General terms and conditions of business
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed on www. siilks. com
a brand of brightmak digital consulting.
brightmak digital consulting
Berthelsdorfer Straße 12 12043 Berlin
Telefax: +49 30 37719290
E-Mail: info(at)brightmak. com
(2) The range of goods in our online shop is aimed exclusively at buyers who have not yet reached the age of 18. have reached the age of 18 and are entrepreneurs within the meaning of § 14 para. 1 BGB are to be considered.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of business of a customer which contradict our general terms and conditions of business is hereby already objected to.
(4) The contract language is exclusively German.
(5) You can access and print out the currently valid General Terms and Conditions on the website.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding request for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button “Payable order now” you make a binding offer to purchase (§ 145 BGB).
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This acknowledgement of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the acknowledgement of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you – without prior express acceptance – without prior acceptance.
§ 3 Prices
The prices mentioned on the product pages include the statutory value added tax and other price components and are exclusive of VAT. of the respective shipping costs
§ 4 Terms of payment
(1) Payment shall be made either: invoice by prepayment, cash on delivery, credit card, Paypal or Direct debit.
(2) When selecting the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“Authorization”). The actual debiting of your credit card account occurs at the time we ship the goods to you.
(4) If you pay by direct debit, you may have the right to pay. to bear any costs incurred as a result of a re-booking of a payment transaction due to a lack of account coverage or due to incorrectly submitted bank details by you.
(5) If you are in default with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the base rate. In addition, you are entitled to a lump sum payment of 40 euros. We reserve the right to assert further damages.
§ 5 Set-up/Rights to withhold
(1) You shall only be entitled to set-off if your counterclaim has been legally established or is not disputed by us.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery / Retention of Title
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address indicated by you.
(2) We reserve the ownership of the goods until the complete settlement of all receivables from the current business relationship. A pledge or transfer of security is not permitted before the transfer of ownership of the goods subject to retention of title.
(3) You may resell the goods in the ordinary course of business. In this case, you already assign to us all receivables in the amount of the invoice amount arising from the resale. We accept the assignment, but you are entitled to collect the receivables. If you do not comply with your payment obligations properly, we reserve the right to collect claims ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. (5) We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB) with the following modifications:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
– You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately upon receipt of the goods.
This shall also apply to hidden defects discovered at a later date.
The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
– In the event of defects, we shall, at our discretion, provide a warranty by rectifying the defect or supplying a replacement (subsequent performance). In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can demand a reduction in price or withdraw from the contract at your discretion.
c- The warranty period is one year from delivery of the goods. This limitation does not apply to claims arising from damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on which the contracting party may regularly rely (cardinal obligation), as well as to claims arising from other damages arising from a deliberate or intentional grossly negligent breach of duty of the user or his vicarious agents.
§ 8 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in the benefit of our Customer Support Specialists
§ 9 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UNKaufrecht”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you shall be the place of business of the Seller.
These General Terms and Conditions were prepared by HÄRTING Rechtsanwälte, Chausseestraße 13, 10115 Berlin, Tel. ( 030) 28 30 57 40, Fax (030) 28 30 57 44, mail@haerting. de, Contact: Dr. Martin Schirmbacher, Tel. ( 030) 28 30 57 462, schirmbacher@haerting. de