General Business Terms and Conditions

General Business Terms and Conditions of sumageza.com

 

Section 1: In general; definitions

(1)      All offers, purchase contracts, deliveries, and services based on orders placed by our customers (each hereinafter, a “Customer”) on our website https://sumageza.com (hereinafter, the “Website”) or by email, phone, or fax are subject to these General Business Terms and Conditions.

(2)      The products offered on our Website are aimed at consumers and entrepreneurs alike. For the purposes of these General Business Terms and Conditions, (i) a consumer means every natural person who enters into a contract for a purpose that is outside his trade, business or profession (section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB]), and (ii) an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into contract, acts in exercise of his or its trade, business or profession (section 14, para. 1 BGB).

(3)      The Customer’s business terms and conditions are not applicable, even where we do not expressly reject their validity in a given case.

(4)       Contracts with the Customer are concluded exclusively in English.

Section 2: Conclusion of contract

(1)      The depiction of our products on the Website does not constitute a binding offer but rather a non-binding online catalogue.

(2)       By submitting an order on the Website, the Customer makes a binding offer to purchase the relevant product. We can accept the offer until the end of the third business day following submission of the offer.

(3)       Following receipt of the offer, we will promptly send the Customer a confirmation that we received it, which does not constitute acceptance of the offer. The offer is not deemed accepted until we declare to the customer that we have accepted it or dispatch the goods. The purchase contract with the Customer does not come into effect until our acceptance. Acceptance is subject to the reservation that the ordered goods are available. Where necessary, the Customer will be made aware by separate notice of possible errors in the information concerning the products offered on the Website, in which case a corresponding counteroffer will be made to him.

(4)       All offers are non-binding and subject to change. If, after the contract is concluded, it is determined that the ordered goods are no longer available or for some other reason can no longer be delivered, the Customer will be promptly informed thereof. Payments already received will be promptly refunded to the Customer.

(5)      Every Customer who is a consumer is entitled to revoke the offer pursuant to the separate notice concerning revocation and return, which is provided to him in connection with placing the order on our Website, and to return the goods.

(6)      In any case, we reserve the right to refuse to conclude the contract, without providing reasons. We will   promptly notify the Customer thereof.

(7)       We sell our products only in customary household amounts.

(8)       We do not offer products for purchase by minors. If you are under the age of 18, you may use our Website only with the participation of a parent or guardian.

Section 3: Prices; payment

(1)      We ship the goods only against advance payment. The Customer may pay the purchase price by credit card, Sofortüberweisung.de, Paypal, or Stripe.

(2)      The listed prices are final prices, including any value-added tax, plus shipping costs. The Customer bears customs duties and similar charges (for customs duties, cf. Section 4, below).

(3)      The Customer has no right of set-off or retention, unless the counterclaim is uncontested or has been reduced to an enforceable judgment. The Customer is entitled to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.

Section 4: Customs

If you order products from us that are to be delivered outside of the EU, you may be subject to import duties and taxes that are imposed once the package reaches its place of destination. You are responsible for paying all additional charges for customs clearance. We have no influence over these charges. Customs regulations differ significantly from country to country, and as a result, you should contact your local customs authorities for more information. Furthermore, please note that, with orders, you are considered by us to be the importer and must comply with all laws and regulations of the country in which you receive the products. Protection of your data is important to us, and we would like to inform our international Customers that international deliveries may be subject to opening and inspection by customs authorities.

Section 5: Statutory right of revocation for consumers; exclusion and premature expiry; notice concerning revocation

Consumers are entitled to a right of revocation pursuant to the following terms, whereby a consumer means every natural person who enters into a legal transaction for a purpose that is primarily outside his trade, business or profession.

NOTICE CONCERNING REVOCATION

Statutory right of revocation

You have the right to revoke this contract within 14 days without providing reasons.

The revocation deadline amounts to 14 days, starting on the date on which you, or a third party designated by you who is not the shipper, took possession of the goods.

In order to exercise your right of revocation, you must notify us (SUMAGEZA – Soumaya Zairi, Untere Knollstraße 17, 49179 Ostercappeln, Germany, tel: +49 (0) 5473 957889, fax: +49 (0) 5473 8019853, mobile: +49 (0) 174 9327057, email: soumaya.zairi@sumageza.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by mail, a fax, or an email). For this purpose, you may use the attached model revocation form, although this is not mandatory.

The revocation deadline is considered met if you send the notification about exercising the right to revocation prior to expiry of the revocation deadline.

Consequences of revocation

If you revoke this contract, we must promptly refund to you – not later than 14 days following the date on which we received notification about your revocation of this contract – all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a type of delivery different from the lowest-cost standard delivery offered by us). In making this refund, we use the same form of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged fees for this refund. We may refuse to make the refund until the goods have been returned to us or until you provide proof that you have sent back the goods, whichever is earlier.

You must send back or turn over the goods to us promptly, but in an event not later than 14 days following the date on which you notify us about revocation of this contract. The deadline is considered met if you send the goods prior to expiry of the deadline of 14 days.

You bear the direct cost for the return shipment of the goods.

You are responsible for any loss in value of the goods only if such loss in value is attributable to your having handled the goods in a manner not necessary to verify their characteristics, features, and functioning.

END OF NOTICE CONCERNING REVOCATION

Exclusion or premature expiry of the right of revocation

There is no right of revocation with contracts

- for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is essential or that are clearly customised to meet the consumer’s personal needs;

- for the delivery of goods that are highly perishable or whose expiry date would be quickly exceeded;

- for the delivery of alcoholic beverages whose price was agreed to upon contract conclusion but that can be delivered, at the earliest, 30 days after contract conclusion and whose current value depends on market fluctuations over which the entrepreneur has no influence;

- for deliveries of newspapers or magazines, with the exception of subscription contracts.

The right of revocation expires prematurely with contracts

- for the delivery of sealed goods that for reasons of health protection or hygiene are not suitable for return if the seal has been removed after delivery;

- for the delivery of goods that were combined with other goods following delivery in a manner that, because of their characteristics, makes them inseparable from such other goods;

- for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

Section 6: Shipment of the goods

(1)      Dates and deadlines indicated by us for the shipment of the goods are always approximate only and constitute merely anticipated details and approximate indications. For this reason, they may permissibly be exceeded by up to two business days. The foregoing does not apply if a fixed shipment date was agreed to.

(2)      All delivery deadlines indicated by us when the order was placed or otherwise agreed to begin to run on the date on which the entire purchase price was received (including any value-added tax, shipping costs, and any additional charges/customs duties).

(3)      The date on which we turn over the goods to the shipping company is solely controlling as to compliance with the shipping deadline.

(4)      If a delivery deadline was not indicated or agreed to, shipment within three weeks, starting on the controlling date pursuant to paragraph 1, is deemed agreed to.

(5)      If the goods cannot be delivered on time, we will promptly notify the Customer of this. If the goods are not available for the foreseeable future, we are entitled to rescind the contract. In the event of rescission, we will promptly refund to the Customer the payments he made to us. The Customer’s statutory rights concerning default in delivery are not affected by the above arrangement.

Section 7: Shipment; shipping costs; transfer of risk

(1)      Unless expressly agreed otherwise, we determine the appropriate method of shipment and the transport company in our discretion.

(2)      We are liable only for timely and proper consignment of the goods to the transport company and are not responsible for delays caused by the transport company. For this reason, a shipping time designated by us is non-binding.

(3)       If the Customer is a consumer, risk of accidental loss or damage of the delivered goods passes to the Customer at the point at which the goods are delivered to the Customer or at which the Customer defaults on acceptance. In all other cases, risk passes to the Customer with the consignment of the goods to the transport company.

(4)      Shipping costs amount to:

·  Within Germany:

 No shipping costs are requested, regardless of the order value.

 Upon request, we offer the Customer the option of express shipment, for which a fee is charged.

 

·   Within the EU (other than Switzerland):

 No shipping costs are requested, regardless of the order value.

 Upon request, we offer the Customer the option of express shipment, for which a fee is charged.

 

·   Worldwide (including Switzerland):

Shipping costs amount to EUR 45.00, regardless of the order value.

Upon request, we offer the Customer the option of express shipment, for which a fee is charged.

Section 8: Retention of title

(1)      We retain title to the goods delivered by us until payment in full of the purchase price (including value-added tax, shipping costs, and any additional charges/customs duties) for the relevant goods.

(2)      Absent our prior written consent, the Customer is not entitled to resell goods delivered by us and still subject to retention of title.

Section 9: Statutory warranty rights

(1)      If the delivered goods have a material defect, the Customer may initially demand elimination of the defect or delivery of defect-free goods. However, if the Customer is an entrepreneur, we may choose between eliminating the defect or delivering a defect-free item, whereby this choice may be made only through notification in text form (including by fax or email) to the Customer within three business days of receipt of the notification concerning the defect. We may refuse the type of cure chosen by the buyer if this is feasible only with unreasonable costs.

(2)      If the cure pursuant to section 9(1) fails or the Customer cannot be reasonably expected to accept it, or if we refuse the cure, the Customer is entitled in each case pursuant to applicable law to rescind the purchase contract, to reduce the purchase price, or to demand damages or compensation of fruitless expenses. For claims by the Customer for damages, the special provisions of section 10 of these General Business Terms and Condition are also applicable.

(3)      The warranty period amounts to two years, starting with delivery, if the Customer is a consumer, otherwise 12 months.

(4)      The following applies only to entrepreneurs: The Customer must carefully inspect the goods promptly following dispatch. The delivered goods are deemed approved by the Customer unless a defect is made known to us (i) in the case of obvious defects, within five business days of delivery or (ii) in all other cases, within five business days of discovery of the defect.

Section 10: Liability

(1)       We are not liable, regardless of legal basis, for damages that are not typically to be expected with normal use of the goods. We are moreover not liable for damages from loss of data where recovery is impossible or made difficult due to lack of or insufficient data backup. The aforementioned limitations on liability do not apply in the case of wilful misconduct or gross negligence.

(2)       We are furthermore not liable for the negligent breach of material duties whose breach threatens the achievement of the contract purpose or whose fulfilment is a precondition to proper fulfilment of the contract and on whose compliance you are entitled to rely. In such case, however, we are liable only for foreseeable damages typical of this type of contract. We are not liable for the negligent breach of duties other than those set forth in the preceding sentences.

(3)      The limitations of this section 10 do not apply to our liability for guaranteed characteristics within the meaning of section 444 BGB, liability based on injury to life, body, or health, or liability under the German Product Liability Act (Produkthaftungsgesetz).

(4)      The aforementioned limitations on liability also apply in favour of Sumageza’s statutory representatives and persons used to perform an obligation (Erfüllungsgehilfen).

Section 11: Consent

(1)      By using this website, you declare that you are in agreement with the processing by Google of the data collected about you and with the type of data processing described in our data protection statement (of its availability as a PDF file in the bottom menu bar "Security and Privacy Policy" of this website is expressly advised), as well as with the described purpose.

(2)      You furthermore declare that you are in agreement with the storage of your IP address in connection with the creation of a customer account and/or an order placed on our Website.

(3)      If you order our newsletter, you declare that you are in agreement with our using your email    address for the purposes of our own advertising.

(4)      In the cases set forth in section 11, data collection and storage can be objected to at any time with prospective effect. We again make reference in this regard to our data protection statement (please consult the relevant PDF file under the bottom menu bar "Security and Privacy Policy" of this website).

Section 12: Place of jurisdiction; applicable law

(1)       Subject to mandatory provisions of international private law, the purchase contract existing between us and the Customer is subject to the law of the Federal Republic of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2)        If the Customer is a merchant within the meaning of section 1, para. 1 of the German Commercial Code (Handelsgesetzbuch, HGB), a legal person under public law, or a special fund under public law, the courts of Osnabrück have exclusive jurisdiction over all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we may bring suit against the Customer - or the Customer against us - before any court having competence based on statutory provisions.

Section 13: Severability; amendments

If any one or more provisions of these General Business Terms and Conditions should be legally ineffective or subsequently lose their legal effectiveness, whether in whole or in part, the validity of the contract is unaffected in all other respects. In such case, the ineffective arrangement is to be replaced by the statutory arrangements.

We reserve the right at any time to make changes to our Website and amendments to our terms and conditions, including these General Business Terms and Conditions. Applicable to your order are the General Business Terms and Conditions that are in effect at the time you place your order, unless an amendment to these terms and conditions is necessary by statute or by official order.

Section 14: Operators of the Website

The website offered at the domain https://sumageza.com is operated by Sumageza- Soumaya Zairi, Commerce in leather goods, whose legal representative is

Soumaya Zairi

Untere Knollstraße 17

49179 Ostercappeln

Germany

 

Tel: +49 (0) 5473 957889

Fax: +49 (0) 5473 8019853

Mobile: +49 (0) 174 9327057

e-mail: soumaya.zairi@sumageza.com

 

VAT ID No.: DE 278041285

Last viewed