General terms and conditions and customer information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply for contracts that you conclude with us as the provider (smart-outdoor, owner Sabine Freiwang-Klug e.K.) via the website www.smart-outdoor.eu en. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the Sale of goods .

(2) By placing the respective product on our website, we are making you a binding offer to conclude a Contract via the online shopping cart system under the conditions specified in the item description. < br pro="" sans="" source="" style="font-family: " />
(3) The contract is concluded via the online shopping cart system as follows:
The goods you wish to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar. and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, SofortÃ¼berweisung) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the r website of the provider of the instant payment system or after you have been redirected to our online shop, the order data is displayed as an order overview.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
With the By submitting the order via the corresponding button ("buy" or similar name), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for a quote are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore do not accept any liability for errors.

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies: the following:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Before the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. If you do not properly meet your payment obligations, However, if you do not comply with the terms of your contract, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 5 Warranty

(1) The statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and Check for transport damage and report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public praise and statements by the manufacturer.

b)  In the event of defects, we will provide a warranty at our discretion by repair or replacement. If the defect cannot be remedied, you can, at your discretion, demand a reduction in price or withdraw from the contract. The defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- for damages attributable to us that are culpably caused by injury to life, body or health and for other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defects;
- for statutory recourse claims that you have in connection with defects lrights against us.

§ 6 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as this does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2)  The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU. or the domicile or habitual residence is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 7 Protection of minors

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Any existing age restrictions are indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the legally required minimum age and that the details you have provided regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally required minimum age receive the goods.

(3) Insofar as we are required by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.

(4) Insofar as we indicate in the respective item description that you must be 18 years of age to purchase the goods, in addition to the legally required minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally required minimum age Must be of legal age.

II. Customer information

1. Identity of the seller

smart-outdoor, owner Sabine Freiwang-Klug e.K.
DÃ¼rrbachstr. 16
91613 Marktbergel
Germany
Telephone: 09843-9366464
E-mail: info@smart-outdoor.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on "Conclusion of the contract" in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive your order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment methods

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

6.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (credit transfer or exchange rate fees), which you must bear.

6.4. Any costs incurred in transferring money (credit transfer or exchange rate fees) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found undera correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory liability for defects

The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 05.09.2024

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