Terms and Conditions
which are defined within the context of purchasing agreements via the online shop (www.smartemergency.com)
In der Lieblich 9
Phone +49 (0) 2623-869929-0
Fax +49 (0) 2623-869929-9
registered in the trade register of the district court Montabaur under HRB 24609, represented by Nicolaj Wälli, VAT No.: DE 300057989 – hereafter “seller” –
the buyer as defined in article 1 of these terms and conditions – hereafter “buyer”:
Art. 1 Field of application, definitions of terms
(1) Regarding the seller-buyer-relationship, the subsequent general terms and conditions in the version valid at the time of the order apply exclusively. The business conditions of the buyer do not apply, even if the seller does not expressly object to its validity. Diverging or opposing conditions only apply if the seller has approved them in writing.
(2) The buyer is consumer provided that the purpose of ordered supplies and services cannot be predominantly classed with his or her commercial or independent work. Contractor, on the other hand, may be any natural person or corporate entity or legally responsible partnership that acts in pursuance of his or her commercial or independent work at the time the contract is concluded.
Art. 2 Contract formation
(1) The presentation and promotion of products in the online store of the seller does not constitute a formalized offer to complete a purchase agreement.
(2) The buyer can choose products, first-aid and rescue products in particular, from the seller’s line of goods and collect them in a so-called shopping cart by using the button “add to shopping cart”. The button “commit to buy” constitutes a binding purchase request of the products in the shopping cart. However, this request can only be put forward and transmitted if the buyer accepts the terms at hand and incorporates them in his or her request by clicking on the button “Accept general terms and conditions”.
(3) The seller will then send the buyer an automated email to confirm receipt, relisting the purchase order of the buyer, who can print the order if desired. The automated confirmation of receipt merely documents that the seller has received the buyer’s order and does not constitute an acceptance of the request. The contract is not completed until the seller declares acceptance sent in a separate email (confirmation of order). The seller sends the buyer this email or a separate email containing the text of the contract (including order, general terms and conditions, and confirmation of order) on a durable medium (email or hardcopy), which in any case is sent at the latest when the goods are delivered. The text of the contract is stored in accordance with data protection regulations.
(4) The contract formation is conducted in German.
Art. 3 Delivery, Product availability
(1) The delivery time indicated by the seller is calculated from the point in time of his or her confirmation of the order, provided that the purchase price has been paid (purchase on account excluded). If there is no period stipulated for delivery or no information regarding alternative delivery times for the respective products in the online store, the delivery time is 5 workdays.
(2) If at the time of the buyer’s order the chosen product is not available, the seller immediately informs the buyer concurrently with the confirmation of the order. Should the product be permanently out of stock, the seller does not declare acceptance. In such a case there is no contract.
(3) If the ordered product is only temporarily unavailable, the seller also immediately informs the buyer concurrently with the confirmation of the order.
(4) The following delivery restrictions apply: The seller only delivers to buyers who are ordinarily resident (and whose billing address is) in one of the following countries and whose shipping address is located in that same country: EU, EFTA, CH, UK.
Art. 4 Reservation of ownership
(1) The delivered goods remain the property of the seller until payment is complete.
(2) If the buyer is a contractor, the following additionally applies:
- The delivered goods (goods subject to retention of title) remain the property of the seller until all the requirements that the seller is due now or in the future, including any and all current account balance claims, have been fulfilled by the buyer. If the buyer acts in violation of the contract – especially if he or she is in arrears with payments –, the seller is entitled to withdraw from the contract after having allowed reasonable time for payment. If the seller retracts the goods subject to retention of title, this already constitutes a withdrawal from the contract. The buyer is charged with any freight costs incurred by returned shipments.
- If goods subject to retention of title are seized by third parties or in the case of any other interventions by third parties, the buyer is obliged to indicate the seller’s ownership and to immediately notify the seller in writing, so that the seller may enforce his or her property rights.
- If the buyer insists, the seller is obliged to release collateral if its worth surpasses the worth of his or her accounts receivable from the buyer by more than 10%. The seller is, however, entitled to choose the collateral that is to be provided.
Art. 5 Prices and delivery charges
(1) For a product in the online store of the seller the net price (exclusive of German VAT) and the gross price (applicable German VAT included) are quoted.
(2) The buyer may refer to the order sheet for information about the respective delivery charges, which are borne by the buyer unless the buyer as consumer exercises his or her cancellation right.
(3) Goods are delivered via parcel shipment or a haulage firm. The seller bears potential transportation risks if the buyer is consumer.
(4) In the case of a cancellation, the buyer bears the direct costs of the return.
Art. 6 Payment terms
(1) The buyer can effect payment via prepayment, instant bank transfer or online payment (PayPal or credit card). Retailers and business clients who have an established business relationship with the seller can also buy on account or via SEPA direct debit.
(2) The seller assumes no liability for the loss of cash. The seller reserves the right to run a credit check. For insurance against credit risk the seller, with due regard to the buyer’s credit-worthiness, reserves the right to carry out a requested delivery only if the buyer pays via prepayment, instant bank transfer or online payment (PayPal or credit card).
(3) The payment of the purchase price is due immediately upon contract formation. Regarding the delivery against invoice the purchase price is due and payable within 14 days after the date of the invoice and the delivery of the goods.
Art. 7 Material defects warranty, guarantee
(1) The seller is liable for material defects according to respective legal regulations, particularly arts. 434 ff. BGB.
(2) The seller’s delivered goods carry an additional warranty only if this guarantee has been explicitly stated in the order confirmation of the respective product.
(3) If the buyer is a contractor, the following applies by way of derogation:
- By way of derogation from section 1, the warranty period regarding the seller’s delivered goods is 12 months.
- Should a defect become apparent during the delivery process, during the inspection or at a later point in time, the seller must be immediately notified in writing. In any case, obvious defects must be reported in writing within 8 workdays after the date of delivery, and defects not visible during inspection within the same period after discovery. If the buyer omits proper inspection and/or a notice of defects, according to the respective legal regulations the seller is not liable for any defect that has not or not properly been reported or that has not been reported in due time.
Art. 8 Liability
(1) The buyer’s claims for damages are excluded.
(2) Excluded from this are damage claims filed by the buyer due to threats to his or her life, body, or health, or due to breaches of fundamental contractual obligations (cardinal duties), as well as the accountability for other forms of damage caused by a premeditated or grossly negligent breach of duty on the part of the seller, his or her legal representatives or his or her vicarious agents. Fundamental contractual obligations are those which must be fulfilled to achieve the contractual goals.
(3) In the case of a breach of fundamental contractual obligations, the seller is liable only for damages typical for the contract or for foreseeable typical damage, if this has been caused as a result of neglicence, except where it is a case of claims for damage filed by the buyer due to threats to his or her life, body, or health.
(4) The restrictions of section 1 and 2 also apply to the benefit of the seller’s legal representatives and vicarious agents if claims are filed directly against them.
(5) The limitations of liability resulting from section 1 and 2 do not apply if the seller has fraudulently concealed the defect or provided a guarantee for the condition of the goods. The same applies if the seller and the buyer have made an agreement concerning the condition of the goods. The regulations of the product liability act remain unaffected.
Art. 9 Cancellation policy and sample cancellation form
(1) Users generally have statutory cancellation rights upon concluding a long-distance transaction. The seller subsequently informs about this right in accordance with legal guidelines.
(2) The cancellation right does not apply to contracts concerning the delivery of sealed goods, which for reasons of health protection or hygiene are not returnable if their sealing has been removed after delivery.
(3) The seller informs about cancellation rights and the sample cancellation form in accordance with legal guidelines as follows:
|Cancellation policy Cancellation right You are entitled to cancel this contract without giving any reasons within fourteen days. The cancellation period is fourteen days from the day on which you or a designated third party, who is not promoter, take or takes possession of the goods. To exercise your cancellation right, you must inform us (SmartEm GmbH, In der Lieblich 9, 56427 Siershahn, Phone +49 (0) 2623-869929-0, Fax +49 (0) 2623-869929-9, Email: firstname.lastname@example.org) by means of an explicit declaration (e.g. a letter sent by post, a telefax or an email) about your decision to cancel the contract. For this purpose you can use the enclosed sample cancellation form, which, however, is not mandatory. For the keeping of the cancellation period it is sufficient to send your notification informing us about your exercise of your cancellation rights prior to the expiration of the cancellation period. |
Consequences of revocation If you cancel this contract, we are obliged to refund all the money that we received from you, including the delivery costs (with the exception of additional costs incurred due to your choice of a mode of delivery different from the low-priced standard delivery offered by us), without delay and within fourteen days the latest from the day on which we received your notice of revocation of this contract. For this reimbursement we use the same means of payment that you used during the original transaction, unless a different agreement has been explicitly made; under no circumstances will you be charged for this reimbursement. We have the right to refuse repayment until we have regained the goods or until you have furnished proof of having returned the goods, whichever occurs first. You are obliged to return or hand over the goods without delay and in any case within fourteen days the latest from the day on which you notify us about the cancellation of this contract. The deadline shall be deemed to have been observed if you post the goods prior to the expiration of the 14-day-deadline. You bear the direct costs for the return of the goods. The costs are estimated at no more than approximately 60€; in the case of shipment via forwarding agents it might be more. You are obliged to pay for any loss of value of the goods only if this loss of value is the result of your unnecessary handling of the goods to check their quality, features and functionality.
|Sample cancellation form (If you wish to cancel the contract, please fill in this form and return it to us.) To SmartEm GmbH In der Lieblich 9 56427 Siershahn Phone +49 (0) 2623-869929-0 Fax +49 (0) 2623-869929-9 Email: email@example.com: — I/We (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*)/ the following service delivery (*) — Ordered on (*)/ received on (*) — Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only in written notices) — date (*) Strike out if not applicable|
§ 10 Final provisions
(1) The right of the German Federal Republic applies to contracts between the seller and the buyer to the exclusion of the UN Convention of Contracts for the International Sale of Goods (CISG). The legal regulations for limitations to the choice of law and for the applicability of peremptory provisions, especially of the state in which the buyer as consumer has his or her habitual residence, remain unaffected.
(2) If the buyer is a merchant, a corporate body under public law or a public separate estate, the place of jurisdiction for any disputes over contractual relationships between the buyer and the seller is the main office of the seller.
(3) Even if individual articles are legally void, the contract remains binding in all remaining sections. Void articles are replaced by legal provisions, if provided.
Consumer arbitration board
For disputes resulting from contracts that a consumer of one of the EU Member States has entered online with a company situated in the European Union, the European Commission has set up an online dispute resolution platform, which can be accessed via the following link:
The SmartEm GmbH is not legally obliged to participate in a dispute resolution process before a consumer arbitration board. We are not willing to participate in such a procedure voluntarily.
In der Lieblich 9
Phone + 49 (0) 2623-869929-0
Fax + 49 (0) 2623-869929-9
District court Montabaur, registered HRB/24609,
Managing Director Nicolaj Wälli, Lenzburg / Switzerland
VAT No.: DE300057989