General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Sapphiredarts SLM Handel UG) via the Amazon Internet platform. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by us on Amazon, the activation of the offer page at Amazon is the non-binding offer to conclude a purchase contract under the conditions contained on the article page (product description).
(3) You can submit a binding purchase offer (order) via the shopping cart system or the 1-click order function.
In the shopping cart system, the goods intended for purchase are placed in the "shopping cart".
After clicking the “Checkout” button and then entering all of the requested data and selecting the payment method and shipping address, all order data will be displayed again on the order overview. Before submitting the order, you have the opportunity to check and change all the information again or to cancel the purchase using the browser's "back" function. By clicking the “Buy now” button, you are submitting a binding offer to us.
When using the 1-click order function, you have the option of placing the order directly from the product detail page or the product offer list.
Before submitting the order, you can change the delivery address and - if provided - the number of selected items or cancel the purchase using the browser's "back" function.
By clicking the “Buy now with 1-Click®” or “Buy with 1-Click®” button, you are submitting a binding purchase offer (order).
(4) After submitting your order, you will receive an automatic email confirmation from Amazon that we have received the offer. The order confirmation does not yet lead to the conclusion of a contract.
(5) The acceptance of the offer (and thus the conclusion of the contract) takes place via email from Amazon, in which we confirm the dispatch of the goods. If you have not received a shipping confirmation within 2 days, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of rework, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Sapphiredarts
SLM Handel UG (limited liability)
Huvestr. 19
40589 Düsseldorf
Email: slm-handel@web.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of the contract" provisions of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you - direct debit or credit card - are shown under a corresponding button on our website or in the respective offer.
The payment processing takes place via the payment system - Amazon Payments - from Amazon. Your bank account or credit card will be debited after the goods have been dispatched.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
Unless a different period is specified in the item description or under "Shipping costs" in the shipping cost table, the goods will be delivered within 3-5 days of the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
last update: 19.11.2018
Battery Ordinance - Packaging Ordinance
Notes on battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, we are obliged to inform you of the following:
As the end user, you are legally obliged to return used batteries. You can return old batteries that we have or have carried in our range as new batteries free of charge to our dispatch warehouse (dispatch address). The symbols shown on the batteries have the following meanings:
The symbol of the crossed-out garbage can means that the battery must not be thrown into the household waste.
Pb = battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury.
Please note the above instructions.
Information on the packaging ordinance:
In accordance with the provisions of the Packaging Ordinance, we are obliged to take back packaging of our products that do not bear the symbol of a system of comprehensive disposal (such as the "Green Dot" of Duales System Deutschland AG) and to ensure that it is reused or disposed of.
For further clarification on the return of such products, please contact us.
SAPPHIREDARTS
SLM Handel UG (limited liability)
Tel .: 0170/8985264
Fax .: 02835/44 999 01
slm-handel@web.de
We will then name a communal collection point or a disposal company in your area that will receive the packaging free of charge. If this is not possible, you have the option of sending the packaging to us (SLM Handel UG (limited liability), Huvestr. 19 40589 Düsseldorf) The packaging will be reused by us or disposed of in accordance with the provisions of the packaging ordinance.
Note on the disposal of electrical and electronic equipment
Note on the disposal of electrical and electronic equipment
In connection with the sale of electrical and electronic equipment, we are obliged to point out that all electrical equipment that is used in private households is marked with a symbol of the crossed-out wheeled bin.
The symbol means that old devices must not be disposed of with household waste. Old devices must be disposed of separately.
Consumers have the option of returning used electrical and electronic equipment that we have supplied. Please contact our customer service. You can find our contact details under "Legal information of the seller".
For private households, you can alternatively return them to the municipal collection points in your city or municipality.
Please remove removable old batteries, old rechargeable batteries and lamps that are not enclosed in the old device before you hand in the device for disposal. Please dispose of both separately.
Every consumer is responsible for deleting personal data on the electrical or electronic device.
