Terms and Conditions
General Terms and Conditions of A. Sutter Fair Business GmbH for the purchase of goods and services via internet, e-mail, telephone, or other permanent data media
1. Scope of application
The following General Terms and Conditions apply to such contracts regarding the sale of goods and other services as are concluded exclusively by means of transmission between the German company A. Sutter Fair Business GmbH (hereinafter "SFB") and the purchaser of goods and other services (hereinafter "the customer"). Declarations and actions by the customer referring to his own general terms and conditions of trade or purchase are hereby contradicted. Divergences from these General Terms and Conditions of SFB are effective only if such divergences have been confirmed by SFB in writing.
2. Conclusion of contract
The offers which SFB places in its internet portal are a non-committal invitation to the customer to submit an order. By sending his order, the customer is deemed to have made a binding offer. SFB will confirm the order immediately. The contract is deemed to have been concluded between the parties already by order confirmation or by delivery of the ordered goods or by rendering the ordered services at the latest.
3. Delivery reservation
Sale of the goods is subject to availability.
4. Fulfilment of the contract by the customer
The prices of the goods or services can be seen on the order form. Delivery and shipping costs are charged separately in so far as these are shown separately on the order form. The prices applying are as indicated on the order form at the time of ordering and are due for payment immediately. The customer must pay the amount indicated in his order –unless agreed upon otherwise – by means of credit card in advance. SFB accepts payment by the credit cards listed on the order form. Payment is deemed to have been made only when the amount has been credited to the account of SFB.
5. Fulfilment of the contract by SFB
On receipt of payment, SFB shall promptly dispatch the goods without insurance – if not agreed differently – through a forwarding company of its choice to the address indicated by the customer. The risk is passed on to the customer as soon as the goods have left the premises of SFB. Providing the online access to the data bases is exercised by dispatching the access data, which have to be treated confidentially by the customer. Duration and cancellation deadlines of the individual contracts are subject to the respective statements in the order form.
6. Instructions on the Right of Withdrawal
As far as the costumer is consumer in the sense of § 13 BGB, German Law, he has the right of withdrawal, subject to these conditions:
6.1 Right of Withdrawal
In case of contracts concerning the delivery of goods, the customer can withdraw his conclusion of the contract within 2 weeks in writing (i.e. letter, fax, e-mail) without stating a reason, or – if the purchased goods have been delivered to you before expiration of the prescribed period – also by returning the respective goods. The deadline starts after receipt of this instruction in writing, but not before delivery of the goods to the recipient (in case of repeated deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of the duty of information, according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (German Law) as well as the duties according to § 312g paragraph 1 sentence 1 BGB (German Law) in connection with article 246 § 3 EGBGB (German Law). To ensure the due period of withdrawal, the timely dispatch of the note of withdrawal or the goods suffices. The note of withdrawal has to be addressed to:
A. Sutter Fair Business GmbH
Bottroper Str. 20
Fax:+ 0049 (0) 201 8316 - 20228
6.2 Right of Withdrawal in case of contracts on the supplying of services
In case of contracts concerning the supplying of services, the customer can withdraw his conclusion of the contract within 2 weeks in writing (i.e. letter, fax, e-mail) without stating a reason, or – if the purchased goods have been delivered to you before expiration of the prescribed period – also by returning the respective goods. The deadline starts after receipt of this instruction in writing, but not before the contract is concluded and also not before fulfillment of the duty of information, according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (German Law) as well as our duties according to § 312g paragraph 1 sentence 1 BGB (German Law) in connection with article 246 § 3 EGBGB (German Law). To ensure the due period of withdrawal, the timely dispatch of the note of withdrawal suffices. The note of withdrawal has to be addressed to:
A. Sutter Fair Business GmbH
Bottroper Str. 20
Fax:+ 0049 (0) 201 8316 - 20228
6.3. Consequences of Withdrawal
In case of an effective withdrawal, services received, have to be returned as well as any use thereof (i.e. interest). In case the customer cannot return the received services or use thereof (use advantage) in full, in part, or in case he can only return them in a deteriorated condition, he is obliged to compensate SFB. This may lead to the situation that the customer will nevertheless have to meet his payment obligations for the period until the withdrawal is exercised.
In case of contracts concerning the delivery of goods the following is valid: For deterioration of goods and services used, the customer only has to compensate, if the use or deterioration is caused by handling the goods in such a way that exceeds the checking of the characteristics and operating mechanisms. “Checking the characteristics and operating mechanisms” describes the checking and testing of goods as is common, i.e. in a shop. Goods able to be shipped as packages have to be returned to SFB at their risk. The customer has to bear the costs for the return, if the goods delivered equal the ordered ones, and if the price does not exceed 40 Euros, or if, in case of a higher price, at the time of withdrawal the customer has not already performed the respective service or paid the respective partial amount as agreed upon in the contract. On the other hand, the return is free of charge for you. Goods, not able to be shipped by package, will be collected at the customer’s premises.
For all contracts, the following is valid: Payment obligations have to be met within 30 days. For the customer, the deadline starts with the dispatch of his note of withdrawal or the return of the goods, for SFB it starts with the receipt thereof.
6.4 Special notes
In case of a contract for the rendering of a service the following is valid: The customer’s right of withdrawal expires prematurely, if the contract has been completely fulfilled as according to the explicit wish of the customer, before he has exercised his right of withdrawal.
In case, the goods have any shortcomings, SFB will effect subsequent fulfilment towards consumers according to the legislative provisions.
In case, the goods have any defects, SFB will effect subsequent fulfilment towards entrepreneurs by amendments or replacement, subject to its own choice.
In case, SFB is obliged to compensate within the range of the defects guarantee, the liability is valid as stated in paragraph 9.
8. Limitation period
As far as limitation periods are concerned, the legislative limitation terms apply. Any demands of entrepreneurs expire after a period of one year after delivery of the goods or rendering of the service.
SFB is liable for damages or efforts made in vain – irrespective of the cause in law – only, if these damages and efforts made in vain have been caused by SFB or its vicarious agents due to neglecting a contract duty that is essential for fulfilment of the order (breach of cardinal obligations) or due to a wilful action or gross negligence.
In case of breach of cardinal obligations resulting from simple negligence, SFB bears liability only for damage which is typical to the contract and which could be foreseen upon conclusion of the contract. In such case SFB is particularly not liable with regard to indirect consequential damage, which cannot be foreseen, or loss of profit. The same applies for damages due to gross negligence or breach of cardinal obligations resulting from simple or gross negligence by employees and agents of SFB, if they are not members of the management or executives in a leading position at SFB.
SFB’s liability to pay compensation is limited to the tenfold amount of the order value for all damage caused by SFB, unless such damage can be attributed to wilful action or gross negligence. The aforesaid limitations on liability do not apply in the event that claims against SFB are asserted based on damage to life or health or bodily harm, in the event liability is mandatory based on the Product Liability Act or in case a fraudulent concealment of a defect is involved. If a guaranteed characteristic is missing, SFB only bears liability in case of damages, the prevention of which was part of the guarantee.
Any liability above the aforementioned is denied without consideration of the legal nature of the claim.
As far as liability towards SFB is limited or disclaimed this also applies towards the personal liability of its employees, representatives, assistants and vicarious agents.
10. Special features concerning online services
The offered online documents are protected by copyright. The user gets a simple, non-transferable right to show, store, and apply them for his own use only. No further copyrights, rights of usage or other protective rights will be transferred to the user. SFB commits itself to provide access to those products, which are offered online, as unlimited as possible. Downtimes, caused by service and software-updates, as well as downtimes caused by technical and other problems, which are not subject to the influence of SFB (force majeure, negligence of a third party), do not entitle to compensation claims.
Name and address of the customer as well as all data required for the fulfilment of order are stored in automated files.
12. Customer Service
The customer may pose any questions, explanations and complaints regarding his contract via letter, telefax, or e-mail to the contact address stated in paragraph 6 of these GTC.
13. Applicable law and legal venue
The law of the Federal Republic of Germany applies exclusively; standard international law is excluded. The legal venue for all disputes arising from this contract is Essen when the contracting parties are merchants, legal entities or special assets under public law, or when at least one of the contracting parties does not have a general legal venue in the Federal Republic of Germany, or when after conclusion of contract the party moves its domicile or habitual abode outside the Federal Republic of Germany, or when its domicile or personal abode is unknown at the time of commencement of action.