§ 1 General provisions – scope
- These General Terms and Conditions of Business apply to all present and future business relationships between the Customer and saami crafts Doebele Gregor GbR (hereinafter “saami crafts”), Blumenstr. 21, 70182 Stuttgart, Germany.
- For these General Terms and Conditions of Business, a Consumer is any natural person with whom a business relationship is established, and to whom no commercial or self-employed professional activity can be ascribed.For these General Terms and Conditions of Business, an Entrepreneur is any natural person, legal person, or partnership, with whom a business relationship has been established within the scope of their commercial or self-employed professional activity.For these General Terms and Conditions of Business, a Customer can be either a Consumer or an Entrepreneur.
- Any other general terms and conditions which deviate from, contradict or supplement the present Terms and Conditions of Business shall not form part of the contractual relationship, even where saami crafts is made aware of their existence, unless saami crafts gives its express written agreement hereto.
§ 2 Conclusion of a contractual agreement
- All offers or tenders are without commitment on the part of saami crafts to conclude a contractual agreement. Any offers or tenders are subject to change, including, without limitation, technical modifications, changes to form, colour and/or weight, insofar as such changes are of a reasonable nature.
- By ordering goods, the Customer makes a firm commitment to purchase those goods.
saami crafts is entitled to accept the offer of a contractual relationship implicit in the order within a week of its receipt by saami crafts. Such acceptance can be given in writing or by delivery of the goods to the Customer.
- Should the Consumer order the goods by electronic means, we shall confirm receipt of such order without delay. However, confirmation of order receipt does not represent a commitment on the part of saami crafts to fulfil the order. However, confirmation of receipt can be combined with an express declaration of order acceptance.
- The conclusion of any contractual relationship is conditional on the timely delivery of the correct goods to saami crafts by our suppliers. This only applies in instances where failure to deliver the goods to the Customer is attributable to saami crafts, in particular, without limitation, where we have concluded a covering transaction with such supplier.
saami crafts will inform the Customer of the non-availability of goods without delay. Any payment made by the Customer shall be reimbursed without delay.
- Insofar as the Consumer has ordered the goods by electronic means, the contractual document will be stored by us, and provided to the Customer upon request by e-mail, together with the present General Terms and Conditions of Business.
§ 3 Retention of title
- In the case of contractual relationships with Consumers, we retain title to the goods until complete payment of the agreed purchase price. In the case of contractual relationships with Entrepreneurs, we retain title to the goods until complete payment of all outstanding amounts within the scope of any ongoing business relationship. The Customer is obliged to handle all goods with due care and attention.
- The Customer is obliged to inform us without delay of any access to the goods on the part of third parties, for example, without limitation, in the case of garnishment, and of any damage or destruction of the goods. The Customer is also obliged to inform us without delay of any change in ownership of the goods or of any change in the Customer’s place of residence.
- Should the Customer be in breach of contractual conditions, in particular, without limitation, due to payment arrears or a violation of a contractual duty in accordance with Subsections 3 and 4 of this present Section, saami crafts shall be entitled to withdraw from the contract, and demand return of goods.
- An Entrepreneur is entitled to resell the goods within the scope of a business transaction. In doing so, he hereby assigns all receivables to saami crafts in the amount of the invoice due from the third party as a result of resale. We hereby accept this assignment. Following such assignment, the Entrepreneur is hereby empowered to secure payment of the receivable amount on our behalf. However, we reserve the right to secure payment of the receivable amount ourselves, should the Entrepreneur fail to fulfil his payment obligations in due manner and time, or should he be in arrears with any payment.
- Any further processing of the goods through the Entrepreneur shall be on our behalf and in our name. Should any further processing be in conjunction with items that are not our property then we shall receive part ownership of the new goods, such part ownership corresponding to the value of the goods supplied by us in relation to the other items that are not our property. The same principle shall apply when goods are mixed, blended or combined with other items that do not belong to us.
§ 4 Right of cancellation
The English translation of the German right of cancellation is for information purposes only and is not legally binding.
Customers can indicate their intent to cancel a purchase agreement within 14 days, without stating any grounds. The 14-day cancellation period begins as soon as the customer is informed in writing of the cancellation policy. To cancel an order, customers must submit written notification (eg. by letter, fax or email) within the specified 14-day limit. This notification should be sent to:
saami crafts Doebele Gregor GbR
Blumenstr. 21, 70182 Stuttgart, Germany
Phone +49 711 7676575
Telefax +49 711 7676574
The right of cancellation does not apply to made-to-order goods that have been modified, customised or tailored to meet the customer’s wishes or individual requirements.
Consequences of cancellation
If all provisions and requirements for cancellation have been fulfilled, both parties are obligated to return to the other party any goods and monies they have already received. The customer shall pay compensation for any services already rendered before notice of cancellation was served provided that the customer’s attention was expressly drawn to these legal consequences before a purchase contract was concluded, and provided that the customer gave express consent that work on the order could begin before the 14-day cancellation period had expired. In cases where the customer is obligated to pay compensation, they may also be responsible for any contractually agreed payment obligations that were due in the period before notification of cancellation was served. The customer’s right of cancellation will prematurely expire if, at the express request of the customer, the terms of the purchase agreement are fulfilled in full before the 14-day cancellation period has ended. Reimbursement obligations must be fulfilled within 30 days. For the customer, this reimbursement period begins as soon as the notification of cancellation has been sent. For saami crafts, this reimbursement period begins as soon as the notification of cancellation has been received.
End of the cancellation instructions
§ 5 Price and payment
- The purchase price offered by saami crafts is binding. Where items are purchased for subsequent shipment to the Customer, then a fixed amount is charged for shipment in addition to the quoted purchase price; the Customer is notified of such shipment charge prior to the order.
- The Customer may pay the purchase price in advance, or by PayPal, following receipt of invoice.
- Where payment is to be made in advance, the Customer is obliged to pay the purchase price within three working days after the offer has been accepted. Where payment is to be by cash on delivery, the Customer undertakes to pay the purchase price upon delivery of the goods. Where payment is to be made following receipt of an invoice, the Customer undertakes to make payment within ten days of receiving the goods. Where the Customer fails to meet these deadlines, the Customer shall be deemed to be in payment arrears.Consumers shall pay interest on any amount for which they are in arrears of five percentage points above the basic interest rate. Entrepreneurs shall pay interest on any amount for which they are in arrears of eight percentage points above the base interest rate. Furthermore, in the case of Entrepreneurs in arrears, we reserve the right to bring claims for damages for a higher amount where we can demonstrate such damages are the result of the Entrepreneur being in arrears.
- The Customer may only offset any amounts payable to saami crafts against counterclaims due to the Customer where such counterclaim has been upheld by a court of law and can no longer be challenged, or where such counterclaim has been recognized by us. The Customer may only withhold payment on account of a counterclaim against saami crafts where such counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
- Where the purchaser is an Entrepreneur, the risk of accidental perishment or loss or of accidental degradation or devaluation, is transferred upon handover; in the case of goods ordered for shipment transfer is upon delivery to the shipping agent, the freight forwarder or to any other person or organization entrusted with shipment to the purchaser.
- If the purchaser is a Consumer, the risk of accidental perishment or loss, or accidental degradation or devaluation, is transferred to the purchaser upon handover of the item to the purchaser, including transactions where the item has been ordered for shipment.
- Where the purchaser has failed to take timely receipt of the goods, then this shall be deemed equivalent to handover.
§ 7 Warranty
- If the purchaser is an Entrepreneur, where the product is faulty, we will, in the first instance, fulfill our warranty obligations through rectification or replacement, at our discretion.
- If the purchaser is a Consumer, then the purchaser will, in the first instance, have the choice of rectification or of replacement. However, we shall be entitled to refuse the chosen fulfillment method if such choice would be associated with unreasonable costs and the alternative would not entail significant disadvantage for the Consumer.
- Should the attempt at rectification fail, then the Customer can choose either a reduction in price or may cancel the contract (withdraw from contract). However, where any violation of a contractual obligation is of a minor character, in particular, without limitation, where faults are of a minor nature, the Customer shall not be entitled to withdraw from the contract.
- Entrepreneurs must provide written notification of any obvious faults within two weeks of receipt of the goods; otherwise, they shall not be entitled to bring warranty claims. The date on which such notification was issued shall apply. The Entrepreneur must provide complete evidence for all claims, in particular for any product fault, of the time at which such fault was identified, and of the timely notification of such fault.Consumers must provide us with written notification of obvious faults within two months after identifying the non-compliant state of the goods. With regard to the two-month period, the date of receipt by saami crafts of notification shall apply. Should the Consumer fail to provide such notification, then all warranty rights shall expire two months after such product fault was identified. However, this shall not apply in the event of any fraudulent intent on the part of the vendor. The Consumer is obliged to provide evidence of the date of identification of the product fault. If the Consumer was persuaded to purchase the item on account of inaccurate statements on the part of the manufacturer, then the Consumer is obliged to provide evidence that this was the case. With regard to used items, the Consumer must provide evidence of the product fault.
- Should the Customer, on account of a legal failing or product fault, and following failure on the part of saami crafts to rectify the failing or fault, withdraw from the contract, then the Customer shall have no right to demand damages for such failing or fault.If the Customer chooses to seek compensation due to a failure on the part of saami crafts to rectify a fault or failing, the goods will remain with the Customer where this is a reasonable expectation. The claim for compensation shall be limited to the difference between the purchase price and the value of the faulty item. This shall not apply where non-compliance with contractual obligations was the result of malicious or fraudulent intent.
- For Entrepreneurs, the warranty shall be for one year following delivery of the goods. For Consumers, the warranty shall be for two years following delivery of the goods. In the case of used items, the warranty shall be limited to one year following delivery of the goods. This shall not apply when the Customer has failed to provide timely notification of the fault (see provisions under Subsection 4 of this present Section).
- If the Customer is an Entrepreneur, then the agreed product properties shall be those given in the product description of the manufacturer. Published information, declarations, advertising or any other information provided by the manufacturer in the public domain do not represent a contractual description of the product properties.
- We do not provide the Customer with any warranties as defined under law. Manufacturer’s warranties remain unaffected by the foregoing.
§ 8 Limited liability
- In the event of the infringement of contractual duties due to slight negligence, our liability shall be limited to the average damage that was foreseeable, typical of the contractual relationship, and of a direct nature, in accordance with the type of goods sold. The same shall apply to infringements of contractual obligations on the part of our legal representatives or agents.
With regard to Entrepreneurs, we shall not be liable in the event of violations of immaterial contractual obligations as a result of slight negligence.
- The limitations and liability given above do not affect the rights of the Customers under product liability legislation. Moreover, the limitations on liability do not apply to bodily harm, harm to health, or loss of life of the Customer attributable to us.
- The Customer shall only be entitled to bring claims for damages due to a product fault within one year after delivery of the goods. This shall not apply where we are responsible for gross negligence, or to bodily harm, harm to health, or loss of life of the Customer attributable to us.
§ 9 Other provisions
- The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
- If the Customer is a Kaufmann (businessman) under German law, a legal entity covered by public law, or a Federal Special Fund, then the sole legal venue for all and any disputes arising from this contractual relationship is our registered office. The same shall apply if the Customer has no general legal venue in Germany, or the place of residence or usual home address is not known at the time the legal action is initiated.
- Should individual provisions of this contract with the Customer, including, without limitation, these General Terms and Conditions of Business, become partially or entirely invalid, then this shall not affect the validity of other provisions. The invalid provision shall be replaced by one which corresponds as closely as possible in terms of economic success to the one that is invalid.
Last update: May 5th, 2017
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.