General Terms and Conditions (GTCs)
General Terms and Conditions (GTCs)
Overview of the General Terms and Conditions:
1. scope of application
2. contracting party, conclusion of contract
3. contract language, contract text storage
4. terms of delivery
5. payment
6. retention of title
7. transport damages
8. warranty and guarantees
9. liability
10. packaging
11. settlement of disputes
12. disclaimer, ebooks, downloads
13. final provisions
1. scope of application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
For individual services (e.g. instant downloads), product-related conditions deviating from these GTC (e.g. deviating periods of notice, deviating objection regulations) may be agreed. In the event of contradictions between these GTC and such product-related terms and conditions, the latter shall take precedence.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
These GTC shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with sanoform GmbH, Gerhard-Samuel-Str. 3, 53129 Bergisch Gladbach, Germany.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is German.
We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. The text of the contract is no longer accessible via the Internet.
You can also view the GTC at any time on our homepage at "sanoform.de". You can view your past orders in your "sanoform" customer login, provided you have set up a customer account.
4. delivery conditions
Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.
For deliveries to non-EU countries, additional customs duties, taxes and fees will be charged.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
The customer is responsible for providing the complete and correct delivery address.
5. payment
In our shop, the following payment methods are generally available. Outside Germany, the payment methods are offered depending on the country of delivery:
PayPal, PayPal Express.
During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
You can pay via PayPal by direct debit, credit card or invoice.
6. reservation of proprietary rights
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
7. transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
9. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Packaging
Our packaging is certified with the Dual System via Reclay Systems GmbH, Austr. 34, 35745 Herborn, in accordance with § 6 para. 3 VerpackV.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
You are also welcome to contact us directly at info@sanoform.de ,in order to process your request.
12. disclaimer
Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature, caused by the use or disuse of the information provided or by the use of incorrect and incomplete information are excluded, unless the author is a deliberately intentional or grossly negligent is present.
All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
References and links
For direct or indirect references to external websites ("links"), which lie outside the area of responsibility of the author, a liability obligation would come into force only in the case in which the author has knowledge of the contents and it would be technically possible and reasonable to prevent the use in case of illegal content.
The author hereby expressly declares that at the time of linking the respective linked pages were free from illegal content. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked / linked sides, which were changed after the link setting. This statement applies to all links and references within the own internet offer as well as to foreign entries in guest books, discussion forums and mailing lists. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or disuse of such information, the provider of the page to which reference was made, not the one who only links to the respective publication.
Copyright and Trademark Law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to draw the conclusion that trademarks are not protected by rights of third parties! The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet offer from which this page was referenced. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Use of e-books and instant downloads of books
1. The purchase of e-books and books in immediate download takes place with the conclusion of the contract in accordance with section 2. After the download, the customer can use an e-book or a book in immediate download for an unlimited period.
2. sanoform GmbH grants the customer a simple, non-transferable right to use the e-books and books in the immediate download in the context of his private activity for his own use. The right of use is unlimited with the proviso that the customer may permanently store and retrieve the content on up to five end devices.
3. It is a single expression only for private use is allowed. A total or partial duplication, copy, alteration or subcontracting to third parties is not permitted. An exception applies to making a copy of the file for backup purposes.
4. sanoform GmbH grants you (Download customer) a license for the Ebook. You have the right to load this ebook on a computer (with a CPU or on a multiprocessor computer). The intellectual property or other property rights to the book remain with sanoform GmbH. You acknowledge the intellectual property of the book, files and backup copies on the part of the licensor. The responsibility for the contractual use of the license file / ebook lies with the purchaser of the programs.
5. The licensed ebook may in no case be used by you for profit or otherwise made available to third parties for a fee on a temporary basis. This also applies to the sale or rental of the Ebook on a computer or other storage medium or device sold or made available to third parties for remuneration.
6. The transfer of rights and obligations under this license agreement to third parties is only possible with the consent of sanoform GmbH. A distribution of this ebook is not allowed.
7. In accordance with §§ 69 d, e UrhG, you may not make any changes to the ebook or have them carried out by third parties. Likewise, you must not break the Ebook into building blocks, do not copy them, or use them in any way other than as provided in this license term.
8. Should one or more of the provisions of these license terms be or become ineffective, this will not affect the validity of the remainder. Instead of the invalid provision, a substitute provision comes as close as possible to the intended purpose. The place of performance is Bonn. The law of the Federal Republic of Germany.
13. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.