Terms and conditions
Terms and conditions of germansimengineering.de
Our terms and conditions are binding when you submit your order.
§1 Scope of proposal, item of agreement, signing of the agreement
1.1. The following provisions finally regulate the contractual relationships between German Sim Engineering GbR
Owner: Herriger, Schnellen, Wiebusch
Falkenweg 1, D-47906 Kempen
hereinafter referred as "seller" or "us" and you hereinafter refferd as "the customer" or "customer"
1.2. Only these terms and conditions shall apply exclusively. Conditions of the customer that contradict or deviate from our terms and conditions will not be recognized unless the seller has expressly agreed to them in writing in individual cases.
1.3. The subject of the respective contract is the sale of products by the seller to the customer. The customer is bound to his order for two weeks. The confirmation of the receipt of the order follows immediately after the order has sent to the seller. The purchase contract is concluded with the delivery confirmation to the customer or the delivery of the products the customer has ordered.
1.4. All prices are are provided in Euro (€). Except dealer or reseller prices. All prices are shown as net prices.
§2 Handling and shipping
2.1. The customer bears the shipping costs from the location of the seller´s branch as described in the offer. The seller reserves the right to bear the shipping costs himself in individual cases. Details on the shipping costs can be found at the end of the buying process. If the seller offers free shipping this would applies to the order of the customer.
2.2. Upon conclusion of the purchase contract the payment of the complete purchase price is due immediately. The customer has the option to choose between different payment options. The seller reserves the right to exclude certain payment options for deliveries for first-time orders of the customer or deliveries abroad.
2.3. The seller undertakes to send the order to the customer after the purchase contract has been concluded and if the choosen payment option has been agreed. Shippment start if the customer has paid his order in full. The buyer is not liable for compliance with delivery dates unless a date has been confirmed by the seller. Partial deliveries are permitted provided they are reasonable for the customer.
2.4. If acceptance is refused or delivery is unsuccessful we reserve the right to invoice the customer for the caused costs.
2.5. The seller reserves the right to proivide a service of an equivalent quality and price in the case that the contractual service is not available. If it is not possible to provide a service that is equivalent in terms of price and quality the seller does not have to provide the promised service. In this case the seller has to inform the customer immediately of the unavailability and refund money the customer may has already payed.
2.6. By acceptiong our terms and conditions the customer declares that he has reached the age of 18 and is therefore legally competent or if the customer has not reached the age of 18 he declares by accepting the terms and conditions that he has reached the age of 14 and has obtained the consent of his legal representative for the ordering process. We point out that damage caused by incorrect age information, incorrect adress information or fun orders will be asserted against the customer.
2.7. As it is a mutaal commercial transaction within the meaning of the commercial code the customer will examine the ordered products immediately after delivery. The customer has also to check weather the delivery is complete and their respective functionality is given. Damage or defects of the products that are discovered or that can be identified without further ado must be reportet to the seller immediately inclkude a detailed description of the defect. If the customer not notify the selller for any defects the products have been deemend to been approved unless there is any defect that could noit be identified during the examination.
2.8. Defects to the products which in the context of the proper inspection according to § 2.7. cannot be determined the customer has to inform the seller immediately after the discovery as far as it is a mutual commercial transaction. Otherwise the products are considered approved even with the regard to this defect. To inform us about any defected products please use our Contact Form "Defective Product"
§3 Warranty and liability
3.1. We as the seller are generally liable for defects to our products in accordance with the statutory provisions of the sales law (§§ 434 ff. BGB - German Law). The warranty period for new items is 2 years from the start of the limitation period.
3.2. The warranty period for used products is one year from the beginning of the statutory limitation period.
3.3. if the customer is a natural or legal person or a legal partnership who is entering int a legal transaction in the exercise of their commercial or independent professinal activity the statutory warranty for used items is excluded.
3.4. In the case that a claim for defects is asserted against the seller the customer has the right to subsequent performance and elimination of the defect or delivery of a defect-free product. His other rights from §437 BGB (German Law) remain unaffected. The seller can refuse the type of supplementary performance chosen by the buyer without prejudice to section 275 (2) and (3) BGB (German Law) if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customer's claim is limited to the other type of supplementary performance; the right of the seller to refuse this under the conditions of sentence 1 remains unaffected.
3.5. If the seller delivers a defect-free product for the purpose of subsequent performance he is in the right to request the return of the defective products.
3.6. The seller is not liable for claims for damages from positive breach of contract as well as from unlawful acts unless the damage was caused intentionally or through grossly negligence. This does not apply to claims for damages from assurances of properties, which are intended to protect the customer against the risk of consequential damage.
3.7. The seller is not liable for products or discriptions that were not published by himself. The seller distances himself from article descriptions of others.
§ 4 Terms of payment, retention of title
4.1. The delivered products remain in the property of the seller until they have been paid in full. Payment of the purchase price is due immediately after the purchase contract has been concluded.
4.2. In case the customer is a company, then for dispatchin sale the risk is handed over to the customer when goods are handed over to the shipping partner. For consumer customers the risk is handed over at the moment of delivery at the order´s destination.
4.3. Business customers fall behind if payment is not completed within 30 days after due date. Same applies to consumer customers if they were notified about these circumstances in their invoice or payment request.
4.4. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Schweden we offer the following payment options. Payment receipient is always Klarna.
- Invoice: payment period is always 14 days, starting with shipment of goods. You can find the complete terms and conditions for countries in which this payment option is available here: Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden.
- Hire purchase: by using Klarna hire purchase one can easily split your order expanses to fixed or flexible monthly payments according to applicaple terms. Monthly payments have to be done within one month after receiving an invoice from Klarna. Further information about monthly payments (only available in the following countries): Denmark, Germany, Finland, Great Britain, Norway, Austria, Sweden.
- Immediate transfer: available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your bank account is charged immediately.
- Debit: available in Germany, Austria, Netherlands and Sweden. Your bank account will be charged once the goods are shipped (you will be informed via e-mail).
§ 5 Right of revocation
Within 14 days you can revoke this contract without justification. Revocation period of 14 days starts with handover at delivery to you or a legal representative. To revoke the contract you have to inform
Wiebusch, Schnellen, Herriger
with use of a written notice (mail, e-mail) about your decision to revoke this contract. The right of revocation shall remain if the announcement of revocation is done within the revocation period.
Consequences of revocation:
With revocation of this contract we have to return all done payments incl. shipping costs (except costs for special shipping options) latest 14 days counting from the day we received the revocation. For return payments we will use the same payment method as the original payment. There will be no extra fees or charges due to the return. We can block the return of payment until we received all goods or until you can proof the shipping. You have to return goods within 14 days. Return period starts with the revocation notice. The deadline is met when goods are handed over for shipping within 14 days. Return shipping is at customer costs. In case of unusual damage you might be charged for the loss of value.
§ 6 Data protection
The customer knows and accepts the fact that his neccessarily requested personal information for order processing is stored in storage media. The customer gives explicit consent to requesting, processing and using personal data. This consent might be revoked at any time for the future. In that case the merchant is obligated to immediately delete personal customer data except there is an uncompleted order.
§ 7 Final clauses
7.1. Only German law is applicable to the present terms and conditions as well as to a concluded contract of sale (with exclusion of UN purchasing law (CISG)).
7.2. If the customer is a merchant, Kempen, Germany shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.
7.3. The right to depreciation or increase exists only if the claims are final stipulated or if they are accepted in writing.
7.4. Should individual or several provisions of these conditions be or become invalid in whole or in part, the validity of the remaining provisions and of the contract shall not be affected.
7.5. Court of jurisdiction for all disputes arising from contractual relationships is Kempen, Germany.
§ 8 Alternative dispute resolution
8.1. The EU commission provides an online platform for dispute resolution: https://ec.europa.eu/consumers/odr
This platform aims at extra-judical settlement of disputes arising from online sales or service contracts with consumer.
8.2. The vendor is not obliged or willing to take part in dispute resolution processes at a consumer arbitration board.