Terms of service
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of si précis, represented by Lukas Trumpp (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed upon.
1.2 A consumer, as defined in these Terms and Conditions, is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur, as defined in these Terms and Conditions, is a natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.3 Deviating general terms and conditions of the Customer are rejected.
2 Contracting Parties
The purchase contract is concluded with si précis owner: Lukas Trumpp, Hilbertstraße 30 12307 Berlin.
3 Conclusion of Contract
3.1 The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to order.
3.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, places a legally binding order with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The purchase contract is concluded when the Seller accepts the order by sending an order confirmation by email after receiving the order. Furthermore, the Customer can also submit the offer to the Seller by telephone.
3.3 The Seller can accept the Customer's offer within five days by
- sending the Customer a written order confirmation or a written order confirmation in text form (email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed their order.
If several of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
3.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email) after the Customer has sent their order. The Seller does not provide any further accessibility of the contract text.
3.5 Before bindingly submitting the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. The Customer can correct their entries within the scope of the electronic ordering process until they click the button that concludes the ordering process.
3.6 The Customer must ensure that the email address provided by them for the order processing is correct so that they can receive emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
4 Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's cancellation policy. Custom-made products are excluded from the right of withdrawal as they are products that are individually manufactured according to customer specifications or preferences.
Here, we refer to § 312g paragraph 2 no. of the German Civil Code (BGB): § 312g Right of Withdrawal:
(1) The consumer has a right of withdrawal in the case of contracts concluded outside business premises and in the case of distance contracts in accordance with § 355.
(2) The right of withdrawal does not apply, unless the parties have agreed otherwise, to the following contracts: Contracts for the supply of goods that are not pre-fabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
In addition, we refer to the judgment of the European Court of Justice (EuGH) of October 21, 2020, C-529/19: The right of withdrawal is also excluded for custom-made products if the ordered goods have not yet been produced.
5 Prices and Payment Terms
5.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices that include the statutory value-added tax. Additional delivery and shipping costs that may apply are separately indicated on the product pages, in the shopping cart, and during the ordering process.
5.2 With the update of the online shop, all previous prices and other information about goods become invalid. The price at the time of the customer's offer is binding, excluding the costs for custom-made products.
5.3 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These may include, for example, costs for money transfer by banks (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
5.4 The payment option(s) will be communicated to the Customer in the Seller's online shop.
5.5 If payment is agreed in advance by bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5.6 If payment is made using a payment method offered by PayPal, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
6 Delivery and Shipping Conditions
6.1 The delivery is carried out by a shipping company listed in the ordering process. Usually with DHL.
6.2 The delivery time is up to 10 days for items that are in stock. Any deviating delivery times will be indicated on the respective product page.
6.3 We will inform the consumer separately about the individual delivery time for custom-made products.
7 Retention of Title
If the Seller makes a delivery in advance, the Seller reserves the right to retain ownership of the delivered goods until the full payment of the purchase price owed.
8 Liability for Defects
8.1 If the purchased item is defective, the provisions of statutory warranty apply.
8.2 The Customer is requested to report any obvious transport damages to the carrier and to inform the Seller accordingly. Failure to comply with this obligation does not affect the Customer's legal or contractual warranty claims.
8.3 Damages caused by improper or non-contractual actions of the Customer, during installation, operation, or storage, do not entitle the Customer to any claims against the Seller.
8.4 The Seller does not provide any guarantee.
9 Transport Damages
9.1 Transport damages can only be recognized if visible external damages are recorded in the delivery confirmation by the delivery service upon acceptance of the delivery. The Customer must inform the Seller in writing or by email immediately, but no later than 48 hours after receiving the goods. The timeliness of the notification depends on the timely dispatch of the notice.
9.2 This provision does not affect the shortening of the statutory limitation periods.
10 Limitation of Liability
10.1 Customer claims for damages are excluded unless otherwise provided below. The above limitation of liability also applies to the legal representatives and agents of the provider if the Customer asserts claims against them.
10.2 Claims for damages due to injury to life, body, health, and claims for damages from the breach of essential contractual obligations are excluded from the liability exclusion specified in section 10.1. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. For example, the provider must deliver the item to the customer free from defects in material and legal title and transfer ownership to the customer. The liability exclusion also does not apply to liability for damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives, or agents.
11 Data Protection
Further information on data protection can be found in the seller's privacy policy.
12 Applicable Law
The laws of the Federal Republic of Germany apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods.
13 Dispute Resolution
13.1 The European Commission has established an internet platform for online dispute resolution (ODR). The platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14 Severability Clause
Should any provision of this contract be invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.