General Terms and Conditions of Business of Sieper GmbH
Section 1 Area of applicability and definitions
(1) The following terms and conditions of business (hereafter: “T&Cs”) apply to all contracts concluded via our online shop at https://www.siku.de between us
Sieper GmbH
Schlittenbacher Str. 60
D-58511 Lüdenscheid
Tel.: 02351-876-0
Commercial Register: HR B 3985
District Court Iserlohn
and the applicable customer as a consumer.
(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (section 13 German Civil Code - Bundesgesetzbuch (BGB)).
(3) The version of the T&Cs applicable at the time of conclusion of the contract is determinative.
(4) Unless expressly agreed in writing by us, no deviating customer terms and conditions will apply.
Section 2 Formation of a contract, storage of the contractual text
(1) The presentation of products in our online shop does not represent a binding contractual offer on our part and is only a non-binding offer to the customer to order goods.
(2) By ordering the desired goods, the customer makes a binding offer to enter into a contract of sale.
(3) The customer makes a binding offer within the meaning of section 2 (2) by successfully completing the required order process in our online shop:
1. Selection of the desired product and quantity
2. Confirmation by clicking the “SHOPPING CART” button
3. Checking the details in the Shopping Cart
4. Clicking the button “PROCEED TO CHECKOUT”
5. Login to an existing customer account by entering the login information (email address and password)
or
Registration for a new customer account by entering the required information
or
Choosing the option to order as a guest by checking the box “do not create a customer account”.
6. Further check or correction of the applicable data entered and selection of payment method and shipping
7. Binding transmission of the order by clicking the button “BUY AND ORDER”
Prior to the binding transmission of the order, the customer can return to the Internet page on which the customer's details are recorded and correct input errors after checking his details by pressing the “Back” button in the Internet browser, or cancel the order process by closing the Internet browser. We confirm receipt of the order directly through an automatically generated email (“Order Confirmation”). This constitutes our acceptance of the customer’s offer.
(4) We store the contract text and send the customer the order information and our T&Cs by email together with the Order Confirmation. The T&Cs can also be accessed at any time at http://www.siku.de/rechtliches/agb/. Previous orders can be accessed in our customer area under “My Account” -> “My Orders”.
Section 3 Prices, shipping costs, payment
(1) The stated prices include statutory value added tax. Shipping costs are charged in addition. The price inclusive of value added tax and applicable shipping costs will be displayed separately in the order form, before the customer places the order.
(2) The customer can make payment by using Sofortüberweisung, PayPal, Amazon Pay, credit cards (Visa, Mastercard) or through secure invoice purchase.
Section 4 Delivery
(1) Unless otherwise expressly indicated in the product description, all products offered by us are available for immediate shipping. Delivery is within 5 working days from Order Confirmation within Germany, delivery abroad is within 7 working days. If the delivery period ends on a Saturday, the deadline will expire on the next working day.
(2) Risk of accidental loss or damage to the purchased item transfers to the customer upon handover of the item, even in the case of delivery by a third party.
Section 5 Retention of Title
We retain title in the goods until payment in full of the purchase price.
Section 6 Right of withdrawal by the customer as a consumer:
(1) Consumers have the right to withdraw, which we provide notification of by provision of the statutory form and the following withdrawal information. A template withdrawal form can be found in section 7.
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Right to withdraw
You have the right to withdraw from this contract within fourteen days without providing reasons.
The withdrawal deadline is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, has or have the goods in your possession.
In order to exercise your right to withdraw please inform us
Sieper GmbH
Schlittenbacher Str. 60
D-58511 Lüdenscheid
Tel.: 02351-876-166
Email info@siku.de
using a clear means of notification (e.g., by posted letter or email) of your decision to withdraw from this contract. You may use the attached template withdrawal form, however, that is not mandatory.
Sending us notification of the exercise of the right of withdrawal prior to expiry of the withdrawal deadline is sufficient to comply with the deadline.
Consequences of withdrawal
If you withdraw from this contract we must refund all payments which we have received from you, including delivery costs (with the exception of additional costs arising from your selection of a different delivery type to the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the date we receive notification of your withdrawal from the contract. We will make the refund using the same payment method used by you for the original transaction, unless otherwise expressly agreed with you, and no charges will be made to you for the refund.
We can refuse to provide a refund until we have received the returned goods, or until you have provided evidence that you have sent back the goods, whichever is the earlier.
You must return or send the goods back to use without delay and always within fourteen days from the date on which you notify us of your withdrawal from the contract. The deadline will be met if you send the goods prior to the expiry of the fourteen day deadline.
You must pay the direct costs for returning the goods.
End of Withdrawal Information
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(2) In the case of withdrawal, the customer must pay the direct costs of return of goods.
Section 7 Withdrawal form
We hereby notify you about the withdrawal form in accordance with the statutory requirements:
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Template withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back to us.)
To:
Sieper GmbH
Schlittenbacher Str. 60
D-58511 Lüdenscheid
Email info@siku.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*)/provision of the following services (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer
_____________________________________________________
Address of the consumer
_____________________________________________________
Signature of consumer (only for paper notification)
__________________
Date
__________________
(*) delete where not applicable.
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Section 8 Warranty
The statutory warranty requirements apply, in particular sections 434 et seqq. BGB.
Section 9 Liability
(1) All claims of the customer for damages are excluded. This does not apply to damages claims by the customer for injury to life, the body and health or arising from the breach of a material contractual obligation or liability for other loss arising from a wilful or grossly negligent breach of duty by us, our legal representatives or agents. Material contractual obligations are those which are necessary for achieving the purpose of the contract.
(2) In the event of a breach of a material contractual obligation, we are only liable for foreseeable loss typical for the type of contract, if this is caused by simple negligence, unless the customer’s damages claim arises from injury to life, the body and health.
(3) The limitations under paragraphs (1) and (2) also apply for the benefit of our legal representatives and agents, where claims are brought directly against them.
(4) The liability limitations under paragraphs (1) and (2) do not apply if we have wilfully concealed the defect or have provided a guarantee as to the quality of the item. This also applies where we and the customer have reached agreement concerning the quality of the item. The provision of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
Section 10 Copyright
We retain all copyright in the pictures and films which are published in our online shop. Any use of the pictures, films and text is not permitted without our express agreement.
Section 11 Language, applicable law, dispute resolution
(1) The language of the contract is exclusively German.
(2) The laws of the Federal Republic of Germany apply exclusively to contracts between us and the customer with exclusion of the UN Convention on the International Sale of Goods. The statutory provisions relating to restriction of choice of law and the applicability of mandatory provisions, in particular relating to the state in which the customer normally resides, remain unaffected.
(3) The EU Commission has created an internet platform for the online resolution of disputes. The platform is a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are not prepared or obliged to participate in dispute resolution proceedings.
Section 12 Customer services
Our customer services team are available for questions, complaints and claims from 8.00am to 4.00pm (Fridays until 2.00pm) at
Telephone: 02351 876-0
Fax: 02351-876-166
Email: info@siku.de
Version of T&Cs: December 2022