General terms and conditions
Welcome to our website. Your contractual partner is the company Südtechnik, owner Tobias Baumeister, Balingen (hereinafter also referred to as "the supplier")
§ 1 Scope of application
(1) Our General Terms and Conditions apply to all goods offered by us, Südtechnik (hereinafter referred to as "the supplier"), in accordance with the contract concluded between us and the customer.
(2) These General Terms and Conditions apply both to contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) and to contracts with customers who are entrepreneurs within the meaning of Section 14 BGB. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) These GTC shall apply exclusively to the legal relationship between us and the customer. Any deviating GTCs of customers are hereby expressly rejected. Deviating general terms and conditions of the customer shall not apply even if we do not expressly object to them individually.
§ 2 Subject matter of the contract
This contract governs the customer-specific manufacture and delivery of mounting stands for bicycles and e-bikes. Other products include stainless steel license plate holders for cars, motorcycles, US cars, quads and trikes.
For details of the respective offer, please refer to the product description in the respective contract or the order confirmation.
(2) These GTC can be viewed at any time on the Supplier's website or can be requested from the Supplier in text form. https://www.suedtechnik.de/
§ 3 Conclusion of contract
The products presented on the Suedtechnik website do not yet constitute a binding offer, but a non-binding invitation to submit customer inquiries.
Customer inquiries can be sent to the provider via the corresponding contact form or by e-mail.
After processing the customer inquiry, usually within 2 working days at the latest, a cost estimate will be sent to the customer. The provider shall be bound by the cost estimate for a period of 14 days, unless a different period is specified therein, and a binding contract shall be concluded when the customer places a binding order on the basis of the cost estimate and the provider accepts this contractual offer by sending an order confirmation or invoice by email to the address provided by the customer.
§ 4 Prices and terms of payment
(1) Our prices result from the individual offer of the provider and already include the value added tax as well as the openly shown shipping costs.
(2) The customer has the option of paying by invoice. Further payment options are shown on the website and the invoice is due in advance or no later than 20 days after receipt of the goods, depending on the agreement. In the case of several individual deliveries, the respective enclosed invoice shall be due for payment 20 days after receipt of the respective individual delivery.
(4) Default of payment shall occur automatically at the latest 30 days after receipt of the goods and receipt of an invoice or equivalent payment schedule. The statutory provisions regarding the consequences of default in payment shall apply.
(5) Note: In the event of continued non-payment of outstanding invoices, we intend to instruct a debt collection service or lawyer. We shall be reimbursed by the customer for any legal costs incurred as a result (in particular court costs, costs of enforcement bodies, investigation costs, etc.).
(6) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed, have been recognized by the provider or are synallagmatically linked to the provider's main claim. If the Customer is an entrepreneur, he shall only be authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Obligations of the Customer - Consent to data transmission
The Customer shall be obliged to send the Provider the data required for the production of the ordered parts (in particular dimensions, quantities, material, use) completely and correctly with the order. No assessment shall be made as to whether parts manufactured on the basis of the data sent by the customer are suitable for fulfilling a specific function or can be used for the purposes intended by the customer. The customer undertakes to make this assessment independently before sending the order. We are of course happy to assist in this process. Liability for the quality or functionality of the parts is excluded insofar as this is based on incorrect information or data provided by the customer.
§ 6 Retention of title and other reservations
(1) Ownership of our goods is reserved until all claims against the customer have been settled. In the case of entrepreneurs, this shall also apply if the specific goods have already been paid for.
(2) The customer must inform us immediately of any enforcement measures by third parties against the reserved goods, handing over the documents necessary for an intervention; this shall also apply to impairments of any other kind. The customer must inform the third parties of the existing rights to the goods in advance. If the customer is an entrepreneur, he shall bear our costs of an intervention insofar as the third party is not in a position to reimburse these.
(3) In the event of the resale of the reserved goods, the customer hereby assigns to the supplier as security the claims against his customers arising from the aforementioned transactions until all claims of the supplier against him have been fulfilled. If the goods subject to retention of title are processed, transformed or combined with another item, we shall become the direct owner of the manufactured item. This shall be deemed to be goods subject to retention of title.
(4) If the value of the security exceeds the Provider's claims against the Customer by more than 20%, the Provider shall, at the Customer's request, release securities to which the Provider is entitled to a corresponding extent at the Provider's discretion.
§ 7 Production - Terms of Delivery - Performance Deadlines - Default of Acceptance
(1) The production of the ordered parts shall be carried out either by the Provider itself or by a manufacturing partner of the Provider. The Supplier shall be entitled to outsource the production to such a manufacturing partner.
(2) The delivery times shall be communicated and agreed individually in the offer based on the customer-specific requirements for the parts. The goods can be collected by our customers from the company headquarters in Balingen. If shipment has been agreed, the goods shall be delivered by dispatch to the delivery address specified by the buyer, unless otherwise agreed.
(3) If delivery periods have been specified by the supplier or made the basis for placing the order, such periods shall be extended in the event of strikes and cases of force majeure, for the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer in this respect. If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or provision at the place of collection, in the case of consumers or in the case of shipment upon delivery of the goods to the selected service provider.
§ 8 Product quality - warranty - limitation period
(1) In the event of a defect, the provider reserves the right to choose the type of subsequent performance. Rights in the event of failure of subsequent performance shall remain unaffected.
(2) The warranty period for all goods shall be limited to a period of two years, with the exception of claims for defects due to injury to life, limb or health and claims for damages due to gross negligence or willful misconduct. In this respect, the statutory limitation periods shall apply. The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected.
(3) In the case of entrepreneurs, if the transaction is a mutual commercial transaction, liability for defects is excluded insofar as the customer does not comply with his obligation to inspect and give notice of defects in accordance with § 377 HGB.
(4) The Customer shall not receive any guarantees in the legal sense from the Provider, and all recommendations or design modifications, design analyses, simulations, contract developments, general recommendations or other technical information provided by the Provider and its personnel or commissioned third parties shall merely constitute non-binding assistance for the Customer. No binding statements regarding the manufacturability or fulfillment of the purpose of the goods are made or substantiated herewith.
§ 9 Right of withdrawal
Withdrawal policy for consumers
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise the right to cancel, you must inform us, the company:
Südtechnik
Owner Tobias Baumeister
Neue-Balinger-Strasse 18/1
72336 Balingen
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. We recommend that you return the goods in a cardboard box, as a return in a shipping bag may be classed as bulky goods. Please make sure that you use a shipping method with shipment tracking to avoid loss of the shipment. We recommend DHL parcel shipping. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, I shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. Please note: You bear the direct costs of returning the goods in the event of a return. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Right of withdrawal for entrepreneurs - Cancellations
(1) Customers who are entrepreneurs are not entitled to a right of withdrawal. Entrepreneurs are 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.
(2) The customer can cancel an order in part or in full at any time by sending a message to: info@suedtechnik.de. Cancellation becomes effective upon receipt of this message by the provider. If an order is canceled, the Provider reserves the right to charge the Customer for all costs incurred by the Provider up to the time of cancellation in connection with the execution of the order.
§ 10 Intellectual property rights to texts, illustrations and files
All intellectual property rights to texts, illustrations and files made available to the Customer by the Provider shall remain with the Provider. The Customer is not permitted to reproduce, modify, make accessible to third parties or otherwise use any texts, illustrations and files provided by the Provider without the written consent of the Provider.
§ 11 Confidentiality obligation
Both parties undertake to maintain confidentiality with regard to the details of this contract and with regard to all information that they receive about the respective other contractual partner within the framework of this contractual relationship or that comes to their knowledge, unless this information is already publicly accessible or is to be regarded as public knowledge. The Provider is entitled to disclose such information to third parties insofar as this is necessary for the execution of this contract.
§ 12 Exclusion of liability
(1) The liability of the Provider for contractual breaches of duty and for tort is limited to intent and gross negligence. This does not apply to injury to life, limb or health and compensation for damages caused by delay (§ 286 BGB) or the breach of essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. In this respect, the provider is liable for any degree of fault. Otherwise, there shall be no liability.
(2) In the event of a breach of essential contractual obligations, liability shall be limited to the amount of foreseeable damage typical for the contract.
(3) In the event of a delay in delivery not caused intentionally or by gross negligence on the part of the Provider, the Provider shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value. Further statutory claims and rights of the customer due to a delay in delivery shall remain unaffected.
(4) The above limitations of liability shall also apply to slightly negligent breaches of duty by vicarious agents. Insofar as the liability for damages against the provider is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of the provider.
§ 13 Arbitration clause
For contracts with consumers within the meaning of § 13 BGB:
EU dispute resolution
The European Commission provides a platform for online dispute resolution (OS):https://ec.europa.eu/consumers/odr.
Note:
We are not obliged, but willing, to participate in dispute resolution proceedings before a consumer arbitration board.
For contracts with entrepreneurs within the meaning of Section 14 BGB:
Arbitration agreement
(1) Agreement: In the event of differences of opinion, the contracting parties undertake to conduct an arbitration procedure with the aim of reaching a fair agreement in line with their interests by means of mediation with the support of a neutral arbitrator, taking into account the economic, legal, personal and social circumstances. All disputes arising in connection with these General Terms and Conditions or their validity shall be settled in accordance with the arbitration rules of the Frankfurt am Main Chamber of Industry and Commerce.
(2) Appointment of the arbitrator: The parties shall jointly appoint the arbitrator. If no agreement is reached on the person of the conciliator, the conciliator shall be appointed by the conciliation body. The appointment shall be binding on the parties.
(3) Costs of conciliation: The parties shall each bear half (or a proportionate share) of the costs of conciliation, unless otherwise agreed.
(4) Recourse to the ordinary courts in the event of failure: If a viable solution is not reached in the conciliation proceedings, both parties shall be free to appeal to a competent court.
(5) Exceptions: However, the parties shall not be prevented from conducting summary court proceedings, in particular centralized court dunning proceedings, attachment proceedings or interim injunction proceedings.
§ 14 Place of jurisdiction and applicable law
(1) The statutory provisions on the places of jurisdiction shall remain unaffected, unless otherwise provided for in the special provision of paragraph (2).
(2) If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. Foreign consumer protection law shall remain unaffected.
(3) The law of the Federal Republic of Germany shall apply to this contract, unless mandatory consumer protection law applies.
§ 15 Ethics clause
We voluntarily adhere to the following requirements, among others:
(1) Our products must not violate any national or international laws. This also includes laws on trade in endangered species.
(2) Our products must not be unsafe.
(3) Our products must not infringe intellectual property rights or violate laws or guidelines against product piracy.
(4) We also expect our customers to behave in a legally compliant manner.
§ 16 Data protection
(1) Further information on the personal data collected and its use can be found in our privacy policy.
(2) The customer agrees that personal data required within the scope of the contractual relationship may be stored in accordance with our privacy policy; the same applies to offer data.
§ 17 Severability clause
(1) Should individual provisions of this contract be invalid or void in whole or in part or become invalid or void in whole or in part as a result of a change in the legal situation or due to supreme court rulings or in any other way, or should this contract contain loopholes, the parties agree that the remaining provisions of this contract shall remain unaffected and valid.
(2) In this case, the contracting parties undertake, taking into account the principle of good faith, to agree a valid provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision and which it can be assumed that the parties would have agreed at the time of conclusion of the contract if they had known or foreseen the invalidity or nullity. The same applies if this contract should contain a loophole.
§ 18 other languages
If there are different versions of these general terms and conditions in other languages, the current version of the German version shall apply in case of doubt.
Form
Sample withdrawal form for consumers (If you wish to withdraw from the contract, please fill out this form and send it back.)
- To
Südtechnik
Owner Tobias Baumeister
Neue-Balinger-Strasse 18/1
72336 Balingen
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as applicable.
