Terms and conditions
§1 Scope and Definitions
1. These general terms and conditions apply to all business relationships between us and the customer in the version valid at the time of the order.
2. “Consumer” in the sense of these general terms and conditions is any natural person who concludes a legal transaction with us for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
3. “Entrepreneurs” in the sense of these general terms and conditions are all natural or legal persons or partnerships with legal capacity who enter into business relationships with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). If an entrepreneur does not act in the course of his commercial or self-employed activity, he also benefits from the rights intended for consumers. He is considered a consumer in the sense of these terms and conditions.
4. “Customers” in the sense of these general terms and conditions are understood to mean both consumers and entrepreneurs.
5. General terms and conditions of entrepreneurs who conflict with, deviate from or supplement our general terms and conditions will not become part of the contract, even if they are aware, unless their validity has been expressly approved in writing.
§2 Conclusion of the contract
2. If a contract is concluded, it is done with
Sandhelden GmbH & Co. KG
3. The placing of goods in our online store does not constitute a legally binding contract offer from us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he is submitting a binding offer to conclude a purchase contract.
4. When an order is placed in our online store, the following rules apply:
If a customer goes through the ordering process shown below, he is submitting a binding contract offer. The ordering process takes place in these steps:
a) Select the desired goods
b) Confirm by clicking the "Add to cart" button
c) Check all information in the shopping cart
d) Pressing the "checkout" button
e) Log in to the webstore after registration and entering the login data (email address and password) or order as a guest.
f) Checking and correcting the entered data.
g) Binding sending of the order by pressing the button "order".
Before the binding submission of the order, the customer can click the "Back" button of his internet browser to return to the page on which the information that the customer has given during the ordering process has been checked. There he can correct any errors or end the ordering process by closing the internet browser.
After receiving the order, we will confirm it by an automatically created email. However, this email does not yet constitute acceptance of the offer on our part. Acceptance of the offer by us is made in writing, in text form or by sending the goods.
We save the contract text and send you the data of your order as well as our general terms and conditions by e-mail. You can also access the general terms and conditions at www.sandhelden.de/agb. You can view your past orders in our customer area under My Account -> My Orders.
§3 Regulations on prices, shipping costs, payment and due date
1. All prices that we state in our online shop include statutory sales tax and other price components. Any shipping costs are not included. These are listed separately.
2. Payment is made by Prepayment, PayPal, by credit card (Mastercard, Visa,) or by debit card. In order to hedge credit risk in accordance with the customer's creditworthiness, we reserve the right to request payment in advance for the order placed.
3. If a customer chooses PayPal or prepayment as a payment option, he is obliged to pay the corresponding purchase price immediately after the conclusion of the contract. If the customer chooses payment by direct debit or credit card, his account will be debited before the delivery of the ordered goods.
4. During the delay, an entrepreneur has to pay interest at 8 percentage points above the base rate. However, we reserve the right to claim greater damage caused by delay against an entrepreneur.
5. An entrepreneur only has the right to offset if his counterclaims with which he would like to offset are undisputed or legally established.
§4 Regulations for delivery and transfer of risk
1. Unless we expressly state otherwise in the product description, the delivery time of the goods is 5 to 7 days. The period begins on the day after the contract is concluded and ends at the end of the last day of the period.
2. If the customer chooses payment via PayPal, the goods will only be dispatched after receipt of payment.
3. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item does not pass until the item is handed over to the customer.
4. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods already passes when we hand over the goods to the logistics company commissioned by us.
5. If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately of non-compliance with the delivery time. If we cannot deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract. If the customer has already rendered consideration, we will refund it immediately.
§5 Retention of title
1st If the customer is a consumer, we reserve ownership of the goods until full payment of the purchase price
2nd If the customer is an entrepreneur, we reserve ownership of the goods until full payment of all claims arising from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
3. If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he already assigns to us all claims in the amount of the invoice amount, which accrue to the customer through a resale to third parties. We already accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. However, we reserve the case. That the entrepreneur does not properly meet his payment obligations and is in default of payment, before collecting the claim himself. Processing and processing of the delivered goods by an entrepreneur takes place on our behalf and on our behalf. If an entrepreneur has processed the goods, we acquire joint ownership of the new item. This co-ownership is measured in relation to the value of the goods we deliver. The same applies if an entrepreneur processes or mixes the goods with objects that do not belong to us.
1. The statutory warranty regulations apply to consumers.
2. In the case of used items, warranty claims for consumers become statute-barred after one year from the delivery of the goods. However, such a reduction in the limitation period does not apply to warranty claims that result in damages and for which there is intent or gross negligence or a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment makes the proper execution and processing of the contract possible in the first place and on the observance of which a buyer can normally rely on.
3. Claims for damages among consumers due to injury to life, limb or health or due to the provisions of the Product Liability Act (ProdHaftG) remain unaffected. The same rules apply to breaches of duty by our vicarious agents.
4. Warranty claims, which are not aimed at compensation, become statute-barred for entrepreneurs one year after delivery of the goods. The statutory limitation periods for recourse claims by the entrepreneur according to § 478 BGB remain unaffected by this.
5. Entrepreneurs within the meaning of these general terms and conditions are obliged to examine the goods received immediately for quantity and quality deviations. Recognizable defects are to be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not meet the obligation to notify. The entrepreneur is obliged to notify us of hidden defects in writing within a period of one week. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the notice of defects is sent in time. The entrepreneur bears the full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timely notification of the defect.
§7 Limitation of liability
Liability for damage caused by simple negligence is excluded, unless this results from the breach of essential contractual obligations, a guarantee for the quality of the object of purchase, damage from injury to life, limb or health or claims according to Product Liability Act (ProdHaftG) are affected. Significant contractual obligations are those whose fulfillment makes the proper execution and processing of the contract possible in the first place and on the observance of which a buyer can normally rely on.
The same rules apply to breaches of duty by our vicarious agents.
Liability for the violation of essential contractual obligations is limited in cases of simple negligence to such damage that is typically associated with the contract and foreseeable.
§8 Right of withdrawal for customers as consumers:
Right of withdrawal:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us
Sandhelden GmbH & Co. KG
Phone: +49 (0) 821 32919790
Fax: +49 (0) 821 2719033)
Inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. If the direct debit procedure was chosen as the means of payment, no objection to the direct debit is required.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
We bear the cost of returning the goods within Germany for orders with a value of more than € 40,00. For returns that do not meet the conditions for a free return, an amount of € 4,90 will be deducted from the refund credit.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
The right of cancellation does not exist for the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
§9 Code of Conduct
We have not submitted to any codes of conduct.
§10 Consumer information: participation in a dispute settlement procedure
We are obligated to participate in a dispute settlement procedure before the consumer arbitration board mentioned below: Universal arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl, www.consumer-schlichter.de
§11 Contract language, choice of law, place of jurisdiction
1. Only the German language is considered for the execution of the contract.
2. The law of the Federal Republic of Germany applies to the contractual relationships, whereby the UN sales law is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.
§12 customer service
Our customer service for questions, complaints and complaints is available on weekdays from 9:00 a.m. to 6:00 p.m. at:
Phone: +49 (0) 821 32919790
Fax: +49 (0) 821 2719033
§13 Severability clause
If one or more provisions of these terms and conditions are invalid or unenforceable or if they become so afterwards, the remaining provisions remain unaffected. This does not apply only if the elimination of individual clauses places a contracting party at such a disadvantage that it can no longer be expected to adhere to the contract.
Terms and Conditions: 03.07.2020