Terms and Conditions

General Terms and Conditions

General Terms and Conditions for Purchases from the www.saegenspezi.deOnline Store

§ 1 Scope

1.1 All goods and services shall be delivered exclusively subject to the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version in effect at the time an order is placed. Unless otherwise expressly agreed upon in writing, deviating terms and conditions shall not apply.

1.2 Customer’s contractual partner is Bastian Hüsch, Grenzhausener Strasse 45a, 56191 Weitersburg, Germany, telephone +49 (0) 26 22/88 53 686, fax: +49 (0) 26 22/88 53 687, e-mail: info@saegenspezi.de, VAT ID: DE241611976 (hereinafter referred to as “Seller”).

1.3 The Customer as defined by these General Terms and Conditions may either be consumers or entrepreneurs (hereinafter referred to as “Customer”). Consumers, by definition of these Terms and Conditions are natural persons who enter into contracts for a purpose that can neither be allocated to their commercial nor their professional activities. Entrepreneurs, by definition of these Terms and Conditions are natural persons or legal entities or legally competent partnerships who act in their commercial or freelance professional capacity when entering into a contract with the Seller.

§ 2 Closing of the Contract, Making of the Agreement

2.1 By placing an order, the Customer is making a binding offer to the Seller to enter into a contract. The Seller has the option to accept this offer by sending an order confirmation to the Customer within 24 hours after the receipt of the order via e-mail. The sending of this order confirmation shall constitute the closing of the contract.

2.2 Whenever the Customer finds a desired product in the online store, the Customer can click on the product name or product image to obtain more detailed information about the product. A click on the button [add to shopping cart] will result in the placement of the item in the shopping cart. The Customer has the option to review the shopping cart at any time by clicking on the [shopping cart] icon. To remove or update items and quantities in the shopping cart, the Customer simply clicks on the respective icons [remove] or [update]. When the Customer is ready to purchase the items in the shopping cart, the Customer clicks on the [go to checkout] button on the shopping cart page. During the checkout process, the Customer has the option to set up a customer account and is asked to enter his/her billing and shipping information. The Customer also chooses the mode of payment and shipping. Prior to the placement of the order, the Customer sees a “summary” overview of the order. At this point, the Customer has the opportunity to review all of the data entered and to make changes by using the [edit] function to delete or modify items. It is also possible to correct entries by using the browser to go back to the previous page or by aborting the order process and starting all over again. To make a purchase, the Customer has to click the [place order] button. As a result, the order will be sent to the seller. In response the Seller sends the Customer an e-mail confirmation that the order has been received. This message is the order confirmation.

§ 3 Archiving of the Contract Copy

The Seller shall store Customer’s order and the entered order data. The Seller shall send an e-mail confirmation for the receipt of the order followed by an official order confirmation with all purchase order data. Prior to sending the order, the Customer also has the option to print out the order as well as the General Terms and Conditions. Customers who have created customer accounts have access to all orders they have placed at any time.

§ 4 Consumer Rescission Rights

The following rescission right applies to consumers only:

Rescissions Rights

Disclosure Right to Rescind

Consumers have the right to rescind this contract within fourteen days without having to state grounds for the rescission. The rescission period begins on the day the consumer or any third party designated by the consumer who is not a transportation entity have/has taken possession of the goods and remains in effect for a total of fourteen days thereafter. Consumers who wish to exercise their right to rescind are required to make a definitive declaration to that they have decided to rescind from the contract to the Seller (Bastian Hüsch, Grenzhausener Strasse 45a, D-56191 Weitersburg, Germany, telephone +49 (0) 26 22/88 53 686, fax: +49 (0) 26 22/88 53 687, e-mail: info@saegenspezi.de) in writing (e.g. via regular mail, telefax or e-mail). Consumers may use the enclosed rescission template form, however, its use is not mandatory. To meet the rescission deadline, it is sufficient for consumers to send the rescission notice prior to the expiration of the rescission period.

Consequences of Rescission

If the Customer rescinds from the contract, the Seller shall reimburse all payments, including the costs of delivery (with the exception of added costs incurred as a result of the fact that the Customer has chosen a different delivery mode than the one offered by the Seller as the most cost effective standard delivery mode) promptly and no later than within fourteen days after the rescission notice has been received by the Seller. The Seller shall use the same mode of payment for the reimbursement the Customer used for the original transaction unless otherwise expressly agreed upon with the Customer. Under no circumstances shall the Customer be billed for any charges in relation to the reimbursement. The Seller may refuse a reimbursement until the goods have been returned to the Seller or until the Customer proves that the goods have been returned. The earlier of these dates shall apply. The Customer shall send back or return the goods immediately and in any event no later than within fourteen days after the day the Customer has notified the Seller of the rescission. The Customer shall be deemed to have met the deadline as long as the goods are sent back prior to the expiration of the fourteen-day deadline. The Customer shall absorb the direct return shipping costs for the goods. The Customer shall be required to absorb any value decline of the goods only if the value decline is the result of the handling of the goods that is not necessary for the inspection of the condition, properties and functions of the goods.

§ 5 Rescission Form Template

(If you would like to rescind from the contract, please complete this form and return it to us)

To

Bastian Hüsch

Grenzhausener Strasse 45a

D-56191 Weitersburg

Fax: +49 (0) 26 22/88 53 687

E-mail: info@saegenspezi.de

I/we(*) herewith revoke the agreement I/we (*) entered into for the purchase of

the following goods (*)/the rendering of the following services (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature(s) of the consumer(s) (required only if a hard copy of the rescission notice is sent in)

Datem

(*) Strike through anything that does not apply.

§ 6 Prices and Shipping Costs

All prices include applicable sales/value added tax but do not include the cost of shipping. We will ship through the DPD parcel service or any other shipping service of our choice.

§ 7 Terms of Delivery

7.1 We deliver to addresses worldwide.

7.2 The goods shall be shipped within 3 – 5 days after you have given your payment order to your financial institution unless otherwise stipulated in the quotation.

§ 8 Terms of Payment

8.1 Customers have the option to use the following advance payment options: bank transfer, credit card, PayPal, instant bank transfer, cash payment upon pick-up, advance payment via bank debit note or cash on delivery. Customers who choose the advance payment via bank transfer option will be advised of seller’s banking information in the order confirmation. The invoice amount must be transferred to the Seller within 7 days. Customers who pay via PayPal or instant transfer will be rerouted to the site of the respective payment service after placing their order, where they will be able to make direct payments. The accounts of Customers paying via credit card or advance cash payment via debit note will be debited at the time the order is shipped. Customers who opt for cash on delivery payments will pay cash to the delivery person at the time the goods are delivered.

8.2 If the Customer is a consumer, the Seller shall retain the title to the purchased items until the invoice amount has been paid in full. If the Customer is an entrepreneur acting in a commercial or freelance professional capacity, a legal entity under public law or a public-law-based special entity, the Seller shall retain the title to the purchased items until all pending accounts receivable due to us from said entity’s business relationship with the Seller have been paid. The respective collateralization rights are not transferable to third parties.

8.3 The Customer shall be entitled to the offsetting of Customer’s own demands only if Customer’s counter demands have been found legally effective by a court of law or have not been disputed by the Seller. Moreover, the Customer shall have a right to withhold only if the counter demand is based on the same contractual relationship.

8.4 If the Customer is a consumer, the purchase price shall be subject to late payment interest in an amount of 5 % above the base interest rate as of the first day of default. If the Customer is not a consumer, the interest rate, for the duration of the payment default, shall be 8 % above the base interest (prime) rate. The Seller reserves the right to prove that higher damages were incurred as a result of the default and to make pertinent claims.

§ 9 Warranty

9.1 If the Customer is a consumer and the order is placed with the Seller for purposes that can neither be allocated to your commercial nor your professional activities, the Seller shall provide a warranty pursuant to the applicable statutory provisions.

9.2 If the Customer is an entrepreneur/business, the following shall apply:

9.2.1 The Customer shall inspect the delivered goods immediately upon arrival if this is the usual procedure pursuant to regular business practices. If a deficiency should be discovered, the Customer shall report same to the Seller immediately. If the Customer should fail to file a complaint, the goods shall be deemed approved unless the deficiency is such that it could not be detected during the inspection. If such a deficiency should arise later, the complaint shall be filed immediately upon the discovery of the deficiency, otherwise the goods shall be deemed approved although they have has this deficiency. This shall be without prejudice to § 377 HGB (German Commercial Code). The Customer shall not be released from the obligation to inspect even in the event of subrogation claims by the Customer’s clientele pursuant to § 478 BGB (German Civil Code). If the Customer should fail to immediately file deficiency claims for the defects Customer is targeted for by Customer’s clientele, the goods shall be deemed approved although they have this deficiency.

9.2.2 If a deficiency is present, the Seller, taking into account the type of deficiency and the justified interests of the Customer, shall have the right to determine the remedy to be implemented. Any remedial fulfillment shall be deemed a failure after the third fruitless attempt under these contracts. This clause shall not apply in cases of subrogation pursuant to § 478 BGB.

9.2.3 In cases of remedial fulfillment due to deficiencies, the Seller shall be required to absorb the required costs, in particular transportation, errand, labor and material costs only if they are not increased as a result of the fact that the subject matter has been moved to a different location than the domicile or business premises of the Customer to whom delivery was originally made. This clause shall not apply in cases of subrogation pursuant to § 478 BGB.

9.2.4 Deficiency claims of the Customer, including related compensation for damages claims shall be subject to a statute of limitations of one year. This clause shall not apply in cases of subrogation pursuant to § 478 BGB. Furthermore, it shall not apply in the cases of §§ 438 Sect. 1 No. 2 BGB or § 634a Sect. 1 No. 2 BGB. This shall also not apply to claims for damage compensation based on the loss of life, personal injury or health damages or because of acts of grossly negligent or intentional breach of duty by the Seller or Seller’s agents.

§ 10 Liability for Damage Compensation or Reimbursement of Expenses

10.1 If the Customer is a consumer and places the order with the Seller for a purposes that can neither be allocated to the Customer’s commercial nor to Customer’s professional activities, the Seller shall assume liability for damages in compliance with the statutory provisions.

10.2 If the Customer is an entrepreneur or a business our contractual liability for damage compensation pursuant to Sections 10.2 through 10.8 shall be subject to the following:

10.2.1 If the claims are based on intentional breaches of duty by the Seller, Seller’s representatives or agents, the Seller shall assume liability in compliance with the statutory provisions. If claims should be based on a grossly negligent breach of duty by the Seller, Seller’s representatives or agents, Seller’s liability shall be limited to the foreseeable, typically occurring damages.

10.2.2 If the Seller or Seller’s representatives or agents should – in a culpable manner - have breached a duty, the fulfillment of which the proper performance of the contract is contingent upon, and the breach of which places the attainment of the purpose of the contract in jeopardy and in the fulfillment of which the Customer can regularly trust and if none of the liability cases according to the statutory provisions as defined in Section 10.1.1. apply, Seller’s liability shall be limited to the foreseeable, typically occurring damages.

10.2.3 Unless otherwise stipulated in Sections 10.2.1 and 10.2.2, Seller’s liability for damage compensation shall be excluded. This shall also apply if subrogation claims are filed against the Seller as the supplier pursuant to § 478 BGB.

10.3 The liability exclusions and limitations pursuant to Section 10.2 shall also apply to other entitlements, in particular tort claims or claims for the reimbursement of expenses incurred in vain in lieu of performance.

10.4 The liability exclusions and limitations pursuant to Section 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 German Product Liability Act or based on culpable injuries to life, personal injury or health damages. They shall also not apply if the Seller has issued a guarantee for the condition of Seller’s goods or the success of services or a procurement risk and if a guarantee scenario has arisen or the procurement risk has materialized.

10.5 The Seller shall assume liability for the assumption of procurement risks only if the Seller has expressly assumed the procurement risk in writing.

10.6 Unless the liability limitations pursuant to Section 10.2 apply to entitlements arising from the manufacturer’s liability pursuant to § 823 BGB, Seller’s liability shall be limited to the incident coverage provided by insurance. If the former does not provide or not provide complete coverage, the Seller shall undertake to assume liability up to the coverage amount. This clause shall not apply in the event of culpable injury to life, personal injury or health damages.

10.7 If Seller’s liability is excluded or limited, this shall also apply to the personal liability of our employees, workforce, representatives or agents.

10.8 The above provisions are not linked to a reversal of the burden of proof.

§ 11 Customer Service

In the event of questions, complaints or claims, Customers may contact Seller’s customer service department Monday through Friday from 9 am through noon and from 1 pm to 5 pm at phone numbers 49 (0) 26 22 / 88 53 686 as well as via e-mail at info@saegenspezi.de.

§ 12 Governing Law, Place of Jurisdiction

12.1 All transactions shall be governed by German law subject to the exclusion of the UN Convention on the International Sale of Goods (CISG).

12.2 In the case of Customers who enter into the contract for purposes that cannot be allocated to their professional or commercial activities (consumers), this governing law choice shall be without prejudice to the mandatory provisions of the laws of the nation where the Customer has his/her usual domicile.

12.3 For all disputes arising from contracts with entrepreneurs, legal entities under public law or a public-law based special entity, the place of jurisdiction shall be 56068 Koblenz, Germany.

§ 13 Alternative settlement of disputes and OS- Platform

The European Commission offers a platform on the website: https://ec.europa.eu/consumers/odr/ which allows an online settlement of disputes (OS). We are not prepared or committed to take part on a settlement of disputes procedure of the local consumer protections.

§ 14 Miscellaneous

14.1 The contract languages shall be German, French and English.

14.2 If one or several provisions of these GTC should be ineffective, the remainder of the contract shall remain in effect. If provisions are ineffective, the content of the contract shall be interpreted based on the statutory provisions.

Status: 10.02.2018