SUPATEX-EUROPE Impressum und AGB
Imprint and Terms and
Conditions Responsible for text, images and layout
Latex Berlin Handelsgesellschaft mbH
SUPATEX is a brand of Four D Rubber.
Managing Director: Thomas Bischoff
Seelower Straße 5,
10439 Berlin
Germany
Commercial register entry: HRB 97415 B, AG Berlin Charlottenburg
VAT ID No.: DE814499731
Central business address:Seelower Str. 5, 10439 Berlin
Tel.: + 49 (0)30 44 68 85 91
Email: support@Supatex-Europe.com
Graphics bildwerker.de
Youth Protection Officer
Dr Malte C. G. Marquardt, LL.M., Solicitor
www.ma-rechtsanwaelte.de
Kurfürstendamm 183
10707 Berlin
General Terms and Conditions of
Supatex-Europe, Latex Berlin Handelsgesellschaft mbH
1. Scope Contracts are
only concluded in accordance with the following terms and conditions in their
latest version. The General Terms and Conditions valid at the time of
conclusion of the contract are decisive for inclusion in the respective
contract. Individual agreements remain unaffected by this. Consumers within the
meaning of these terms and conditions are natural persons with whom a business
relationship is entered into without them being able to be attributed a
commercial or self-employed professional activity. Entrepreneurs within the
meaning of these terms and conditions are natural or legal persons or
partnerships with legal capacity with whom a business relationship is entered
into and who act in the exercise of a commercial or self-employed professional
activity. These General Terms and Conditions also apply to future business
relationships with entrepreneurs without the need for further reference. If the
entrepreneur uses conflicting or supplementary general terms and conditions,
their validity is hereby rejected; deviating terms and conditions of the
customer shall not become part of the contract unless their validity is
expressly agreed to by Supatex-Europe.
2. Offers and conclusion of contract The information in the catalogue or in the
shop or in electronic media (in particular on the website) does not constitute
an offer, but merely product and price information. The contract is concluded
when the purchase price is debited from the customer's credit card, when the
declaration of acceptance is sent or when the goods are dispatched, whichever
occurs first.
3. Right of withdrawal for distance
contracts
(1) Consumers have a statutory right of withdrawal when concluding distance
contracts in accordance with Section 312 c of the German Civil Code (BGB), as
described in the withdrawal policy. Entrepreneurs are not entitled to a right
of withdrawal and Supatex-Europe does not grant them this right. (2) Right of withdrawal for consumers: You
have the right to withdraw from this contract within fourteen days without
giving any reason. The withdrawal period is fourteen days from the day on which
you or a third party named by you, who is not the carrier, took possession of
the goods. To exercise your right of withdrawal, you must inform us
Supatex-Europe
Latex Berlin Handelsgesellschaft mbH
Seelower Straße 5
10439 Berlin, Germany
Tel: +49-30-44 68 85 91
Email: support@Supatex-Europe.com
of your decision to withdraw from this contract. You can use the attached
withdrawal form for this purpose, but this is not mandatory. To comply with the
withdrawal period, it is sufficient that you send the notification of your
exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal: If you
withdraw from this contract, we shall reimburse you for all payments we have
received from you, including delivery costs (with the exception of additional
costs resulting from your choice of a type of delivery other than the cheapest
standard delivery offered by us), without delay and at the latest within
fourteen days of the day on which we receive notification of your withdrawal
from this contract. We will use the same means of payment for this refund as
you used for the original transaction, unless expressly agreed otherwise with
you; in no event will you be charged for this refund. We may refuse to refund
until we have received the goods back or until you have provided proof that you
have returned the goods, whichever is earlier. You must return or hand over the
goods to us immediately and in any case no later than fourteen days from the
day on which you notify us of the cancellation of this contract. The deadline
is met if you send the goods before the expiry of the fourteen-day period. You
shall bear the direct costs of returning the goods. You shall only be liable
for any loss in value of the goods if this loss in value is attributable to
handling of the goods that is not necessary for testing their condition,
properties and functionality.
End of the cancellation policy
(3) The statutory right of withdrawal pursuant to § 355 BGB does not apply in accordance with § 312 g BGB, among other things, to contracts a) 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, b) contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, c) contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, d) Contracts for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts, e) Contracts in which the consumer has expressly requested the trader to visit them in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit that the consumer did not expressly request, or to goods delivered during the visit that are not absolutely necessary as spare parts for maintenance or repair.
4. Withdrawal in case
of unavailability
Supatex-Europe is entitled to withdraw from the contract if the ordered goods
are unavailable through no fault of Supatex-Europe. In this case,
Supatex-Europe shall immediately inform the customer of the unavailability and
refund the customer's payment without delay.
5. Prices, deliveries and transfer of risk
All prices include all taxes and other price components, unless otherwise
stated in the price quotation or catalogue. In addition, delivery and shipping
costs are incurred, which are shown separately in the specific offer. The goods
are predominantly handmade by Supatex-Europe. The delivery time is 10 working
days. In practice, we strive for shorter delivery times. The following applies
to consumers: The risk of accidental loss or deterioration of the sold item is
only transferred to the buyer upon delivery of the item. If goods are delivered
with obvious damage or transport damage, this must be reported to the carrier
or delivery service as soon as possible and Supatex-Europe must be notified
immediately. Failure to make a complaint or notify Supatex-Europe has no
consequences for legal claims and their enforcement, in particular warranty
rights. However, this will help Supatex-Europe to assert its own claims against
third parties, in particular the carrier or transport insurance company. The
following applies to entrepreneurs: The risk of accidental loss and
deterioration of the sold item is transferred to the entrepreneur as soon as
the item has been delivered to the carrier, the freight forwarder or any other
person or institution designated to carry out the shipment. The handover is
deemed to have taken place if the buyer is in default of acceptance. For
merchants, § 377 HGB (German Commercial Code) applies.
6. Payment, default of payment, default of acceptance
Supatex-Europe delivers against prepayment or cash on delivery and is not
obliged to make advance payments or to accept payment by credit card. If the
prepayment method is selected, the customer will be given Supatex-Europe's bank
details in the order confirmation. The goods will be shipped after receipt of
payment. If cash on delivery is selected as the payment method, an additional
€5.60 will be charged. If credit card is selected as the payment method, the
specified credit card will be charged upon completion of the order. If
Supatex-Europe delivers against invoice, default occurs with the consequence of
default interest being charged no later than 30 days after delivery and receipt
of an invoice or equivalent payment schedule, whichever occurs first. This does
not apply in exceptional cases where a different, longer payment term has been
agreed. In the event of late payment, interest of 5 percentage points above the
base rate shall be payable to Supatex-Europe in accordance with Section 288 of
the German Civil Code (BGB); for businesses, this shall be 9 percentage points
above the base rate. In the event of default on a payment claim by
Supatex-Europe, the statutory default fee of €40 within the meaning of Section
288 (5) BGB and a reminder fee of €15 per additional reminder shall also be
payable. The offsetting of reminder costs and the flat-rate default fee against
any damages owed is excluded; Section 288 (5) sentence 3 BGB is waived. The
customer reserves the right to prove that Supatex-Europe has incurred no damage
or less than £15 per further reminder. This shall not affect Supatex-Europe's
right to claim further damages.
7. Retention of title
Supatex-Europe retains title to the delivered goods until the purchase price
has been paid in full. In the case of contracts with entrepreneurs,
Supatex-Europe retains title to the delivered goods until all claims arising
from an ongoing business relationship have been settled in full. Entrepreneurs
may resell the goods subject to retention of title in the ordinary course of
business; the entrepreneur shall assign all claims arising from this resale –
irrespective of any combination or mixing of the goods subject to retention of
title with a new item – to Supatex-Europe in advance in the amount of the
invoice amount, and Supatex-Europe shall accept this assignment. Supatex-Europe
may disclose the assignment and also collect these claims itself if the
entrepreneur fails to meet its payment obligations.
8. Warranty and
liability, offsetting, assignment
(1) The warranty and liability are governed by the statutory provisions. The
warranty period is 2 years and begins with the handover of the goods; if the
customer is an entrepreneur, the warranty is limited to 1 year. If the
delivered item is defective, we shall initially provide warranty to
entrepreneurs at our discretion by remedying the defect (repair) or by
delivering a defect-free item (replacement delivery). The above restrictions
and shortened periods do not apply to claims based on damage caused by
Supatex-Europe, its legal representatives or vicarious agents a) in the event
of injury to life, limb or health, b) in the event of intentional or grossly
negligent breach of duty as well as malice, c) in the event of a breach of
essential contractual obligations, the fulfilment of which is essential for the
proper execution of the contract and on the observance of which the contractual
partner may regularly rely (cardinal obligations) d) within the scope of a
guarantee promise or e) insofar as the Product Liability Act applies. In
commercial business transactions, it is necessary that the commercial customer
has duly fulfilled its obligations to inspect and give notice of defects in
accordance with Sections 377, 378 of the German Commercial Code (HGB). In the
event of a breach of essential contractual obligations, the fulfilment of which
is essential for the proper execution of the contract and on the observance of
which the contractual partner may regularly rely (cardinal obligations), the
liability shall be limited to the amount of damage foreseeable at the time of
conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
(2) In the event of a warranty claim, please contact: Supatex-Europe, Latex
Berlin Handelsgesellschaft mbH, Seelower Str. 5, 10439 Berlin, email:
support@Supatex-Europe.com.
(3) In commercial transactions, a right of retention is excluded with the
exception of recognised, undisputed or legally established counterclaims. The
assignment of claims against Supatex-Europe arising from this contractual
relationship is only permitted with its prior written consent. This does not
apply if the legal transaction that gave rise to the claim is a commercial
transaction for both parties or if the debtor is a public-law entity or a
special-purpose fund under public law.
9. Storage of the contract text The contract text is not stored by us and can
no longer be accessed after completion of the order process. However, you can
print out the order data immediately after submitting it.
10. Disclaimer for external links Supatex-Europe provides links to other
websites on its pages. The following applies to all these links: Supatex-Europe
expressly declares that it has no influence whatsoever on the design and
content of the linked pages. We therefore hereby expressly distance ourselves
from all content on all linked third-party pages and do not adopt this content
as our own. This declaration applies to all links displayed and to all content
on the pages to which the links lead.
11. Note on
out-of-court online dispute resolution (so-called OS platform)
The online platform of the EU Commission, which serves as a contact point for
out-of-court online dispute resolution concerning obligations arising from
contracts concluded online, can be accessed at the following link:
http://ec.europa.eu/consumers/odr Our email address is:
support@Supatex-Europe.com.
12. Notice pursuant to
Section 36 of the Consumer Dispute Resolution Act (VSBG):
Although we are not legally obliged to do so, we are prepared to participate in
dispute resolution proceedings before the following consumer arbitration board:
General Consumer Arbitration Board of the Centre for Arbitration e.V.
Straßburger Straße 8 77694 Kehl am Rhein www.verbraucher-schlichter.de General
information The costs that would be incurred for a dispute resolution procedure
can be found at the following link:
www.verbraucher-schlichter.de/schlichtungsverfahren/kostenordnung
13. Place of
performance, place of jurisdiction, contract language and applicable law
If the customer is a merchant, the exclusive place of jurisdiction is Berlin
and the place of performance is the registered office of the seller. All
disputes arising from this legal relationship are subject to the law of the
Federal Republic of Germany. For consumers, this choice of law applies only insofar
as the protection granted by mandatory provisions of the law of the country in
which the consumer has his habitual residence is not withdrawn. The validity of
the UN Convention on Contracts for the International Sale of Goods is excluded.
The contract language is German.
14. Severability clause
The invalidity or unenforceability of individual provisions of the contract
shall not affect the validity of the remaining provisions. The invalid or
unenforceable provision shall be replaced by the statutory provisions.
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