Terms & conditions mobile
SIPS TERMS & CONDITIONS
The following general terms and conditions ("GTC") of Sips Berlin based in Berlin ("seller", "we" or "us") regulate the use of the Sips platform and the contractual relationship between us and you ( "Buyer", "User" or "You") on the other hand.
- General and definitions
- Conclusion of contract
- Retention of Title
- Payment, Due Date, Default in Payment
- Prices / delivery / shipping costs
- Transport Damage
- Exclusion to the right of withdrawal
- Limitation of liability
- Applicable law and place of jurisdiction
- Consumer dispute settlement
- Protection of Minors
- Changes to the General Terms and Conditions
§ 1 General and definitions
(1) All deliveries and services provided by the seller for the buyer are based on these terms and conditions. By placing an order, the buyer agrees to these terms and conditions without restrictions. If the buyer does not agree to these terms and conditions, he may not place an order.
If the buyer orders goods on behalf of a company, a company or an organization (collectively "Organization"), he warrants that he (a) is an authorized representative of this organization and (b) is authorized to bind this organization to these terms and conditions . These terms and conditions are only offered in German.
(2) If special rights and obligations are only agreed for consumers in accordance with § 13 BGB or only for entrepreneurs in accordance with § 14 BGB in these terms and conditions, the following definitions apply:
(3) “Consumer” within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
(4) "Entrepreneur" within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of contract
(1) The product presentations in the website are not binding offers by the seller, but merely represent a request from the seller to the buyer to submit a purchase offer to the seller himself. In particular, placing goods in the shopping cart does not yet create a sales contract between the buyer and the seller. The product representations do not always have to match the appearance of the delivered products. Claims for defects do not exist in this regard insofar as the changes are reasonable for you and do not deviate from a quality agreement.
(2) By sending the order via the website by clicking the "Buy now" button, the buyer makes a binding offer for the goods he has placed in the shopping cart at the price shown. The minimum order value is 1.00 euros.
(3) After placing the order, a binding contract is concluded with us if the order is accepted by an order confirmation immediately displayed in the website and / or the buyer is automatically asked to select the payment method he wishes. Payment of the purchase price is due upon conclusion of the contract. If delivery of the goods ordered is not possible, for example because the goods in question are not in stock, the buyer will not receive an order confirmation or the buyer will not receive a request to select the payment method. t. In this case, a contract does not come about, about which the buyer will be informed immediately. If, in exceptional cases, goods that the buyer has ordered bindingly in accordance with sentence 1 are not available, we will inform them immediately, after becoming aware of such a circumstance. In such a case, we will reimburse the purchase price already paid for the goods concerned via the respective payment method or, if necessary, agree individually with the customer whether a replacement product that is equivalent from the customer's point of view can be delivered while maintaining the payment obligation.
(4) Goods can only be ordered in commercial quantities.
§ 3 Delivery
(1) Unless otherwise agreed before the contract is concluded, the goods will be delivered to the address and / or person in our delivery area within Europe by the buyer during the ordering process. Deliveries to other countries / people are excluded.
(2) Please note that goods that are subject to youth protection regulations (e.g. tobacco products, alcoholic beverages, etc.) are only delivered to buyers of legal age (i.e. people over the age of 18) who have to identify themselves with an identity card upon delivery . The ordered goods will not be delivered to persons under the age of 18. In addition, the goods ordered are only delivered to the customer personally. For this purpose we are entitled to request the presentation of an identity card or a comparable official document (passport, driver's license, etc.) upon delivery. If the delivery cannot be handed over due to insufficient age verification and / or insufficient personal identification, the additional costs for the return of the order are to be borne by the customer. The age of majority must also be confirmed during the ordering process.
(3) The date of delivery of the goods to the buyer by the seller is specified by the buyer when placing the order.
(4) Delivery times for custom-made products are agreed separately with the buyer.
(5) Delivery only takes place against payment of the agreed shipping costs.
(6) We would like to point out that the seller bears the risk of loss or damage to the goods during transport, regardless of transport insurance, provided that the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1, Paragraph 5 of the General Terms and Conditions) .
(7) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1, Paragraph 6 of the General Terms and Conditions), the risk of accidental loss or damage to the goods on the dispatch route is transferred to the buyer when the goods are handed over to a carefully selected transport company if one is used. This also applies if the service is provided in several parts.
(8) If several goods are ordered, the delivery takes place uniformly. Unless otherwise agreed, partial deliveries are generally not possible. At the customer's request can be made a partial delivery. In this case, the additional costs incurred for shipping are borne by the buyer.
§ 4 Retention of title
The goods ordered remain the property of the seller until they have been paid for in full. Before the transfer of ownership, pledging, assignment by way of security, processing or redesign is not permitted without the express consent of the seller.
§ 5 Payment, due date, default in payment
(1) The purchase price for the goods ordered and for any delivery and shipping costs must be paid immediately after the conclusion of an effective contract.
(2) Installment payments require prior coordination / agreement with the seller.
(3) In the event of default in payment, the seller is entitled to withdraw from the contract after a reasonable deadline for performance.
§ 6 Prices / delivery / shipping costs
(1) Only the purchase price of the goods displayed in the website applies. All prices in the website include the VAT applicable to the specific product. The value added tax is shown separately for each product. The current total value of the shopping cart is shown to the customer at any time in the shopping cart or in the order overview.
(2) The separately stated delivery and shipping costs apply to delivery / dispatch within Germany and are clearly communicated to the buyer before submitting his contractual declaration.
(3) We offer you a wide range of payment options, each of which is specified in the website. Pay for your online purchase conveniently by credit card, PayPal. Of course, every payment method is free of charge for you. There are no separate fees.
§ 7 Warranty
(1) If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1, Paragraph 5 of the General Terms and Conditions), the warranty period for new items is 24 months from delivery of the item. Claims for damages are excluded from this and are based on § 12 of these terms and conditions.
(2) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1, Paragraph 6 of the General Terms and Conditions), the warranty period for new items is one year from delivery of the item. No guarantee is given to an entrepreneur for used items. Claims for damages are excluded from this and are based on § 12 of these terms and conditions.
(3) Damages caused by improper or non-contractual measures by the buyer during installation, connection, operation or storage do not justify a claim against the seller. The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer of the goods supplied.
(4) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1, Paragraph 6 of the General Terms and Conditions), he is only entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to examine and report in accordance with Section 9 of these General Terms and Conditions.
(5) In addition, the buyer's claims against the seller in the event of defects are based on the statutory provisions.
§ 8 Transport damage
If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1, Paragraph 6 of the General Terms and Conditions), he must inspect the goods for transport damage immediately upon receipt. Identifiable transport damage must be reported to the seller immediately in writing. The buyer must have the transport company confirm any packaging damage in writing upon acceptance of the goods. If such a defect appears later, notification must be made immediately after it is discovered.
§ 9 Exclusion of the right of withdrawal
(1) According to the law, the right of withdrawal does not apply to distance contracts
- for the delivery of goods that can spoil quickly or whose use-by date would be exceeded quickly,
- 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
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
- in all other cases mentioned in Section 312g (2) BGB.
(2) In the case of a contract for the provision of services, the right of withdrawal also expires if the entrepreneur has provided the service in full and has only started performing the service after the consumer has given his express consent and at the same time confirmed his knowledge of it that he loses his right of withdrawal if the contract is fully fulfilled by the entrepreneur.
§ 10 Limitation of liability
(1) The seller is liable without limitation in accordance with the statutory provisions, provided that the buyer asserts claims based on intent or gross negligence as well as in cases of assumption of a quality guarantee, in the case of fraudulent concealment of defects and in the event of injury to life, body and health . In the case of damage to property and pecuniary damage caused by the seller through slight negligence, the seller is only liable in the event of a breach of an essential contractual obligation, however the amount is limited to the damage that is foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on. If the seller provides services free of charge, he is only liable in accordance with the above § 12 (1) sentence 1.
(2) Liability under the Product Liability Act remains unaffected.
(3) Any liability on the part of the seller beyond the above is excluded.
(4) The above exclusions and limitations of liability also apply with regard to the liability of employees, workers, employees, representatives and vicarious agents of the seller.
§ 11 Applicable law and place of jurisdiction
(1) All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany with the exception of its conflict of laws provisions. The validity of UN purchasing law is excluded. If the user is a consumer, he is also entitled to the protection of the mandatory provisions of the law that would be applicable without this clause, in accordance with Article 6 (2) of Regulation (EC) 593/2008.
(2) The exclusive place of jurisdiction for disputes arising from or in connection with the delivery of the goods and / or these terms and conditions is Berlin, provided that the buyer is a merchant or the buyer is a legal entity under public law or a special fund under public law, or the buyer does not have a permanent place of residence in Germany, the buyer has relocated his place of residence or his usual place of residence abroad after these terms and conditions come into effect or if the place of residence or usual place of residence of the buyer is not known at the time the action is brought.
§ 12 Consumer dispute settlement procedure
(1) We would like to point out that we are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. Rather, we always try to resolve any conflicts with our customers ourselves.
(2) The EU Commission has set up an internet platform for the online settlement of disputes ("OS platform") between entrepreneurs and consumers. The OS platform can be reached at www. ec.europa.eu/consumers/odr/ .
§ 13 Protection of minors
(1) Goods that are subject to legal sales restrictions are only handed over to persons who meet the legal requirements. For this purpose, the employees of Sips Berlin may request the submission of an official photo ID.
(2) It is possible to order alcoholic products. Sips points out that alcoholic goods are only given to people over the age of 18 (see also Section 3 (2)).
§ 14 Copyrights
Sips Berlin is protected by copyright. We grant you the non-exclusive, non-sublicensable and non-transferable, time-limited and revocable right to use the website to order goods via the website
in accordance with these terms and conditions. Any further use of the website, including the images, characters, symbols or product descriptions shown, is not permitted without our express consent. When using the website, you are in particular prohibited from extracting the information displayed on the website, in particular about the goods offered on the website, in large quantities (e.g. through so-called "scraping") and / or using the information outside of the website.
§ 15 Changes to the general terms and conditions
(1) We reserve the right to change our terms and conditions at any time, unless this is unreasonable for the user. For new contracts, the general terms and conditions apply in the version valid at the time the contract was concluded.
(2) In the event of an ongoing contractual relationship, we will notify you of a change to the terms and conditions for at least 4 weeks by means of a push notification within the website or by email. If you do not object within this 4-week period or if you open the website again, the changed terms and conditions are deemed to have been accepted with effect for the future and will become part of the contract at the time they come into effect. In the notification containing the changed conditions, we will inform you of the effect of the silence and the meaning of the 4-week period.
A change to the terms and conditions is particularly possible if
the changes or adjustments are only beneficial for the user,
the changes or adjustments are necessary to ensure compliance with applicable law, especially if the applicable legal situation changes, or to comply with a court ruling or a decision by the authorities,
if the changes or adjustments do not have a significant impact on the functions of the services or are of a purely technical or organizational nature, or
this concerns additional, completely new services that require a description in the terms and conditions, unless this would be disadvantageous for the current usage relationship.
(3) The above paragraph (2) does not apply to such changes that would lead to a change in the equivalence ratio of performance and consideration or to a redesign of the contractual structure as a whole. In this case we will offer you to continue the contract on the original terms.
Version 1.0 / October 2021