General Terms and Conditions for Purchases from the Online Shop at sly010.com
Section 1 General information / Scope of application
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is Bernd Schürmann GmbH & Co KG, Meinekestr. 12, D-10719 Berlin, email@example.com, Fax +49 (0) 30 2100 5741, Tel. +49 (0) 30 2100 5740 (hereinafter “Seller”).
1.3 Customers within the meaning of these Terms and Conditions may be both consumers as well as entrepreneurs (hereinafter “Customer”). A consumer in the sense of the Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction with the Seller, acts in exercise of his or its trade, business or profession.
Section 2 Conclusion of the contract
2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You then receive an order confirmation via e-mail.
2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking on the button [Add to shopping cart] you can place the item in the shopping cart. You can view the contents of the shopping basket at any time without obligation by clicking on the button [View shopping basket]. You can change or remove products from the shopping basket by clicking on the [change] and [delete] graphics. If you want to buy the products in the shopping cart, click on the [Continue to checkout] button on the “Shopping cart” page.
In the next part of the ordering process, you can set up a customer account with us for your first purchase and select the shipping and payment method. In the last step, you will receive an overview of your order data under “Your order” and be able to check all the details again and delete or change them using the [correct] function. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the purchase, you must accept our General Terms and Conditions and press the button [Order with obligation to pay]. This will send the order to us.
Section 3 Storage of the contract text
We store your order, the order data entered and the entire text of the contract. We will send you an order confirmation by e-mail with all order data and the complete text of the contract. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. Finally, if you create a customer account, you can access the orders you have placed at any time via this account.
Section 4 Right of cancellation for consumers
The following right of cancellation only applies to consumers engaged in distance selling:
Right to cancel
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must inform us (Bernd Schürmann GmbH & Co KG, Meinekestr. 12, D-10719 Berlin, firstname.lastname@example.org, Fax +49 (0) 30 2100 5741, Tel. +49 (0) 30 2100 5740) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form to do so, although this is not mandatory.
To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation deadline.
Consequences of cancellation
If you cancel the contract, we must refund all payments that we have received from you, including delivery costs (except for the extra costs resulting from your having chosen a different type of delivery from the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we receive notification that you are cancelling the contract. To make this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We can refuse to make the repayment until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier.
You must send the goods back or hand them over to us without undue delay or, in any case, no later than within fourteen days from the day on which you inform us that you are cancelling the contract. You are considered to have met the deadline if you send the goods back before the fourteen day period passes. You bear the direct costs of sending the goods back.
You must pay for any diminished value of the goods only if such a loss in value is due to the goods being handled in a way other than that necessary to check the quality, features and functioning of the goods.
Section 5 Sample cancellation form
(If you wish to cancel the contract, please fill in this form and return it to us.)
Bernd Schürmann GmbH & Co KG
Fax +49 (0) 30 2100 5741:
I/we (*) hereby cancel the contract I/we (*) have concluded for
the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
(*) Delete as appropriate.
Section 6 Price and shipping costs
All prices are inclusive of VAT plus shipping costs. We deliver with DPD or another provider of our choice.
Section 7 Delivery conditions
7.1 We deliver exclusively within Germany/ and to the Member States of the European Union and Switzerland.
7.2 Unless otherwise stated in the offer, for deliveries within Germany the goods will be delivered within 5 days. The delivery times for deliveries to other countries can be found here. In the case of payment in advance, the delivery period begins on the day after you have submitted the transfer form to your bank. For the other payment methods, the period begins with your order.
Section 8 Payment conditions
8.1 Payment can be made either in advance by bank transfer, by instant bank transfer (Sofortüberweisung), PayPal, Klarna or credit card (Mastercard, Maestro, American Express or VISA). We reserve the right to exclude individual payment methods.
8.2 If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within ten days.
8.3 When paying by credit card (Mastercard, Maestro, American Express or VISA), you provide us with your credit card details when placing your order. The credit card or the specified account will be debited immediately after the order and your authentication as the legitimate credit card holder.
8.4 When paying with Klarna Sofort, you will be redirected to the payment form of Sofort GmbH. Here you must select your bank, log in with your online banking data and authorise the process with a TAN. The amount will be debited immediately after you have placed your order.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm) to enable payment with debt-discharging effect to Klarna only.
Please note that we are still responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, cancellation declarations and deliveries or credit notes even if payment is made by instant transfer via Klarna.
8.5 For payment on invoice or in instalments via Klarna, Klarna will check your creditworthiness to determine whether payment on account can be offered to you. If payment by invoice is possible, you will receive an invoice from Klarna with payment instructions no later than five days after the order has been shipped or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been shipped within 21 days, please contact us first and then Klarna to pause the payment period.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm) to enable payment with debt-discharging effect to Klarna only.
Please note that even if you pay by invoice via Klarna, we are still responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, cancellations and returns or credit notes.
8.6 If you pay by PayPal, you will be redirected to the PayPal website directly from the order process.
8.7 For consumers, we reserve ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur exercising your commercial or self-employment work, a legal person under public law, or a special fund under public law, we reserve ownership of the purchased item until settlement of all outstanding claims from the business relationship with the buyer. The corresponding security rights are transferable to third parties.
Section 9 Warranty
9.1 If you are a consumer, the warranty is governed by the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods must be inspected by the Customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the Customer fails to give notification, the goods shall be considered to be approved, unless the fault is one that could not be detected during the inspection. If such a fault is discovered later, the notification must be made immediately upon its discovery; the goods shall otherwise be considered approved even in regard to this fault. Section 377 HGB (German Commercial Code) remains unaffected. The Customer is not released from his obligation to inspect the goods even in the event of recourse by the entrepreneur according to Section 478 BGB (German Civil Code). If in such cases he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved even in view of this defect.
9.2.2 Insofar as a defect exists, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the Customer. Subsequent performance shall be deemed to have failed in these contracts after the third unsuccessful attempt. This clause shall not apply in the event of recourse according to Section 478 BGB.
9.2.3 In the event of subsequent performance in the case of defects, we are only obliged to bear the expenses required for this, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the item has been taken to a place other than the registered office or the commercial establishment of the Customer to which the delivery was made. This clause shall not apply in the event of recourse according to Section 478 BGB.
9.2.4 The Customer’s claims for defects, including claims for damages, are subject to a limitation period of one year. This does not apply in the case of recourse according to Section 478 BGB or in the cases of Sections 438 (1) (2) BGB and Section 634a (1) (2) BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
Section 10 Liability for compensation and reimbursement of expenses
10.1 If you are a consumer, we shall be liable for damages in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages according to clauses 10.2 to 10.8:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
10.2.2 If we or our representatives or vicarious agents have through slight negligence breached an obligation, the fulfilment of which is a prerequisite for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the Customer regularly relies on, liability shall be limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise stipulated in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply insofar as recourse claims according to Section 478 BGB are asserted against us as suppliers.
10.3 The exclusions and limitations of liability under clause 10.2 shall also apply to other claims, in particular claims in tort or claims for the reimbursement of wasted expenses instead of performance.
10.4 The exclusions and limitations of liability under clause 10.2 shall not apply to any existing claims under Sections 1 and 4 of the German Product Liability Act or based on culpable injury to life, limb or health. They shall also not apply insofar as we have provided a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialised.
10.5 Unless the limitation of liability pursuant to clause 10.2 applies in the case of claims arising from producer’s liability under Section 823 BGB, our liability shall be limited to the insurance compensation. Insofar as this does not cover the amount, or does not cover it in full, we are obliged to accept liability up to the amount of the sum insured. This clause does not apply in the case of culpable injury to life, body or health.
10.6 If our liability is excluded or limited, this shall also apply for personal liability on the part of our employees, workers, staff, representatives and vicarious agents.
10.7 The above provisions do not entail a reversal of the burden of proof.
Section 11 Customer service
If you have any questions, complaints or claims, please contact us. You can reach us Monday to Friday between10 am and 4 pm on the telephone number +49 (0)30 2100 5740 or by e-mail to email@example.com.
Section 12 Place of performance, jurisdiction
12.1 German law shall apply under exclusion of United Nations Convention on Contracts for the International Sale of Goods.
12.2 In the case of Customers who conclude the contract for purposes that predominantly are outside his trade, business or profession (consumers), this choice of law shall not affect the mandatory provisions of the law of the country in which the Customer has his habitual residence.
12.3 For all disputes arising from the contractual relationship, if the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in Berlin.
Section 13 Other provisions
13.1 The language of the Contract is German.
13.2 The European Commission provides a platform for online dispute resolution (ODR). This can be accessed via the following internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before the consumer arbitration board.
13.2 If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. As far as provisions are invalid, the content of the contract shall be governed by applicable legal provisions.