Supplier and contracting parties
SPL electronics GmbH
Phone: +49 (0) 2163 98340
Fax: +49 (0) 2163 983420
VAT Reg. No: DE264243274
WEEE Reg. No.: DE97334988
Registry court: Amtsgericht Moenchengladbach
Registry number: HRB 10008
Dipl.-Ing. Heinz Middelkamp
As of: 07/2020
§ 1 – Scope of application
(1) These conditions of SPL electronics GmbH (hereinafter referred to as: “the seller”) apply to all sales, deliveries and services of the seller, which the customer buys from the seller via the online shop. Inclusion of conditions stipulated by the customer is rejected, unless the parties have expressly agreed otherwise.
(2) “Customers” are both consumers and business people, whereby a consumer is any natural person who is concluding a legal transaction which cannot be primarily attributed to their commercial or independent professional activities. In contrast, a business person is any natural person, legal entity or partnership with a legal capacity that concludes a legal transaction, while undertaking a self-employed or commercial professional activity.
§ 2 – Conclusion of contract
(1) The seller’s product offers merely represent an invitation to the customer to make an offer to purchase. By ordering, the customer makes a binding offer to purchase from the seller. The acceptance of this purchase offer by the seller shall first be given by means of a confirmation of order within two business days after receipt of the purchase offer.
(2) The process of ordering by the customer starts when a product is placed in the shopping basket. This is done using the “Add to cart” button on the product details page. The customer can go into his personal shopping cart at any time via the symbol button “Shopping cart” in the upper menu bar. The customer can then change the number of products by entering the desired number and confirming using the button “Update cart” or remove a product from the cart using the button “X”.
If the customer has already registered for the seller’s online shop, he can complete his order using the “Proceed to checkout” button and enter his registered email address and associated password using the link “Returning customer? Click here to login”.
If the customer has not registered yet, he must first enter his personal information on the registration form, and then open a customer account with the seller later, if desired. For this, the field “Create an account” must be activated.
Then the customer can select one of the despatch and payment methods offered by the seller. In each chase, this is selected via a “click”.
Any corrections to the data entered which the customer wants to make can be made directly in the relevant entry field. Before the order is submitted, the customer must accept the seller’s Terms and Conditions and confirm acceptance of the cancellation policy. To do this, the customer must activate the fields “I accept the terms & conditions and I have understood the cancellation policy”.
The customer places a binding order for the products placed in the shopping cart by clicking on the button “Place binding order”.
(3) Order processing and contact are carried out via email, with the partial use of the automated purchase processing software. Therefore, the customer must ensure that the email address specified by him for order processing is correct so this can be used for correspondence. When using spam filters, the customer must ensure that all emails sent by the seller or its order processing service provider for order processing are received.
§ 3 – Saving the contract
In the confirmation of receipt of order, the customer receives an email with his order data, as well as the terms & conditions customer information and cancellation policy, plus a template of the cancellation form. The contract text will not be saved by the seller upon conclusion of the contract. Therefore, permanent back-ups of the offer must be made by the customer themselves (for example, through use of a screenshot).
§ 4 – Prices
The prices indicated by the seller include all price components including the respective statutory German value added tax. Value added tax shall be shown separately. Any additional costs for packaging and shipping will be shown separately for each product offering. Other price components, such as supplementary taxes, duties or other charges may be incurred for cross-border deliveries.
§ 5 – Payment terms
Payment can be made as follows:
– Payment by PayPal
After placing the order, the customer will be forwarded to the PayPal site, where the customer’s payment to the seller will be made. A pre-requisite for this is that the customer has an account with PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. In this regard, please consider the T’s & C’s of PayPal which you agreed to when you opened a customer account with PayPal.
– by credit card via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg.
After placing the order, the customer will be forwarded to the PayPal site, where the customer’s payment to the seller will be made by credit card. Debiting the bank account or the credit card depends on the processing of the customer’s banks or the customer’s credit card institution. In this regard, please consider the terms & conditions of PayPal which you agreed to when you opened a customer account with PayPal.
If you do not have a PayPal account, please note PayPal’s terms and conditions and processes for this.
– by direct debit via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg.
After placing the order, the customer will be forwarded to the PayPal site, where the customer’s payment to the seller will be made by SEPA debit. Debiting the bank account or the credit card by PayPal depends on the processing of the customer’s banks or the customer’s credit card institution. In this regard, please consider the terms & conditions of PayPal which you agreed to when you opened a customer account with PayPal.
If you do not have a PayPal account, please note PayPal’s terms and conditions and processes for this.
§ 6 – Delivery
(1) The delivery periods indicated for the products begin the day following the conclusion of the contract. Delivery shall take place within the delivery period indicated at the latest. If the last day of the delivery period falls on a Saturday, Sunday or nationally recognised public holiday at the receiving location, the next working day shall be used in lieu of this day.
(2) In the case of a delivery outside the EU member states and Switzerland, the latest delivery time specified for the products shall be extended by 5 working days.
§ 7 – Retention of title
(1) The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled.
(2) If the customer is a business person, legal entity under public law or special fund under public law, the retention of title also applies furthermore from the existing commercial relationship until all claims due to the seller with regard to the contract have been settled.
§ 8 – 30 Days Money Back Guarantee (extended right of return)
(1) In addition to the right of revocation within 14 days, the seller provides a 16 days money-back guarantee for customer for distance contracts according to § 312c BGB. It is possible for the customer to return products purchased at the Online Shop to the seller within 30 days through return delivery without giving reasons. The time limit starts to run after the complete receipt of the products. To keep the term, it is sufficient to manage a timely dispatch of the products or redemption requests. The right of return can only be realized through the returning of the products. A prior contacting of the seller is absolutely necessary.
(2) The product has to be returned to the seller in original packaging as well as in safe outer packaging, with all accessories and without signs of usage. The seller reserves the right to reduce the value replacement in form of a selling price refund or to refuse a withdrawal of the products and to return the products to the customer in case of a loss in value through obvious defects through usage.
(3) Please bear in mind that the the conditions laid down in § 8 do not apply in the first 14 days (legal right of revocation) of the 30 days money-back guarantee, but only in the following 16 days.
(4) The 14 days right of revocation prescribed by law remains unaffected from these provisions.
§ 9 – Liability for defects
(1) With regard to sales to business people, the limitation period for claims for defects in new products is one year from the transfer of risk. With regard to used items, any rights and claims due to defects are fundamentally excluded. The period begins again if a replacement is delivered as part of liability for defects.
(2) With regard to sales of used items to consumers, the limitation period for claims for defects is one year from delivery of the goods to the buyer.
(3) For business people, the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected. The same applies for business people and consumers with regard to a wilful breach of duty and fraudulent concealment of a defect. Furthermore, with regard to sales to business people and consumers, in accordance with the following paragraph (5) it applies that these limitations of liability do not extend to claims for damages and reimbursement of expenses, which the customer can assert due to a defect.
(4) For sales to a merchant deemed as such by commercial law (§ 1 HGB, German Commercial Code), the obligations for commercial inspection and providing notice of defects as defined in § 377 HGB shall apply. Should the statutory notification obligations be omitted, the goods are considered approved.
(5) In case of claims due to loss of life, bodily harm, injury or illness, the seller shall be fully liable for any legal reason. This also applies to malice and warranty promises or if the liability is based on mandatory statutory provisions, such as the product liability law.
(6) Otherwise, the statutory provisions shall apply.
§ 10 – Language of the contract
The contract languages are German and English.
§ 11 – Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) For consumers as per paragraph 1, the choice of law as defined in § 1 paragraph 2 sentence 1 only applies insofar as the consumer is not deprived of the protection granted by the law of the country in which s/he is customarily domiciled.
(3) The regulations concerning UN sales law are not applicable.
(4) If the customer is a merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction for all disputes arising from this contract is the business location of the seller. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or his domicile or habitual residence at the time the lawsuit is filed are not known.
Information relating to dispute resolution
In accordance with § 36 of the Consumer Dispute Act (Verbraucherstreitbeilegungsgesetz – VSBG). we are obliged to give you the following information: We are not prepared or obliged to participate in any dispute resolution process.