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TERMS

Terms and Conditions of Sarcofan KG

General Terms and Conditions

Current as of: 1 October 2012

Sarcofan KG
Sterzinger Straße 6
90592 Schwarzenbruck
Germany


Table of Contents:

§ 1 Scope of the Contract
§ 2 Contracting Party, Formation of a Contract and Language
§ 3 Product Costs
§ 4 Shipping and Shipping Costs
§ 5 Methods of Payment / Payment Date
§ 6 Terms of Delivery / Supply Availability
§ 7 Power of Revocation
§ 8 Retention of Title
§ 9 Warranty / Claim and Damages in Transit
§ 10 Liability
§ 11 Data Protection
§ 12 Saving and Archiving the Terms and Conditions
§ 13 Applicable Law, Right to Modify the Terms and Conditions and Place of Jurisdiction
§ 14 Severability Clause

 

§ 1 Scope of the Contract

a) All deliveries and services that Sarcofan KG offers to its customers are subject to the provisions contained within the following Terms and Conditions in its most current form as of the date of the order.

b) We do not acknowledge any customer’s purchase conditions that conflict with or deviate from our Terms and Conditions, even if we process the order without dissenting to deviating conditions known to us. Any arrangements not contained within these Terms and Conditions will only be effectual when explicitly agreed upon in writing by a representative of the Sarcofan KG management (director, general manager or trade representative) and the respective customer. Further communication data and information concerning the legal representation of Sarcofan KG may be taken from our declared legal notice.

c) All product images are exemplary images and might deviate from the delivered products. Furthermore, all product names and logos are the property of the manufacturer and may not be used without permission.


§ 2 Contracting Party, Formation of a Contract and Language

a) The Contracting Party for the customer is Sarcofan KG, Sterzinger Straße 6, 90592 Schwarzenbruck, Germany. Sarcofan KG enters into contracts exclusively with natural or legal persons whose country of residence is the Federal Republic of Germany and who have legal ability to contract. Orders from foreign countries will be accepted only on enquiry and with payment in advance.

b) A customer’s order by facsimile or email is equivalent to a request for a quote from Sarcofan KG. Sarcofan KG prepares a practicable contractual quote according to the customer’s enquiry. The contract becomes binding when the customer signs the contractual quote and returns it to Sarcofan KG by facsimile or email.

After receiving this notice of acceptance, Sarcofan KG sends an order confirmation and an invoice to the customer. The merchandise will be delivered only after the entire amount mentioned in the invoice has been received by Sarcofan KG.

c) In cases of transmission or typographical errors or misprints in the order confirmation or other legally binding declarations, Sarcofan KG will be authorised to contest these due to error. In such cases, Sarcofan KG has the burden of proof and obliges itself immediately to refund any payments already received.

d) All relevant communications with regard to the conclusion of a contract and any other related declarations and consultations will be done exclusively in the German language.

 

§ 3 Product Costs

Sarcofan KG will notify the customer by telephone, facsimile or email concerning the Product Costs before the actual order is made. These quotes are for an individually compiled model in accordance with the customer’s enquiry. Sarcofan KG’s current price list is binding. The prices include the currently valid VAT. Shipping Costs will be charged separately (see the following § 4).

 

§ 4 Shipping and Shipping Costs

a) Shipping Costs may vary due to the quantity of items, the shipping destination and the actual services provided by the shipping company that Sarcofan KG commissions (see § 4b).

b) Shipping is free kerbstone. Other services which the shipping company provides (delivery to the customer’s rooms, assistance in unpacking the merchandise, etc.) will be separately itemised on the invoice.

c) The merchandise is shipped in a neutral packaging which is to be opened according to the instructions on the packaging.


§ 5 Methods of Payment / Payment Date

a) Payments are to be made as payments in advance (prepayment).

Prepayment: The amount for payment is to be transferred in advance to the Sarcofan KG account mentioned in the order confirmation. Since the merchandise is reserved for the individual customer from the time of the order until the payment of the invoice, Sarcofan KG reserves the right to withdraw from the contract if the customer fails to transfer the amount of the invoice within 10 days of the payment deadline stated on the demand note.

b) The due payment amount is to be paid in full to Sarcofan KG. This applies to all forms of payment. Sarcofan KG does not accept a deduction of fees of any kind, for instance, transaction fees imposed by banks.

c) Unauthorised curtailments of the invoice amount made by the customer without previous consultation with Sarcofan KG and confirmation through credit voucher are invalid and will be recalled. In no case will a discount be granted.


§ 6 Terms of Delivery / Supply Availability

a) Sarcofan KG will do its best to deliver the ordered merchandise within four weeks of completion of payment according to § 5. Since each case involves merchandise, which is made to individual customer specifications, statements concerning the estimated time of delivery are not binding.

b) Furthermore, we cannot count out a reasonable delay in delivery due to acts of God, strike measures or other circumstances outside of the control of Sarcofan KG, which could directly or indirectly influence the delivery. The customer will be informed immediately of any delivery delays. Sarcofan KG reserves the right in case of non-availability to offer the customer other merchandise of equal price and quality. The customer has the right to decline the offer. In case of a declination of the offer for replacement merchandise, any payments already made will be refunded immediately.

c) Sarcofan KG reserves the right to make partial deliveries as long as this may be reasonably imposed on the customer.


§ 7 Right of Revocation

a) Right of Revocation

(1) The law allows for cases in which the customer has no Right of Revocation (§ 312d Paragraph 4 BGB / German Civil Code): The Right of Revocation does not apply for distance selling contracts with regard to the delivery of goods, which are produced according to customer specifications or clearly tailored to the customer’s personal requirements or which are unsuitable for a return due to their composition. This is regularly the case with merchandise offered by Sarcofan KG, since most of the merchandise is produced according to customer specifications. When on rare occasions this is not the case and the customer is entitled to the Right of Revocation, the following stipulations are valid:

(2) The following paragraphs contain the information needed by the customer about the prerequisites for and consequences of the Right of Revocation with regard to distance selling contracts. This excludes any contractual concession of rights above and beyond what the law provides. Specifically, commercial resellers are not given the Right of Revocation.

Customers have the following Right of Revocation

Right of Revocation Instructions

Right of Revocation
The customer may declare the revocation of his contractual statement in text form (e.g. letter, facsimile, email) or, in case of the merchandise being received within the revocation period, by returning the merchandise within a period of 14 days. The revocation does not have to contain any reasons. The revocation period begins with the receipt of these instructions in text form, but not before the merchandise is received by the customer (in case of repeated delivery of similar merchandise, not before the first partial delivery is received by the customer), and not before we have fulfilled our duty to furnish information in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB (Introductory Law to the Civil Code) as well as our duties in accordance with § 312g Paragraph 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB (Introductory Law to the Civil Code). Compliance with the deadline requires only that the declaration of revocation or the merchandise be sent by this deadline.

The revocation is to be addressed to:
Sarcofan KG
Sterzinger Straße 6
90592 Schwarzenbruck

Fax: 09128 / 9233524
Email: info@sarcofan.de


Return of Merchandise

In case of revocation, the merchandise will be picked up by a shipping agent designated by Sarcofan KG in order to avoid damages.

Consequences of revocation
In the case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be refunded. If the customer is unable or partially unable to return the merchandise as well as benefits from usage to Sarcofan KG or can only return or release it in a deteriorated condition, then he is obliged to pay compensation for the loss or deterioration. In the case of deterioration or benefits from usage, the compensation is only required if the deterioration was caused by the handling of the merchandise extending above and beyond the examination of its features and functionality. “Examination of its features and functionality” means evaluating and testing the particular merchandise as would be possible and usual for merchandise found in a retail store. Things that can be shipped by parcel are to be returned at the risk of Sarcofan KG. The customer is obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if, when the price is higher, the customer has by the date of the revocation not yet rendered compensation or made a partial payment. Otherwise, the return of the merchandise is exempt from charges for the customer. Things that cannot be shipped by parcel will be picked up from the customer’s address. All reimbursement obligations must be fulfilled within 30 days. The term begins for the customer with the return of the revocation declaration or the merchandise. For Sarcofan KG, it begins with the receipt of the revocation declaration.

End of revocation instructions

Special Notes
If the customer finances this contract by a loan and revokes it later, he is no longer bound to the loan agreement, assuming both contracts form an economic unit. This is especially likely if the Sarcofan KG is simultaneously the customer’s lender or if the lender requires Sarcofan KG’s assistance regarding the financing. If the loan has already been paid out at the time of the customer’s revocation or return of merchandise, the lender shall assume the rights and obligations of the financed contract with Sarcofan KG in relation to the customer under the financed agreement in respect of the legal consequences of the revocation or return of merchandise. The latter does not apply if the present contract involves the purchase of financial instruments (e.g. securities, foreign exchange or derivatives). For the customer to avoid a contractual obligation as far as possible, he should exercise his right of revocation and also revoke the loan agreement, even if he is entitled to this right of revocation.

End of revocation policy

(3) Sarcofan KG makes use of the option to require the customer to pay the costs of returning the merchandise as follows:

a) The customer is obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if, when the price is higher, the customer has by the date of the revocation not yet rendered compensation or made a partial payment.

b) Repayment shall always be made to the account the customer used for his payment, unless Sarcofan KG was informed by the customer of an alternative bank account.


§ 8 Retention of Title

a) Sarcofan KG retains the title of ownership of the ordered merchandise until the purchase price has been paid in full.

b) The customer is not entitled to resell, transfer by way of security, rent out or otherwise dispose of the merchandise prior to the finalisation of the suitability transfer.


§ 9 Warranty / Claim and Transport Damage

a) The customer is requested to report immediately to Sarcofan KG any damages to the merchandise, including obvious material or production damages as well as transport damages. Please refer to the information under “Contact” on the shop homepage www.sarcofan.de. Sarcofan KG will examine the claim as quickly as possible and contact the customer. It should be pointed out that the processing of a claim is only possible with the support of the customer, insofar the customer may be reasonably expected to cooperate considering his best knowledge and the possibilities of the contractual relationship. In this context, the support is extremely helpful in detecting and containing the claimed damages and expediting a smooth and speedy handling of the claim. Since normally the manufacturer is consulted in such cases, Sarcofan KG requests reasonable patience from the customer. Therefore, a request may be made.

b) The right of warranty is not granted in cases of improper handling or handling contrary to the contract with regard to operating, storing, unpacking, connecting or setting up of the merchandise. The appraisement will be done in accordance with Sarcofan KG’s specifications. If it is found that the defect or damage to the merchandise reported by the customer is not due to a material defect, which would result in a guarantee or warranty entitlement, the customer is then required to assume the full mandatory costs (for cost estimation, repair and similar costs) which apply in this situation and to reimburse them to Sarcofan KG.

c) In case of a defect in the merchandise caused by Sarcofan KG, the customer may demand repair or replacement of the merchandise according to legal specifications.


§ 10 Limitation of Liability

(1) Unless otherwise stated in these Terms and Conditions and the subsequent provisions, Sarcofan KG will be liable for any infringement of contractual and non-contractual obligations according to the relevant legal provisions.

(2) Sarcofan KG shall be liable for damages caused by intent or gross negligence, regardless of the legal reason. In the case of simple negligence, Sarcofan KG shall be liable only

a) for damages resulting from the destruction of life, personal injury or health damages, or when the customer is entitled to claims in accordance with the German Product Liability Act.

b) for damages caused through a breach of material contractual obligations (obligations, the proper fulfilment of which allows the completion of the contract in the first place, and on the fulfilment of which the customer regularly relies and may rely); however, in this case, the liability is limited to the reimbursement of foreseeable, typically occurring damages; specifically, Sarcofan KG is not liable for lost profits or other financial damages.

(3) The Limitation of Liability mentioned in Paragraph 2 above are invalid, if Sarcofan KG maliciously conceals a defect or grants a guarantee for the workmanship of the merchandise. The same pertains to claims made by the customer in accordance with the German Product Liability Act.

(4) Where the liability of Sarcofan KG is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.

(5) The customer may withdraw from or cancel the contract only if Sarcofan KG is responsible for a breach not constituted by a defect in the merchandise. A free right of cancellation by the customer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences shall apply.


§ 11 Data Protection

a) Sarcofan KG treats its customer’s and user’s personal information confidentially and provides it to third parties only in accordance with data privacy laws or the customer’s consent.

b) Sarcofan KG points out that it processes its customer’s personal information electronically. The information is used exclusively for executing the contract unless otherwise agreed upon. By placing the order, the customer thereby agrees to allow Sarcofan KG to save and archive the submitted information and to process it for purposes of rendering of services as well as invoicing and as applicable to provide it to commissioned service partners.

c) Upon cancellation of the contract, the customer’s personal information will be deleted when the cancellation is effective unless the retention of information is allowed by law or separately agreed upon.

d) The customer may dissent to the processing and use of personal information for advertising, marketing or research purposes using the following address:

Sarcofan KG
Sterzinger Straße 6
90592 Schwarzenbruck
Fax: 09128 / 9233524
Email: info@sarcofan.de

 

§ 12 Applicable Law, Right to Modify the Terms and Conditions and Place of Jurisdiction

a) German law shall apply to the exclusion of the UN's Law on the Sale of Goods.

b) Sarcofan KG reserves the right to change the offer and/or these Terms and Conditions at anytime.

c) The place of jurisdiction for all legal proceedings is Schwarzenbruck.


§ 13 Saving and Archiving the Terms and Conditions

Customers are able to archive the Terms and Conditions and print them from a PDF file. For this purpose, a programme such as Adobe Reader is needed, which can be downloaded without charge from www.adobe.com.

 

§ 14 Severability Clause

If any provision or provisions of these Terms and Conditions shall be held to be invalid, the validity of the remainder of the contract shall not be impaired thereby. In place of the invalid provision the statutory regulations take hold. This also applies in case the Terms and Conditions contain an non-foreseeable gap.