§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") form the basis for all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") via the website www.repaq.eu of the provider Superseven GmbH, Stöckenhoop 27 B, 21465 Wentorf b. Hamburg - DE, Tel. No.: +49 (0) 40 605 906 444, E-Mail: (hereinafter referred to as "Seller" or "we"/"us") with the Seller with regard to the goods presented by the Seller in its online store.
(2) Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with us, acts in the exercise of his commercial or independent professional activity.
(3) With the exception of the giveaways, the goods offered are in principle only intended for purchase by entrepreneurs. The seller reserves the right to refuse contracts with consumers for other goods.
§ 2 Conclusion of contract
(1) The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. Each order of the customer represents a binding offer to conclude a purchase contract for the ordered goods. By clicking the "Pay" button in the online store, the customer makes such an offer to purchase the goods contained in the shopping cart.
(2) The Seller will confirm receipt of the Customer's order in text form (usually by e-mail). This confirmation of receipt does not constitute a binding acceptance of the order. It serves as information for the customer about the submitted order and does not represent an acceptance on the part of the seller. The purchase contract is only concluded when the seller has shipped the ordered goods to the customer or has sent an express order confirmation. If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within a reasonable period of time, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
§ 3 Prices, shipping costs and terms of payment
(1) Unless otherwise stated, all prices quoted are net prices in euros plus the applicable value added tax and delivery and shipping costs. The current prices at the time of the order shall apply. The seller reserves the right to change the prices stated in the online store before the conclusion of the contract. In such a case, the Seller's order confirmation shall constitute an amending offer to conclude the contract, so that the contract shall only be concluded upon separate acceptance by the Customer.
(2) Additional delivery and shipping costs are indicated separately in the respective product description and are to be borne by the customer. The seller delivers to Germany, Austria and other countries of the EU, Norway, Switzerland and Great Britain.
(3) The customer has various payment options such as credit card, instant bank transfer or PayPal.
If you choose the payment method Sofortüberweisung, you will be redirected to the website of the online provider Sofort GmbH after submitting the order. In order to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited. If the payment method PayPal is selected, the customer pays the invoice amount via the online provider Paypal. The customer must always be registered there or register first, legitimize with his access data and confirm the payment instruction (exception if necessary guest access). Further instructions are given during the ordering process.
(4) If the method of payment selected by the Customer is not feasible despite contractual execution on the part of the Seller, in particular if a debit from the Customer's account is not possible due to lack of funds or due to the provision of incorrect data, the Customer shall reimburse the Seller or its vicarious agents for any additional costs incurred as a result.
§ 4 Set-off and right of retention
(1) The Customer shall not be entitled to set-off against claims of the Seller unless the Customer's counterclaims have been legally established or are undisputed. The Customer shall also be entitled to set off against the Seller's claims if the Customer asserts notices of defects or counterclaims arising from the same purchase contract.
(2) The Customer may only exercise a right of retention if its counterclaim arises from the same purchase contract.
§ 5 Delivery and shipping conditions
(1) The delivery of goods shall be made by shipping to the delivery address specified by the customer. The stated delivery times are not binding. The risk is transferred to the customer when the goods are handed over to the person carrying out the transport or when the goods have left the seller's warehouse for the purpose of shipment.
(2) If the ordered goods are not available in time or not available at all, the Seller will inform the Customer immediately. In such a case, if the delivery is delayed, the Customer is free to wait for the ordered goods or to withdraw from the contract or to cancel the order; in case of impossibility of delivery, both parties are entitled to withdraw from the contract. In the event of withdrawal, any consideration already paid by the Customer shall be refunded.
(3) The Seller shall be entitled to make partial deliveries to the extent that this is reasonable for the Customer. If a partial delivery is made at the instigation of the Seller, no additional shipping costs shall be incurred. Additional shipping costs will only be charged if the partial delivery is made at the express request of the Customer.
(4) If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal as a consumer, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.
(5) If the customer withdraws from a placed order without justification, we take the liberty of demanding 10% of the sales price for processing the order. In the case of custom-made goods or goods purchased specially at the request of the customer, the customer is obliged to pay 50% of the purchase price in the case of unjustified withdrawal. The customer reserves the right to prove that a lesser damage has occurred. Returns, with damaged or opened goods arrive at us, which do not correspond to the shipping carton, we can not accept.
§ 6 Retention of title
The goods remain the property of the seller until full payment of the purchase price.
§ 7 Warranty
(1) If the purchased goods are defective, the provisions of the statutory liability for defects shall apply to consumers.
The customer as a consumer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. In the event of a complaint due to a defect in the goods, the customer as a consumer is requested to document the defect in detail (if necessary by means of a photo) so that the defect can be identified and traced by the seller. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
(2) Insofar as the Customer is an entrepreneur, the following shall apply in deviation from the above warranty provisions:
Obvious defects must be reported immediately after receipt of the goods in commercial transactions. Hidden defects must be reported in writing immediately after their discovery. If the purchaser fails to give notice of defects in due time and form, the goods shall be deemed approved.
Only our own specifications shall be deemed to be agreed as the quality of the item, but not other advertising, public praise.
In deviation from the statutory provisions, the warranty period shall be one year from delivery of the goods. Excluded from the reduction are damages due to intent or gross negligence or culpable injury to life, limb and health or if the seller has fraudulently concealed the defect or has assumed a guarantee for the condition or in the case of statutory recourse claims.
§ 8 Liability
The Seller shall be liable in cases of intent or gross negligence and in cases of injury to life, body or health in accordance with the statutory provisions. In all other cases, the Seller shall only be liable in accordance with the Product Liability Act and for the breach of essential contractual obligations, the fulfillment of which is a prerequisite for the performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. The Seller shall also be liable insofar as it has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item. The same shall apply to breaches of duty by vicarious agents. The seller is not liable for incompatibilities and negative interactions of the customer product with the goods.
§ 9 Copyrights
The seller has copyrights to all images and texts published in his online store. Use is not permitted without the express consent of the seller.
§ 10 Note on data processing
The seller collects data from the customer in the course of processing contracts. He observes the applicable data protection laws. Without the consent of the customer, the seller will collect, process or use inventory and usage data of the customer only to the extent necessary for the execution of the contractual relationship. In all other respects, reference is made to the Seller's data protection declaration.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to all legal relationships with the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall apply to consumers only to the extent that the protection granted is not thereby withdrawn by mandatory provisions of the state in which the consumer has his habitual residence.
(2) The Seller may, in consultation with the Customer, use the Customer as a reference for marketing purposes. This includes, for example, the naming as a "new customer", the creation of "success stories", the naming on the website or selected reference information.
Furthermore, the Seller may, in consultation with the Customer, publicly reproduce or refer to the services provided for demonstration purposes, unless the Customer can claim a contrary legitimate interest.
(4) If the order is placed as a merchant, legal entity under public law or holder of a special fund under public law, if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence is moved abroad after the conclusion of the contract, the place of jurisdiction for any disputes arising from the business relationship between the customer and the seller shall be the registered office of the seller. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected.
(5) Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
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