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General Terms and Conditions and Customer Information

 1. Basic provisions

(1) The following terms and conditions apply to all contracts, which you conclude with us as a provider (Somaesté OHG). Unless otherwise agreed, the inclusion of your own terms and conditions will only be accepted if explicitly approved by us in writing .

(2) Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.

 2. Condition of the contract

(1) The object of the contract is the sale of goods.

(2) After you have placed an order we send you a confirmation and a binding proforma invoice to conclude a contract  under the conditions stated below.

(3) The contract will be concluded after receipt of 50% of the preorder volume as a deposit. The deposit has to be credited to our account within 2 weeks after confirmation. The production starts after payment receipt .

(4) The full invoice amount must be credited to our account upon completion of production within 14 days after the invoice date. Only when the full invoice amount has been paid, you can freely dispose the goods. The goods remain our property until full payment of the purchase price.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.

3. Liability

(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.

(2) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose infringement would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.

(3) In the event of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.

4. Choice of law, place of fulfillment, court of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).

(2) The place of fulfillment for all services arising from the business relations and the place of jurisdiction with us is our registered office, insofar as you are not a consumer, but a merchant, a legal person of public law or a public special fund. The same applies if you do not have a general court of jurisdiction in Germany or the EU, or where the place of residence or habitual residence is not known at the time the action is brought. The power to also bring the court to another legal court remains unaffected.

 5. Prices and terms of payment

(1) The prices stated in the respective offers are net.

(2) The shipping costs are not included in the purchase price. On request the shipping cost will be indicated separately in the course of the ordering process and are to be borne by you in addition, as far as not the delivery-free delivery is announced.

 6. Ordering and delivery

(1) Two delivery dates per calendar year are considered. The orders should be processed according to the deadlines for the appropriate delivery date. According to the value of the order special agreement can be arranged. Regular delivery schedule is as follows:

 

  • Order deadline: 30 September. Delivery: end of February
  • Order deadline: 28 February. Delivery: end of July

 

7. Statutory right of deficiency

7.1. There are statutory liability for defects.

7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects. Failure to do so will have no effect on your statutory warranty claims.

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