Terms And Conditions
General Terms and Conditions (GTC) of SIGAB GmbH (UGM-Spare Parts)
Magdeburg, March 6th, 2015
1. Scope and defense clause
1.1 For the legal relationships which are stipulted within the internet-shop between SIGAB GmbH and their customers the following general terms and conditions are valid in the version at the time of ordering.
1.2 Divergent general terms and conditions of the customer will be rejected. These shall only become effective if they are explicitly confirmed by SIGAB GmbH.
2. Accomplishment of the contract
2.1 The presentation of the goods and services within the internet shop does not represent a binding offer from SIGAB GmbH as a conclusion of a sales contract. The customer is only asked to submit an offer by placing an order.
2.2 By submitting the order on the internet shop the customer provides a firm offer directed to the conclusion of the contract of the goods in the shopping basket. By submitting the order the customer also accepts these sales conditions and all terms & conditions as applicable for the legal relationship with SIGAB GmbH.
2.3 SIGAB GmbH confirms receipt of the customer order by sending a confirmation email. This order confirmation does not constitue an acceptance of the contract offer by SIGAB GmbH yet. It only acts as an information for the customer that the order has been received by SIGAB GmbH.
The declaration of accepting the contract offer takes place by delivering the goods or an explicit acceptance within 5 days after receipt of your order.
3. Delivery, availability of goods
3.1 If SIGAB GmbH is not able to deliver the ordered goods due to supplier default, SIGAB GmbH has the right to withdraw from the contract with the customer. This right of withdrawal is only justified if SIGAB GmbH has concluded a congruent hedging transaction with the relevant supplier (firm, timely and sufficient order of the goods) and if the non-delivery is not caused by SIGAB GmbH. In such cases SIGAB GmbH will inform the supplier immediate that the ordered goods are not available. Already paid compensatiions of the buyer shall be refunded immediately.
3.2 If SIGAB GmbH is inhibited to accomplish the duties of delivery due of force majeure which affects both supplier and buyer and which SIGAB GmbH could also not avoid with the necessary care, for example war, natural disasters and acts of nature, the delivery deadline elongates appropriately. The buyer shall be informed about such occurences immediately as well. The legal claims of the buyer remain untouched hereof.
4. Reservation of ownership
4.1 Until full payment the delivered goods will remain in ownership of SIGAB GmbH.
5. Prices and delivery charges
5.1 All prices which are stated on the website of SIGAB GmbH include the valid legal sales tax, if applicable.
5.2 The respective delivery charges are stated in the customer order form and must be paid by the customer.
6. Payment terms
6.1 The customer can make the payment as a wire bank transfer (in advance), per Paypal or via invoice. The purchase via invoice shall be administered by our partner Billsafe.
6.2 The payment of the purchase price is immediate payable with finalsation of contract. If the time of payment is defined per calendar, the customer shall already be in default if he misses that date. In this case customer has to pay 5% default charges above the base rate to SIGAB GmbH. The obligation of the customer for paying the default charges do not exclude assertion of further damages caused by delay.
6.3 Customer obligation to pay default interest does not include further damages which SIGAB GmbH might additionally charge.
7. Guarantee, Guarantee of material defects
7.1 SIGAB GmbH is liable for material defects pertaining to legal justified regulations hereof, especially §§434 ff BGB. For businesses the seller's warranties 12 months for goods delivered by SIGAB GmbH.
7.2 A guarantee for the goods delivered by SIGAB GmbH only exists if such guarantee was explicitly mentioned in the order confirmation per item separately.
8.1 Claims of the customer for compensation are excluded. Excluded are customer claims for compensation related to damage of life, body, health or damage of essential contractual obligations (cardinal duties) as well as liability for further damages which be based on a deliberate or reckless breach of duty by SIGAB GmbH, its legal representative or its agents. Fundamental contractual obligations are those, which are necessary to reach the target of the contract.
8.2 By damaging of fundamental contractual obligations SIGAB GmbH is only liable for the predictable damage and damages which are typical for the contract if such damage was caused by carelessness, unless the claim is related to damages of the customer life, body or health.
8.3 The restrictions of paragraph 1 and 2 also apply for legal representatives and agents of SIGAB GmbH, if claims are directed against them.
8.4 The regulations of the product liability law remains untouched.
9. Cancellation policy regarding to the VRRL after 13.06.2014
9.1 Cancellation right
You have the right to revoke this contract without giving any reason within 14 days. The cancellation right is up to 14 days from the day you or a third party you named who is not the carrier has received the goods. To excercise your cancellation right, you have to inform us (SIGAB GmbH, Sudenburger Wuhne 29-30, D-39112 Magdeburg, Germany) about your decision to cancel the contract by an obvious declaration (for example letter via post, telefax: +49 391-620 98 07 or e-mail: firstname.lastname@example.org). You can use the sample form for cancellation which is not obligatory though. To protect the cancellation right it is enough if you submit the announcement of exercise of the cancellation right before expiration of cancellation period. The cancellation right does not persist on following contracts, insofar that the parties didn't arranged something different: contracts for delivering goods which are not pre-built and for whose manufacturing an individual selection or assignation is essential by the consumer or which are specially geared to the needs of the consumer.
9.2 Consequences of the cancellation right
If you cancel this contract, we must reimburse all payments that we received from you, including delivery costs (except additional charges which arise if you chose another kind of delivery method than the cheapest standard delivery type we provided). Payment has to be effected immdeiately but not later than 14 days after we received the announcement of your contract cancellation. For this repayment we use the same payment method you used at the originally transaction unless something else was agreed with you; in no case we shall invoice you for a reimbursement. We can refuse reimbursments until we receive the goods back or until you can supply proof that you have sent the goods back to us, whichever date is earlier. You have to send the goods back to us not later than 14 days within the day you informed us about the cancellation of the contract. The deadline is valid if you send the goods back before expiration of the deadline of 14 days. You shall pay for the costs of returning the goods. You are only liable for possible deteriorations if a deterioration is attributed to a non-necessary dealing of you by checking of state, features and functionality of the goods.
9.3 Sample-form of the cancellation
Here you can find a sample form of cancellation for download: click here.
10. Customs dues or import fees
10.1 For delivery outside of the EU customs duties or import fees arise according to the country and the local policy. Custom duties are to be paid by the customer. SIGAB GmbH has no influence on these charges and cannot predict such costs. The customs regulations considerably vary from country to country. More details can be obtained at your local customs office. Please notice that you as an importer must adhere to the respective national regulations.
10.2 In customs declaration forms for parcels to countries outside of the EU the value of the articles contained in the delivery is listed on the product type. We reserve the right to provide German customs such data for simplification or for legal obligations.
10.3 The customs office is allowed to open delivieres to control them, we do not have influence in this matter.
11. Taking back of packaging material
11.1 According to the packaging regulations we are obliged to to take back sale packagings which are not labelled with a sign of a system of extensive disposal (Green Dot). So you can send these packaging material back to us and at our costs.
12. Choice of law and legal domicile
12.1 The contractual relationship between SIGAB GmbH and the customer is governed by the law of the Federal Republic of Germany. The use of the UN sales of goods law is not acceptable. For an end customers this choice of law only is valid if the legal provisions of the country where customer constantly or habitually resides is not construed.
12.2 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and SIGAB GmbH is the main office of SIGAB GmbH, provided that the customer is a merchant, a legal entity under public law or a public sector ogranisation.
13. Salvatory clause
13.1 If any provision of these terms and condition is invalid, the validity of the remaining provisions shall not be affected.