§ 1 Scope of Application
(1) These General Terms and Conditions shall apply to all deliveries and services carried out by Schutznetze24 GmbH, Weyerberg 5, 35614 Aßlar-Berghausen, Germany ‐ hereinafter called “Schutznetze24 GmbH” or “we”. Any terms of the customer which conflict with or deviate from the General Terms and Conditions of Sale shall have no validity, unless Schutznetze24 GmbH has approved their validity, expressly and in writing.
(2) These Terms of Sale shall also apply to all future transactions with the customer. Should the entrepreneur use additional or conflicting Terms & Conditions, we herewith contratict these Terms & Conditions explicitly. They only get an integral part of the contract if Schutznetze24 GmbH agreed to them explicitly.
§ 2 Conclusion of Contract and Product Range
(1) Contracts shall be concluded exclusively with Schutznetze24 GmbH, Weyerberg 5 in 35614 Aßlar-Berghausen, Germany.
(2) By placing the products in the Online Shop, we are making a binding offer concerning these articles at the time of concluding the contract. Placing products in the shopping cart is non-binding for the customer. The order information can be modified or corrected at any time before the purchase. The contract comes into existence as soon as you accept the offer regarding the products in the shopping cart through clicking the “Buy” button. Immediately after placing your order you will in turn receive a confirmation by e-mail.
(3) The precondition for effectively concluding the contract is always that the ordering process must be completed by sending off the order.
§ 3 Language of the Contract and Saving the Text of the Contract
(1) The available languages for the conclusion of contract are German and English.
(2) We shall save the contract text and send you the order data and the right of revocation by e-mail. You can view and download the General Terms and Conditions here on this page at any time. You can view your past orders in our customer account function.
§ 4 Terms of Delivery
(1) Shipping costs are charged additionally to product prices. Further information to shipping charges can be found included in the offers.
(2) We only deliver by shipping. A pickup of the order is not possible.
§ 5 Prices
Prices ‐ unless otherwise indicated ‐ include the statutory VAT and exclude shipping costs.
§ 6 Payment
The following payment methods are available for purchasing in th online shop:
You pay the amount invoiced via the online service provider Paypal. You must basically either already be registered or register with Paypal, gain authorisation with your login details and confirm your authorisation of payment to us (exception: guest access, if required). You will receive further instructions in the course of the ordering process.
At the end of the ordering process you will be asked to enter your credit card data in order to enable authorisation. Your credit card will be charged following the submission of your order.
Sofortüberweisung is an instant bank transfer. While placing an order with Sofortüberweisung, you will be redirected to the payment page of Sofortüberweisung. After authorisation we will directly receive the credit memo. For this option you only need your account number, bank code, PIN and TAN. Your bank account will be charged instantly.
After submitting your order you will be routed to the website of your bank. If you have an activated bank account for Giropay, you can authorize the payment by the PIN/TAN method.
You will receive our bank details with the confirmation mail after concluding the ordering process. The product will be sent or commissioned by us immediately following receipt of payment.
§ 6 Retention of Title
The goods shall remain our property until full payment has been made. In addition, the following applies to traders/companies: we shall retain ownership of the goods until all payment claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the course of your regular business operations; you shall assign to us, in advance, all claims for payment arising from the said resale ‐ irrespective of whether the goods subject to retention of title have been combined, bonded to or mixed with a new object ‐ to the amount of the invoice amount, and we shall accept this assignation. You shall remain authorised to collect the claims for payment; however, we shall be entitled to collect claims ourselves if you fail to fulfil your payment obligations to us.
§ 7 Delivery and Damages in Transit
The customer is asked to immediately notify the deliverer (haulier/postal staff) of any outwardly visible damage which has occurred in transit and ask them to provide a receipt. However, failure to actively file such a complaint will not affect the right of the customer to assert legal claims. However you would help us to assert our claims against the freight carrier or the cargo insurance.
§ 8 Warranty and Guarantees
Unless otherwise expressly agreed hereinafter, statutory warranty law regarding defects shall apply. For consumers, the statutory limitation period for claims for defects in the case of used articles is one year from the date of delivery of the goods. For traders/companies, the statutory limitation period for asserting claims for defects is one year from the date of passing of risk; the statutory limitation periods for the right of recourse shall remain unaffected, in accordance with Section 478 of the German Civil Code (BGB).
With regard to traders/companies, only our own information and the product descriptions of the manufacturer which have been included in the contract shall be valid as an agreement concerning the quality of the goods; we assume no liability for public statements of the manufacturer or any other advertising messages. If the delivered object is defective, we shall first provide warranty to traders/companies by eliminating the defect (rectification of defect) or by delivering an article that is free of defects (replacement delivery), at our discretion. The above restrictions and shortened time-limits do not apply to claims arising from damages caused by us, our legal representatives or vicarious agents
You can find information on any applicable additional guarantees and their precise conditions together with the product concerned and on special information pages in the online shop.
§ 9 Liability
We always assume unlimited liability for claims arising from damages caused by us, our legal representatives or vicarious agents
In the case of the breach of any essential contractual obligations, the fulfilment of which is indispensable for the proper execution of the contract and upon whose fulfilment the contractual partner can regularly rely (cardinal obligations), caused by slight negligence on the part of ourselves, our legal representatives or our vicarious agents, our liability shall be limited in amount to such damages as were foreseeable at the time of concluding the contract and which can typically be anticipated in such a case. For the rest, all other claims for compensation are hereby excluded.
§ 10 Settlement of Disputes
The European Commission provides a platform for Online Dispute Resolution (ODR), which can be found here: http://ec.europa.eu/consumers/odr/. We are ready to participate in out-of-court conciliatory proceedings before a consumer conciliation board. The General Consumer Conciliation Body of the Centre for Conciliation (Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.), Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de shall be the competent authority in the event of conciliatory proceedings.
§ 11 Right of Revocation
Should the customer be an entrepreneur (Section 14 of the German Civil Code (BGB)), they have no right of revocation nor right of return, in accordance with Section 312g of the German Civil Code (BGB) in conjunction with Section 355 of the German Civil Code (BGB). The right of revocation only applies to end consumers as defined by Section 13 of the German Civil Code (BGB) (a consumer is any natural person who completes a transaction for purposes which cannot be predominantly classified as being for the purpose of a commercial or self-employed professional occupation).
Terms and Conditions of Revocation
Right of Revocationou are entitled to revoke this contract within fourteen days without giving reasons. Custom-made items are excluded from the right of revocation. Custom-made items are products which are not pre-assembled and in whose manufacture and/or design the individual choice or decisions of the consumer play a decisive role, or which have been specially tailor-made to meet the personal requirements of the consumer. The revocation period is fourteen days from the date on which you, or a third party designated by you who is not the carrier, take/s possession of the products.
To exercise your right of revocation, you must inform us of your decision to revoke this contract (Schutznetze24 GmbH, Weyerberg 5, D-35614 Asslar-Berghausen, Germany, email@example.com, Tel.: +49 (0) 6443 - 436 96 40, Fax: +49 (0) 6443 - 436 96 70) by means of a clearly formulated written declaration (e.g. a letter sent by post, telefax or e-mail). You can use the attached sample revocation form for this purpose, though this is not compulsory. You can download and print out the sample revocation form at https://safetynet365.com/media/content/en-safetynet365-revocation-form.pdf.
In order to adhere to the revocation deadline, it suffices to send us notification, prior to the date of expiry of the revocation period, that you are exercising your right of revocation.
Consequences of Revocation
If you revoke this contract, we shall refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that arise if you choose a different delivery method from the cheapest standard delivery that we offer), without delay, and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. To carry out the said refund, we shall use the same method of payment as you used for the original transaction, unless we have expressly agreed something different with you. On no account will you be charged any fees for the said refund. We shall be entitled to refuse to carry out the refund either until the products have been returned to us, or until you have provided proof that you have sent back the products, depending on which of these takes place first.
You shall send back or hand over the products to us or to Schutznetze24 GmbH, Mr Thomas Rossmeisl, Weyerberg 5, 35614 Aßlar-Berghausen, Germany, without delay, and at all events at the very latest within fourteen days from the date on which you informed us of your revocation of this contract. You will have adhered to the revocation deadline provided you dispatch the products before the expiry of the said fourteen-day period. You shall bear the direct costs of sending back the products. In the case of products which, due to their properties and/or type, cannot be sent back in the normal way by post, the shipping costs will be 80.00 EUR. You will only have to bear the cost of any loss in the value of the products which may occur provided that the said loss in value has been caused by a manner of handling the products which was not necessary in order to inspect their condition, properties and functioning.
No right of revocation shall apply in the case of the following contracts: contracts for the supply of products which are not pre-assembled and in whose manufacture and/or design the individual choice or decisions of the consumer play a decisive role, or which have been specially tailor-made to meet the personal requirements of the consumer.
End of the Terms and Conditions of Revocation
§ 12 Agreement Cuncerning Allocation of Costs in the Event That the Right of Cancellation is Exercised
If the products delivered correspond to the products ordered, we shall exercise the option of placing on you the burden of bearing the cost of sending them back to us in the context of exercising your legal right of revocation, as stipulated in the above Terms and Conditions of Revocation.
§ 13 Final Clause
If you are an entrepreneur, you are subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG). If you are a tradesperson in the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from contractual relations between you and us is our place of business.