§ 1 Scope
The version of the General Terms and Conditions (AGB-PPV) that was in effect at the time the items were ordered solely applies to the business relations between Sundtek Ltd. and the person ordering. Sundtek Ltd. will not acknowledge any deviation terms and conditions of the person ordering unless Sundtek Ltd. expressly consented to their validity in writing prior to the conclusion of the contract. § 2 Registration
1 The contract is formed between the person ordering and Sundtek Ltd. at the time the order was placed online with the Sundtek Ltd. Online Shop. The person ordering receives an e-mail from Sundtek Ltd. confirming receipt of the order and specifying all further details. This e-mail also represents the online invoice. A printed version of the invoice will be sent with the order. If the person ordering needs a valid invoice according to § 14 sub-section 4 of the VAT law (UStG) for the purpose of input tax deductions, Sundtek Ltd. will immediately send same to him upon request.
2 A sales contract only exists for the products specified in the confirmation e-mail.
3. The purchaser can revoke the contract within 2 weeks after receipt of the goods. The revocation must be effected in writing (also by e-mail) or by returning the goods. To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions.
4. The purchaser is obliged to pay the usual costs of the return consignment, if the delivered goods correspond to the ordered goods and if the value of the returned goods has a gross amount of up to 40,00 EURO or if, at the time of revocation and in the case of a higher value of returned goods, the purchaser has not paid the respective price or an instalment that has been contractually agreed on. The return consignment is otherwise free of charge for the purchaser.
§ 4 Delivery, cost of delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from Sundtek Ltd. to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. Should the gross amount of the goods delivered amount to less than 100,00 EURO, the purchaser has to pay for the delivery costs. The purchaser has to pay for the delivery costs, if the goods are to be sent abroad, irrespective of the gross amount of the goods delivered.
3. The delivery costs for consignments within Germany amount to 5,06 EURO. If the purchaser requires the consignment to be sent by special service providers (e.g. express delivery) or if the consignment has to be sent abroad, Sundtek Ltd. will inform the purchaser of the delivery costs on request.
§ 5 Payment, maturity and default
1. If goods are ordered nationally, the purchaser has to pay the price exclusively by credit card or direct debit.
2. If the purchaser is in default of payment, Sundtek Ltd. shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If Sundtek Ltd. suffers a higher loss (e.g. due to return debit notes), Sundtek Ltd. can demand for reimbursement of the higher loss instead of default interest.
3. The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods. § 6 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Sundtek Ltd. § 7 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Sundtek Ltd.. § 8 Liability for defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Sundtek Ltd. is therefore not liable for any damages except for damages to the actual delivered goods.
2. The disclaimers of warranty or limitation of liability specified in paragraphs 1 here in are also applicable to Sundtek Ltd. employees, representatives and vicarious agents.
3. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
4. In those cases where Sundtek Ltd. provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Sundtek Ltd. at the expense of Sundtek Ltd. within 30 days of receipt of the replacement delivery.
5. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser. § 9 Data protection
Personal data that Sundtek Ltd. has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations. § 10 Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.