General Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between us (SimplyCodes GmbH, Turmstraße 49, 23843 Bad Oldesloe [Legal information]) and our customers via our online store. In addition to the provisions of these GTC, the statutory provisions shall apply.
(2) Deviating, conflicting or supplementary GTC of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
§ 2 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation or advertising of goods in our online store does not constitute a binding offer to conclude a purchase contract.
(2) In the online store, the customer's order is sent to us after clicking the "buy" button.
The order represents a legally binding offer to which the customer is bound for 7 calendar days. A possible right of revocation according to § 3 remains unaffected.
(3) After receipt of the order by us, we will immediately confirm the receipt of the order to the customer by e-mail. The order confirmation does not constitute acceptance of the contractual offer, unless acceptance is declared at the same time.
(4) A contract between us and the customer is concluded, by declaration of acceptance by e-mail or by delivery of the ordered goods.
(5) Only the German language is available to the customer for the conclusion of the contract.
(6) Before submitting a binding order in the online store, it is possible to save the text of the contract. We ourselves do not save the text of the contract concluded with the customer. In addition, the customer receives the contract terms with details of the ordered goods including these terms and conditions and the cancellation policy by e-mail.
§ 3 Right of revocation / Exclusion of the right of revocation
If the customer concludes the purchase contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity ("consumer"), he shall be entitled to the following right of revocation:
Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (SimplyCodes GmbH, Turmstraße 49, 23843 Bad Oldesloe, +49 (0) 1522 7800630 (no telephone support), email@example.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose, but it is not mandatory.
In order 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 the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of 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 because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to [insert here the name and address of the person authorized by you to receive the goods, if applicable] without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion and premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated 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 the case of contracts for the delivery of digital content that is not stored on a physical data carrier, the revocation period shall be triggered upon conclusion of the contract (Section 356 (2) no. 2 BGB).
The customer's right of revocation in the case of a contract for the delivery of digital content that is not on a physical data carrier shall expire prematurely if
the entrepreneur begins with the execution of the contract (Section 356 (5) BGB),
after the consumer has expressly consented to the commencement of the performance of the contract prior to the expiry of the revocation period (Section 356 (5) no. 1 BGB) and
the consumer confirms his knowledge of the loss of the right of withdrawal (§ 356 para. 5 no. 2 BGB).
§ 4 Delivery costs / delivery period / availability
(1) If the product is not available at the time of the order, we will inform the customer immediately. If the product is permanently not available, we do not accept the customer's offer of contract, so that a contract is not concluded. If the product is only temporarily unavailable, we will also inform the customer immediately.
(2) The delivery time is approximately one business day, unless a different delivery time is specified in our online store or something else has been agreed. The delivery time begins with the conclusion of the contract.
§ 5 Prices and payment terms
(1) The purchase prices in our online store are gross prices including the statutory sales tax. The total price including VAT is displayed to the customer on the order overview page before the order is placed.
(2) The purchase price shall become due upon conclusion of the purchase contract.
(3) The following means of payment are available to the customer: PayPal, Sofort, Giropay, credit card, Trustly, SEPA bank transfer.
§ 6 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 7 Warranty
The warranty for material defects or defects of title of delivered goods - subject to the provision in § 8 - is governed by the applicable statutory provisions, in particular § § 434 et seq. BGB.
§ 8 Liability
(1) We shall be liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, limb and health as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us as well as in accordance with the Product Liability Act.
(2) We shall also be liable in the event of a slightly negligent breach of an essential contractual obligation. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability shall be limited to compensation for the foreseeable damage typical for the contract.
(3) In all other respects, liability for damages and reimbursement of expenses - on whatever legal grounds - shall be excluded.
(4) The above provisions shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
§ 9 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made.
§ 10 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution. This can be found at https://ec.europa.eu/consumers/odr/.
(2) We are not willing and not obliged to participate in a dispute resolution procedure.