form (e. g. via letter, fax, e-mail), or by returning the goods. The revocation period commences on receipt of this instruction in written form, but not before receipt and also not before fulfillment of our duty to inform according to § 312c para. 2 BGB in relation to § 1 para. 1, 2 and 4 BGB-InfoV, as well as our obligations according to § 312e para. 1 BGB in relation to § 3 BGB-InfoV. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance to the revocation period. The notice of withdrawal is to be addressed to:
SUNAX GmbH.
Brassertweg 14
D-38228 Salzgitter
Deutschland / Germany
Consequences of Withdrawal
In the case of an effective withdrawal, all payments received on both sides are to be refunded and, if applicable, any profits made thereof must be handed over. If you are unable to return the received goods entirely or only partially, or in declined condition, you must pay compensation. This does not apply if the decline in condition of the goods can be traced back to inspection as it would have been possible for you to do in a retail store. Incidentally, you can avoid the obligation for value replacement by not making use of the goods as an owner and by avoiding any actions that may affect the value of the goods.
You must bear the costs of return shipping if the delivered goods are equivalent to the order and if the price of the returnable goods does not exceed a value of € 40,00, or if you have not yet made the payment or contractually agreed partial payment in the case of a higher goods price at the time of revocation. Otherwise, you will not be charged for return shipment costs.
Termination of Withdrawal Instructions
§ 12 Details of Data Processing
(1) The provider will collect data from the customer within the frame of contract. Thereby, the provider will oblige to the regulations of the German Data Protection Act and Teleservice Data Protection Act. Without the customer's approval, the provider will only collect, process or use the customer's inventory and usage data as far as this is necessary to implement the contractual agreement and to lay claims to and for the invoicing of teleservices.
(2) Without the customer's approval, the provider will not use the customer's data for advertising, market research or opinion research purposes.
(3) The registered customer always has the possibility to access, change or delete the information he has saved via the "My Account" button. For further information regarding customer approval and the collection, processing and usage of data, please refer to the privacy policy, which can be accessed at any time on the provider's website via the "Privacy and Data Protection" button, in printable form.
§ 13 Final Provisions
(1) Based on the contractual relationship between the provider and the customer, including these General terms of Sale and delivery conditions, the German Law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Provided that the customer is a businessman, a body corporate organised under public law or a special fund under public law, court of jurisdiction for settlement of all disputes resulting out of the contractual relationship between the customer and the provider shall be the provider's office.
(3) Should one or several regulations in these General terms of Sale and Delivery Conditions be invalid, void by law, or incomplete, the remaining regulations shall not be affected by this.
These terms and conditions do not affect your legal rights.
State 01.07.2008
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