Terms and conditions
§ 1 Validity, definitions of terms
(1) SuS Gmbh Schwerin, Nordring 16, 19073 Wittenförden, Germany (hereinafter: “we” or “SuS GmbH Schwerin”) operates an online store for goods under the website https://susgmbh.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) All agreements made between SuS GmbH Schwerin and our customers for the purpose of executing the contract are fully documented in writing in these General Terms and Conditions; it is agreed that no further agreements have been made and that no verbal promises have been made.
(3) The customer waives the right to assert his own terms and conditions. These shall not become part of the contract even if SuS GmbH Schwerin remains silent.
(4) A “consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://susgmbh.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the details in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with SuS Gmbh Schwerin, Nordring 16, 19073 Wittenförden, Germany.
(5) Orders, agreements, assurances and all legal declarations on our part shall only become binding upon receipt of a written order confirmation or delivery. If the confirmation deviates from the order or from a verbal agreement, it must be objected to in writing by the customer immediately, but at the latest within one week of receipt; otherwise the deviation shall be deemed to have been approved.
(6) Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not store the contract text after the contract has been concluded.
(7) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(8) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract is our online store:
- The sale of goods. The specific goods on offer can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) Our prices are subject to the VAT rate applicable at the time the contract is concluded and do not include shipping costs. Unless otherwise agreed, our list prices valid at the time of conclusion of the contract shall apply
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, payment claims are due for payment immediately.
(3) For a purchase on account, the minimum order value is €100.00 and the maximum order value is €5,000.00 for this payment method.
(4) From the start of default, the buyer shall owe default interest in accordance with the statutory provisions of § 288 BGB.
(5) If the Buyer is an entrepreneur within the meaning of § 14 BGB, we shall have the right to withdraw from the contract if the Buyer is in default of payment and to repossess the goods delivered subject to retention of title if the right of withdrawal is exercised.
In the event of withdrawal in accordance with sentence 1 and in the event that the buyer withdraws from the contract without justification, the buyer shall be obliged to compensate us for the damage incurred; the amount of the claim shall be 40% of the order amount.
The buyer reserves the right to prove that no damage has occurred or that the damage is lower than the lump sum according to sentence 2.
At the same time, we reserve the right to claim higher damages.
(6) The Buyer may only offset a counterclaim or assert a right of retention if his claim is undisputed or has been legally established.
(7) The following rates are agreed as reminder fees:
-The first reminder is free of charge.
-For further reminders, a lump sum in accordance with § 288 para. 5 BGB in the amount of EUR 40.00 as reminder costs.
(8) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.
(9) Delivery is always ex SuS GmbH Schwerin. SuS GmbH Schwerin is entitled to make partial deliveries to a reasonable extent.
(10) Unless otherwise agreed, SuS GmbH Schwerin shall select the mode of shipment and packaging to the best of its judgment.
(11) If we agree to meet certain delivery deadlines in individual agreements, this delivery period shall be automatically extended by the period of a temporary impediment to performance for which SuS GmbH Schwerin is not responsible.
(12) If the buyer is in default of acceptance, we are entitled to charge a lump sum for the storage of the goods amounting to 1% of the gross price of the goods per week or part thereof; the buyer reserves the right to provide evidence of minor damage. In the event of default of acceptance, the buyer shall bear the risk of loss or deterioration of the goods, unless we have acted with intent or gross negligence.
(13) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Germany, Denmark, Luxembourg, Netherlands, Poland, Switzerland, Spain, United Kingdom, Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) We reserve title and the right of disposal to the goods delivered by us until all payments arising from the contractual relationship have been received.
(3) Any treatment or processing of the goods delivered by us by the Buyer shall always be carried out on our behalf, without any obligations of any kind arising for us as a result; we shall become the direct co-owner of the item thus created in accordance with the ratio of the net invoice value of the goods delivered by us to the net invoice value of the treated or processed goods, which shall serve as reserved goods to secure our outstanding claims against the Buyer.
(4) The buyer is revocably entitled to sell the goods delivered to us and to collect the respective purchase price claim in the ordinary course of business, passing on our retention of title.
This entitlement shall lapse if the buyer has agreed a prohibition of assignment with his customer or a third party or is in default with his obligations to us. The buyer is not authorized to dispose of the reserved goods in any other way, in particular by pledging them or transferring them by way of security.
(5) In the event of resale of the reserved goods, the Buyer hereby assigns to us all claims and other claims against his customers arising from the resale, including all ancillary rights, until all our claims arising from the contract have been fulfilled.
At our request, the Buyer shall be obliged to provide us with all information and documents necessary to assert our rights against the Buyer’s customers; furthermore, at our request, the Buyer shall confirm the assignment to us in writing and/or notify its customers.
(6) If the goods subject to retention of title are resold by the Buyer after processing in accordance with Section 3, the assignment of the purchase price claim in accordance with Section 5 shall only apply to the amount of the invoice value of the goods subject to retention of title delivered by us.
(7) If the value of the securities existing for us exceeds our total claims against the Buyer by more than 20%, we shall be obliged to release security interests of our choice at the Buyer’s request.
(8) The Buyer shall notify us immediately of any seizure or confiscation of the reserved goods by a third party.
Any resulting intervention costs shall be borne by the buyer, unless they are borne by third parties.
§ 6 Right of withdrawal
As a consumer you have a right of withdrawal. This is based on our revocation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
The contract language is exclusively German.
§ 9 Notification of defects and warranty
(1) Complaints regarding incorrect delivery, incomplete delivery or defects in the goods must be received by us in writing and specified no later than one week after acceptance of the goods, unless the defects are hidden.
(2) We do not waive the objection of late or otherwise insufficient notification of defects through negotiations on notifications of defects. The recognition of claims for defects requires that we are given the opportunity to inspect the unaltered goods.
(3) In the event of a timely and justified notice of defects, we shall provide warranty at our discretion by repair or replacement delivery; in both cases we shall bear the necessary transportation costs to the customer’s registered office, provided that this location is in Germany. The rights according to § 439 para. 3 are expressly excluded if the customer is an entrepreneur within the meaning of § 14 BGB and a further delivery to a consumer within the meaning of § 13 BGB is not made by the customer. The customer shall only be entitled to rescind the contract or reduce the remuneration if the repair or replacement delivery has been unsuccessful twice.
(4) If the Buyer is an entrepreneur within the meaning of § 14 BGB, we shall not be liable for consequential damage caused by a defect, unless the item delivered by us lacks a warranted characteristic and this warranty was specifically intended to protect against consequential damage caused by a defect of the type that has actually occurred or we or one of our vicarious agents can be accused of gross negligence or intent.
(5) Special warranty declarations of the manufacturers of the goods sold shall be assigned by us to the Buyer in full. They do not establish any obligation on our part
(6) If the buyer is an entrepreneur within the meaning of § 14 BGB, the limitation period applicable to the buyer for claims due to defects of the delivered new goods shall be extended in deviation from § 438 para. 1 no. 3 BGB shortened to 1 year. The warranty is excluded for used goods.
§ 10 Final provisions/dispute resolution
(1) German law shall apply exclusively. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.